48 7.3.3 Most governments find that a combination of approaches will be necessary to effectively combat cyber-crime. The provisions in modern penal legislation generally provide sufficient safeguards against traditional crimes, such as theft or fraud, committed with the aid of a computer. While the e-legislation initiative may provide an opportunity to update certain provisions in the Penal Code, it is likely that the theft and fraud provisions are adequate. Computers and electronic communication, however, present particular problems with respect to investigation and the gathering of evidence, especially in an era of rapidly changing technology. Traditional investigative techniques relied heavily on paper documents and pre-digital telecommunication. These issues will be discussed in further detail below with respect to “lawful access.” 7.3.4 Traditional criminal law concepts (including underlying concepts of “property” and “value”) may need adjustments, however. The law may not recognise that a particular configuration or arrangement of electromagnetic impulses is corporeal and capable of being destroyed. In fact, it may have considerable value that is not recognised simply by recognising the lost value of a computer that has been destroyed or tampered with. It may be necessary to amend legislation to recognise the value of data. For example, the Canadian Criminal Code45 was amended in 1985 to create an offence of mischief in relation to data where a person wilfully and without colour of right or lawful excuse alters or destroys data or renders it useless, meaningless or ineffective or interferes with its lawful use or access. The provision also covers the alteration of data or “denial of service,” where the objective is to disable a target system rather than necessarily gain access to it. Such a legislative provision probably could also be used to deal with the introduction of a virus into a system or network, but more explicit legislation may be desirable. The federal Computer Fraud and Abuse Act 46in the United States protects computers that “facilitate interstate and international commerce and communications.”47 For example, it is a crime to access a computer without or in excess of authority to obtain financial information from a financial institution or any information in the possession of the government. Similarly, the Act creates a crime to knowingly cause the transmission of a computer program, information, 45 R S.C. 1985, c. C-46, as amended, s. 430. Part of the importance of this provision hinges on the statutory definition of “property” in the provisions dealing with crimes against property. 46 18 U.S.C. ss. 1030. 47 Because of constitutional limitations, much of the American cyber-crime legislation is found at the state level; see, Susan W. Brenner, “State Cybercrime Legislation in the United States of America: A Survey,” (2001) VII Richmond Journal of Law and Technology 28 at www.richmond.edu/jolt/v7i3/article2.html