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This assignment emphasizes on the major aspects of cyber crime as well as tips to get security from hackers.

Home, - Security & Laws Assignment

 

Advancements in  communication and information technologies along with digital computing have drastically altered the ways in which people live and communicate nowadays. Laws and regulations related to these areas are different in different countries. Tangible assets in law suggest anything that consist of personal and public properties. Therefore, Under Canadian Law and Statues, Cyber crime in this county is an evolving global incident. From a Canadian stand point, cybercrime might be considered to be peached  by the “Council of Europe – Convention on Cybercrime” (Atli, 2019). Offenses against the confidentiality, content-associated offenses, ancillary liabilities are counted under this law.

 On the other hand, the “Computer Fraud and Abuse Act” in Canada particularly prohibits cases with knowingly using a computer without permission to obtain national security or other governmental information. On the other hand, it prohibits opening a computer intentionally to obtain any personal data. Additionally, this law permits a person who suffers consequences to bring a civil action for damages against a criminal. Thirdly, in wider terms, the “Telecommunications Act of 1993”is a regulation of “Act of the Parliament of Canada”, which take care of telecommunications by making sure reliable services, protecting Canadian media along with protecting consumer privacy . Therefore, it could be said that though the main purpose is to ensure lawful acts and ensuring personal privacy, tangible differences of these acts are their way of implementations and provisions.

          

Among the four listed Canadian legal statues, the Criminal Code of Canada does not  directly related to the computer, telecommunications and cybercrimes. This act include some defences, but most of them are part of the Common Law instead of the Statue. According to this law, one of the amenities of the Canadian Criminal code was that it established the policy that no individual will be capable to be convince of a crime unless it particularly detailed and stated in a statue (Kerr, 2018). On the other hand, this regulatory document has played a main role in Canada’s history and also assisted in forming other regulatory acts and law, for instance, in the “Controlled Drugs and Substances Act”. Therefore, from these information, it could be said that this law alone is not directly linked to the computer, telecommunications and cybercrimes.

As per the CSEC, main components of COMSEC are listed below;

           Emission and Transmission Security

           Personnel and Physical Security

           Cryptographic Security .

The ten main cyber crime security tips are listed below;

           Using of strong passwords

           Securing the computer through activating firewall, application of anti-virus protection for computer and blocking spyware attacks .

           If any social media profile is there, then the setting should be private not public

           Protection of the mobile devices

           Protection of the important data

           Installing latest operating system updates

           Securing the wireless network by applying strong passwords

           Avoiding scams by reviewing the applications before blindly clicking on them

           Always contact the experts of anything serious happens with the security measures’

           Like other devices and profits, protection of e-identity is a must .

For any unlawful crime, a supreme penalty of no fewer than five years involving offences under section 342.1, but are not important personal damage offenses, section 606 needs that later stating a guilt plea, the respected judge should ask whether "any of the victims had advised the prosecutor of their desire to be informed if such an agreement were entered into, and, if so, whether reasonable steps were taken to inform that victim of the agreement". On the other hand, offense under Section 342.1 and 342.2 are straight illegal. The highest penalty is 10 years incarceration and five ears incarnation under section 342.2 

 Packet sniffing is an act of catching packets of data flowing around a particular computer network. This software is mainly applied to do this named a packet sniffer. On the other hand, packet sniffling is to computer networking what wire-tapping is to a telephone networking services. Of course packet sniffing could be attributed to a crime as per the human rights and cyber security acts related to the organizational operations (Sanders, 2017). In Canada as well as around the world, if packet sniffing become legal then the private data processing and online operational data of a specific company or a corporation could be known by other organizations or individual. Therefore, it is not legal.

A hacker who destroys information or denies access to data can be charged with the crimes of hacking and fraud. As per the computer crime law, an individual who accesses any computer system without permission, uses any computer system to achieve unauthenticated computer services  can be attributed as the hacker or fraud. On the other hand, in Canada as well as all over the globe, it is a serious computer crime to misuse computer security or computer system data (www.cga.ct.gov, 2018). As per these information, it can be proved that an individual who destroys data cab be charged with the crime of hacking. The punishment for this type of crime depends upon the degree of damage caused. Below is the list of level of penalty for this type of crime.

As per the Section 34 (4) of  the Canadian “Copyright Act”, maximum penalties have been categorical by the court. Section 35(1) underlines that an individual is accountable for the economic gain made with the help of infringement as well as "such damages to the owner of the copyright as the owner has suffered due to the infringement” (Geist, 2015). On the other hand, A copyright holder could as a replacement for selecting to protect the copyright under section 38.1 that allows for  "a sum of not less than $100 or more than $5,000 as the court considers just” for all the non-commercial breach and $500 to $20,000 for every commercial breach violation. Additionally, to the civil penalties discussed in the Section 42(1) of the Canadian Copyright Act suggests a quantity of criminal offenses (Geist, 2015). Mainly, they deal with breach violation, which includes sales or rental of copyright goods as well as could result in to penalty around $1,000,000 or imprisonment for two years. For the summary principle, a maximum of penalty is around $25,000 and imprisonment for minimum six months.

In Canada, currently it has been seen that major changes are being made in the copyright act. Though several other changes are yet to come, it can be said that, if a CD or DVD one purchased in an authentic way and the copies will be used in a proper way then copying them is not a crime. Bout on the other hand, the government of Canada has rejected a development of the private copying levy. On the other hand, in fact currently, regulations have been published particularly excluding MicroSD cards from the levy (michaelgeist.ca, 2018). Therefore, from this stand point, copying CDs and DVDs could be attributed as crimes if they have been caught red handed.

As per the pervious mentions, still majority of Canadians are allowed to make several copies of their recordings and music they have purchased or even they take loan from friends. However, several regulations are there as how to make copies and what should be done with the copies in section 80 of the Copyright Act (Joyce, Ochoa, Carroll, Leaffer&Jaszi, 2016). According to this act, an individual should perform his or her own copying. One cannotsimply ask a friend to copy it. It is then can be attributed and the “Private copy”. On the other hand, one cannot offer, trade, rent or sell the duplicate copies. Therefore, basically the duplicates must be under personal possession . Another important thing is that one cannot play or broadcast the copies in public. It means that the duplicate copies cannot be aired even in the radio, in any public performance and large gatherings.

In Canada there are two federal privacy laws available that are listed below;

           “The Privacy Act” related to an individual’s right to access as well as correct several personal information, which the Government holds about them (priv.gc.ca, 2018).

           The another one is “The Personal Information Protection and Electronic Documents Act (PIPEDA)”, which denotes a series of ground regulations for how all the private-sector companies collect, apply and revealing of personal information in the course of profit, non-commercial and commercial purposes around the country (priv.gc.ca, 2018).

The ten values of fair evidence practices in Canada are listed below;

           Openness

           Identifying Purposes

           Safeguards

           Limiting Collection

           Individual Access

           Accuracy

           Accountability

           Consent

           Challenging Compliance

           Limiting Use, Disclosure, and Retention (priv.gc.ca, 2018).

 

PIPEDA and the Privacy Act? List at least 2 key differences between them.

The “Privacy Act” directly provide access to individual people to avail and correct all the personal data that the government holds about them. On the other hand, the PIPEDA act and regulations are related to the banks, airline and several telecommunication organizations. All these regulations helps to secure personal data  of individuals in an indirect manner(priv.gc.ca, 2018).

On the flip side, “The Privacy Act” offers safeguarding facilities to citizens in Canada and defines as any documented data regarding an identifiable person. The second federal personal safety act is mainly applied to individual data seized by only private sector corporations, which are not federally-regulated or conducted businesses (priv.gc.ca, 2018)

It has been seen that, the personal information protection and electronic documents act in Canada acts differently for private organizations and public organizations. In case of private sector organizations  in Quebec, this act mainly seeks to maintain an equilibrium stage between the right of an individual to confidentiality with the rational requirements of establishments to gather, use and reveal information for financial purposes . Therefore, from this stand point, it could be said that all over the country even in Quebec, this act is applicable for Private sector organizations.

Application of PIPEDA in specific situations is listed below;

           This act helps individuals in gathering, application and expose of many individual information in the course of any commercial  function and around boundaries. This personal information protection act also helps in provinces without substantiality that is common for Private sector privacy act.

           This privacy protection act helps to safeguard workers’ information only in relation with a FWUB.

           Another important thing is that provincial PIPAs are only applied to regionally regulated industry organizations.

According to the previous requirement, anything not related to federal works, undertakings or organizational operations are not protected by the PIPEDA (Reynolds, Laskin&Eftekharpour, 2018). On the other hand, this privacy protection law also does not help in  protecting any type of social media data that is counted as the personal information of individuals. The third thing is that any computer related frauds and hacking related issues are not protected by the PIPEDA. Apart from these three areas, there are other areas, which are not protected by this regulation. However, these areas are protected by other regulations that are quite efficient in doing their roles.

It has been found out that companies that are issued inlocal regulation currently deemed considerably similar are devoid from the privacy act mentioned above with respect to the gathering, application and release of private data occurring in the respective provinces. As per the observations of Tu (2017), this act endures to apply to the gathering, release and application of individual private data in correlation with the functions of federal work, responsibility or businesses in the specified provinces along with to the collection, release and use of individual information that is outside of the province. Therefore, listing three specific key elements that are required for the provincial privacy regulations is not an easy job. Although, as per several investigations, it could be said that “Alberta’s Personal Information Protection Act”, “Ontario’s Personal Health Information Protection Act” and “Québec’s An Act Respecting the Protection of Personal Information in the Private Sector” along with openness, accuracy and consent of individuals are helpful for achieving this objective effectively.

 


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