In the Criminal Code, legislation exists designed to address unauthorized access to online accounts like Netflix and HBO. This is specified in Section 342.1 of the Criminal Code. This section states that everyone who, fraudulently and without any legitimate claim, obtains, either directly or indirectly, any computer service can be subject to criminal charges.
Additionally, anyone who uses, possesses, involves themselves in the distribution of, or allows another person to have access to a computer password that would enable a person to commit an offence under the previously mentioned conditions is also implicated. It follows then, that anyone who shares their password and also anyone who uses the shared password could potentially face a criminal offence charge for unauthorized use of a computer.
Section 342.1 of the Criminal Code deals with the unauthorized use of computers. The language of the statute reveals that anyone found guilty of fraudulent conduct without any rightful claim can face a potential indictment.
The conducts specifically outlined include obtaining any computer service directly or indirectly, interacting with any function of a computer system using an electromagnetic, acoustic, mechanical or other device, using a computer system with intent to commit an offence under the first two conditions or any condition under section 430 in relation to computer data or a computer system, and using, possessing, distributing, or permitting another person to have access to a computer password that would enable a person to commit an offence under the first three conditions.
To further understand the specifics, this section provides definitions for the terms used. For instance, 'computer data' refers to representations, like signs, signals or symbols, that can be processed in a computer system. A 'computer password' is any computer data which allows one to gain access to a computer service or computer system.
Similarly, a 'computer program' is computer data representing instructions or statements that instruct a computer system to perform a function. The phrase 'computer service' includes data processing and the storage or retrieval of computer data. And 'computer system', can refer to a device or a group of interconnected or related devices one or more of which contains computer programs or other computer data and can perform logic or control, or potentially any other function using computer programs.
Moreover, the term 'function' includes logic, control, arithmetic, deletion, storage and retrieval and communication or telecommunication to, from, or within a computer system, and 'intercept' means to listen to or record a function of a computer system, or acquire the substance, meaning, or purport thereof. 'Traffic', with respect to a computer password, can mean to sell, export from or import into Canada, distribute or deal with in any other way.
However, although technically sharing someone's Netflix password could make someone liable to criminal charges under section 342.1, this provision has commonly been reserved for more serious hacking cases or security breaches. So far, no one has ever been charged under this section for sharing their Netflix password.
The Crown, which decides whether or not to pursue a case against an accused based on public interest, would likely not use its resources to bring about criminal charges in this kind of low-level case.
Despite Netflix stating that access to its service is "non-transferable" and that the "Account Owner should not reveal the password to anyone," it has not commented on whether or not criminal charges are an appropriate action against violators.
HBO also stated it won't pursue customers who share their passwords for their streaming service, HBO GO. Even though this criminal copyright provision exists in the Criminal Code, it is not widely used and is highly unlikely that it would ever be utilized in this context.
If you have been charged with a criminal offence, it's suggested to contact Kostman and Pyzer, Barristers, for legal advice.
