electronic mail messages, with the intent to deceive or mislead users, or
any electronic mail or internet service provider, as to the origin of such
messages; or
(c) materially falsify header information in multiple electronic mail
messages and initiate the transmission of such messages.
(3)
A person who contravenes subsection (1) or (2) commits an offence and is
liable on summary conviction to a fine not exceeding two hundred thousand
dollars or to a term of imprisonment not exceeding three years or to both.
Unauthorized access to code
18. (1)
A person shall not knowingly or without lawful excuse or
justification disclose or obtain a password, an access code or any other means
of gaining access to an electronic system or data for wrongful gain or to inflict
loss to a person or for any unlawful purpose.
(2)
A person who contravenes subsection (1) commits an offence and is
liable on summary conviction to a fine not exceeding two hundred thousand
dollars or to a term of imprisonment not exceeding three years or to both.
PART III
INVESTIGATIONS AND PROCEDURES
Preservation order
19. (1) Upon evidence sworn to by a police officer of the rank of Inspector, or
above an application may be made to a Judge in Chambers for an order for the
expeditious preservation of data that has been stored or processed by means of
an electronic system, where there are reasonable grounds to believe that the
data is vulnerable to loss or modification and where such data is required for
the purposes of a criminal investigation or the prosecution of an offence.
(2)
For the purposes of subsection (1), data includes traffic data and
subscriber information.
(3)
An order made under subsection (1) remains in force–
(a) for a period of thirty days;
(b) where prosecution is instituted, until the final determination of
the case; or
(c) until such time as the Judge in Chambers determines
necessary.
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