Mr. Speaker, I am pleased to have the opportunity to speak to Motion No. 80. I would thank the hon. member for Saskatoon—Humboldt for raising an issue of national and international importance.
Issues relating to cyber-crime, such as hacking and malicious virus dissemination, have been widely reported over recent months and has caused government and industry and the public to turn their attention to these matters.
The government shares concerns related to issues surrounding cyber-crime. However, it is important to find out that our concerns are related to the proliferation of such activity and not about our ability to prosecute such offenders as we have laws that address the problem on the books already.
Although the Minister of Justice agrees with the principle of the motion, she cannot support it as presented. The simple answer or reason is that our current criminal code provisions already criminalize this type of behaviour.
A short 10 years ago the Internet was in its commercial infancy. Now the expansion of the Internet and the technologies associated with it in a very real manner have revolutionized our world. The Internet has changed the way we communicate with one another, the way we share information and the way we relate to each other. Computer networks and the Internet in particular have managed to shrink our vast world.
Today's technology allows us to share information with people in other countries and on other continents with minimal expense, but the Internet has also created corresponding opportunities for criminals.
Like everyone else, criminals have embraced high technology to further their goals. We are becoming increasingly aware of the threats posed by individuals using the Internet. Hate literature and child pornography can be disseminated easily. Even traditional crimes such as fraud and forgery can now be committed with the aid of the Internet.
Hackers, which are addressed in the member's motion, can wreak havoc on our economic infrastructure by bringing down critical computer and communications systems. Serious havoc can even result from a prank.
There have been incidents where teenagers either unknowingly or fully understanding the implications of their actions have hacked into sensitive websites. The potential damage from a concerted attack by cyber-terrorists on a country's critical infrastructure could be catastrophic. This is what makes this type of behaviour so troubling.
That being said, Canadians are fully protected from and equipped to deal with the conduct described in the member's motion. In fact laws covering this type of behaviour have been on our books for over 15 years. In 1985 parliament created a separate category of offences for hackers, now section 342.1 of the criminal code. This provision makes it illegal for any person to obtain unauthorized access to a computer service. Parliament at the time recognized that this could be a serious crime, and it is therefore punishable with a maximum term of imprisonment of 10 years.
With respect to persons knowingly and maliciously disseminating computer viruses, parliament also made amendments in 1985 to the crime of mischief which is also punishable by a maximum term of imprisonment of 10 years. If actual danger to life is caused the maximum penalty is life imprisonment.
These 1985 amendments make it a crime to wilfully tamper with computer data. This includes conduct such as obstructing or interfering with the lawful use of computer data or a computer system. Additionally the traditional laws of attempt, conspiracy and aiding and abetting will apply to these offences.
It is clear that our current laws already criminalize the malicious dissemination of computer viruses that cause harm, as well as attempts and other forms of complicity in such crimes. Law enforcement has and will continue to use these provisions successfully as in the recent mafia boy case, where the accused was charged with 64 counts of hacking and mischief.
As stated earlier we are appreciative of the member's motion. However the motion may give the impression that Canada is not prepared or equipped legally to deal with such crimes. This is obviously not correct.
In a recent independent international study on the readiness of national laws to deal with cyber-crime, McConnell International found that Canada's cyber-crime laws are among the world's strongest.
Although Canada is a world leader in this regard, the government is committed to ensuring that our laws speak to our changing technological environment, while having due regard for fundamental human rights.
Canada is an active participant in many international fora which are currently studying both the effects and solutions to the issues raised by cyber-crime. These include among others the G-8, the Council of Europe, the United Nations, the Commonwealth Secretariat, OECD and the Organization of American States.
As observers to the Council of Europe, Canadian delegates have been integral in negotiating a draft convention on cyber-crime that will be adopted later this year and that will stand as a benchmark for international instruments in this area. At the G-8 Canada continues its leadership role on cyber-crime issues and is looking forward to its presidency in the year 2002.
In summary, the existing provisions of the criminal code protect Canadians fully against those who would use technologies such as the Internet for the criminal purposes outlined in the motion. The government, in co-operation with its international partners, the law enforcement industry, provinces, territories and civil liberties groups, is working to ensure that the tools and laws it employs are relevant and appropriate in today's fast paced environment.
In response to this international work, Canada is reviewing its laws to ensure that Canada's laws remain up to date and that Canada remains a world leader in this area.