The Internet has provided us with both opportunities and challenges. It has also enabled people to conduct crimes that were previously impossible. As a result, in order to prevent such internet crimes, governments all over the world are implementing strict legislation, which occasionally sparks controversy. The American and Canadian government have updated their Internet regulations, which has generated varied reactions from tech users. Let’s look at some typical internet crimes and the legal ramifications of such crimes.
Cybercrime
Cybercrime is a critical concern in today’s world. Cybercrime causes irreparable damage to individuals, corporations, and financial institutions, as well as national security. We all recall how cybercrime played a devastating role in the 2017 U.S. presidential election. Cybercrime is a broad issue, but in a nutshell, it refers to any illicit online activity carried out by people or organizations with the intent of obtaining anyone’s private information without their consent or stealing sensitive data or information from a specific firm or institution. Furthermore, cybercrime includes data breaches, phishing attacks, cyberbullying, ransomware, digital fraud, online banking fraud, and other unauthorized digital activities. Moreover, data breaches, phishing attacks, cyberbullying, ransomware, digital fraud, online banking fraud, and other illegal digital activities fall under the category of cybercrime. In 2021, the United States lost nearly $7 billion due to the rise of cybercrime attacks, whereas, according to CyberEdge, 85.7% of Canadian companies were affected by cybercrime attacks. Legislators in the United States have already approved strict regulations for cybercriminals. But now the Canadians are also saying enough is enough, and as a result, the Canadian government has also passed stricter Cyber Securities legislation against cyber criminals. In the following section, we will discuss some frequent cybercrime offenses and the penalties for committing such crimes.
Hacking is a major part of cybercrime. An attempt to intercept or gain unauthorized access to a computer system and exploit sensitive data or information is known as hacking.
The United States has always been a major victim of hacking activities, and in many cases, these activities breach national security. In the United States, the FBI (Federal Bureau of Investigation) investigates most hacking offenses, along with the NSA (National Security Agency), which handles some highly specialized cyber offenses. Depending on the severity of the hacking charges, the US court can potentially sentence a hacker to 20 years. The primary mechanism for prosecuting cybercriminals and hackers is the Federal Computer Fraud and Abuse Act or CFAA.
According to the CFAA Act, Unauthorized access to a computer with the intention of obtaining national security information can lead to 10 years of imprisonment and 20 years for a second conviction. Knowingly accessing a protected computer without permission with the intent to defraud can result in a 5 years prison sentence, with a maximum of 10 years for a second conviction. Spreading threats to destroy a protected computer or sending threats to gain information or violate information confidentially might result in a year in prison for a hacker.
The United States Electronic Communications Protection Act (ECPA) addresses the crime of gaining unauthorized access inside a facility that provides electronic communication services, including email services. Violation of ECPA is subjected to penalties ranging from up to 10 years for repeat violations.
Malware, or spyware and Phishing, is still a major source of concern for every computer user. Any sort of activity that relates to planting or spreading malware and phishing would directly violate the CFAA, 18 U.S.C § 1030 (a)(5) (A), which carries a potential sentence of up to 10 years for planting malware and a 20-year maximum for phishing activities.
In the case of Canada, according to section 184, anyone found guilty of intercepting private communication could face a maximum of five years in prison. An attempt to intercept or gain unauthorized access to a computer system and exploit sensitive data or information is known as hacking. Section 184 states that anybody found guilty of intercepting private communication faces up to five years in jail. If you are proven guilty of obtaining passwords and intercepting any function of a computer system in order to perform fraudulent or criminal actions, you might face a ten-year prison sentence.
Section 430 states that any person committing mischief to destroy or alter computer data or make data meaningless, useless, or ineffective could face life imprisonment if it causes danger to life. Phishing, on the other hand, is considered a fraudulent act. Serious phishing emailing offenses can lead to a 14-year jail term.
The Canadian law also clearly states that if an individual is found guilty of installing or delivering ransomware, spyware, worms, trojans, or viruses, he or she faces 10 years in jail and life imprisonment if the victim’s life is endangered.
Cyberbullying
Cyberbullying is spreading at an alarming rate all across the world. Racist comments and body shaming roasts are becoming more widespread in the internet realm. The U.S.A is among the top three countries with the highest rates of cyberbullying. In 2021, almost 41% of American Internet users became victims of cyberbullying.
On the other hand, 1 in 10 Canadian children experiences online harassment and 6.7% of Canadian adults experience cyberbullying. However, we all know that cyberbullying causes harm and can even change people’s lives. In some cases, cyberbullying is illegal and may lead to criminal prosecution.
One of the most common manifestations of cyberbullying is the distribution of intimate images and videos of individuals without their consent. Such activities are now considered an offense according to American and Canadian legislation as they cause unbearable harm to the individual’s social reputation and can sometimes result in suicide. Anyone in the United States found guilty of distributing an intimate image or clips without authorization faces up to 5 years in prison and up to $10,000 fine. However, the degree of punishment could fluctuate based on different states.
In Canada, the offender could face 5 years in jail including confiscation of their computer, phone, or other equipment used to share the image, and compensation of the victim’s costs to have the sensitive images or videos removed from the internet. The judge has the authority to order the removal of the video or images from the internet.
Copyright Infringement of Software
Successful software in the technology industry may earn billions of dollars for the software companies. Building software requires a significant amount of effort, study, ideas, time, and collaboration. The primary objective is to develop high-quality software that will make your life easier. Having the correct copyright for any software allows the owner to have total control over it and be legally recognized. The most important component of having official software copyright is that it prevents others from cloning or duplicating it. Under the Copyright Act, software entrepreneurs can acquire computer code protection in the USA and Canada. When it comes to copyright infringement of software the laws developed by the American and Canadian judicial authorities are almost the same but the amount of financial penalties vary in these two countries. Anyone who attempts to replicate or clone the code will be charged with copyright infringement, and the offender may face a fine ranging from $25,000 to $1,000,000, or imprisonment for a term not exceeding 5 years, or both.
A recent dispute between two Canadian tech companies has pointed out the importance of software copyrights. Vincent Lam, the co-founder, and CEO of Matidor was fined $277,400 for using a copy of Ark Innovation Technology’s software. Vincent Lam from Vancouver is a former co-founder of Ark Innovation (famous for building map-based project management software) who, according to the court records, kept an unauthorized copy of the software when he resigned. Later, Vincent Lam used the stolen software code to launch a new software company called Matidor Technologies and created a project management software similar to Ark Innovation. After a two-year legal battle, Federal Judge Nicholas McHaffie ruled that Vincent Lam was accountable and guilty of causing harm to Ark Innovation through copyright infringement and passing off. As a co-founder of Matidor, Vincent Lam paid a significant amount of money to Ark Innovation for violating copyright infringement and has been ordered to return the infringing materials to the rightful owners.
Torrenting
Torrenting is the process of uploading and distributing large files and distributing them over the Internet. If you are not a Netflix or Amazon Prime subscriber, then you can easily download any movie through torrent. Torrents can also be used to download almost any popular piece of software, game, or movie. Torrenting is very controversial in the tech world. Many software companies, gaming production companies, and especially movie studios, always speak against torrenting and declare it as a prime source of online piracy. On the other hand, many people in the tech world continue to support torrents and see them as very helpful as they allow us to download popular and important premium software, movies, and games without paying a single penny.
Torrenting is not illegal in Canada nor in the USA and you may share and download movies, TV series, documentaries, or your favorite artist’s entire album collection so long as the content is not protected by copyright laws. But such activities become illegal if the multimedia content you are acquiring is shielded or protected by copyright law and the owner timely renews his/her content in a routine manner. In that case, if you are found having and downloading such copyright-protected files or content, then you can face some serious legal issues, which include a $5,000 fine. If you are caught distributing the file or materials for commercial purposes, then the fine could reach up to $20,000. It is usually a good idea to use a VPN before downloading anything from a torrent to avoid being tracked and monitored.
Child Pornography
With the rise of several social apps, a large number of child predators are lurking within these platforms, causing sexual exploitation of underage children or teens. Apps like Snapchat, Omegle, Instagram, and Tiktok are the most popular platforms for minors, and most child predators use these platforms to catch their prey. It is always challenging for law enforcement agencies to apprehend predators who prey on innocent underage children. In the USA, the violation of federal child pornography laws is a dangerous crime, just as it is in Canada.
In the United States, according to 18 U.S.C. Sec. 2252(a)(4), if anyone is found guilty of possessing child pornographic material with the intent to view such material, it could result in a minimum sentence of 10 years and the highest penalty could be 20 years.
In Canada, the law seems almost equally strict as in the USA. According to Canadian law, possessing or accessing child pornography with the intent to watch is a serious crime and is liable to maximum imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of one year.
In some cases, many fake or anonymous or social media users send child pornographic images or clips randomly to other users, provoking them to buy such materials. If such things happen to you, keep the necessary evidence or screenshot of the conversation, or report to the authorities about that anonymous profile.
About the Author:
Wali I. is an Independent professional at Upwork and white hat SEO Link Builder at LinKRanKseo.com that provide top quality link building service to industry-leading brands, review sites, affiliate marketers, large Internet marketing companies, performance marketing companies that want to outsource the time-consuming manual link-building task at a lowest affordable cost. Wali I. also has a strong engagement in the affiliate marketing industry.
Email: wali@linkrankseo.com