Cybercrime, Privacy Laws, and Tort Law: Key Concepts for Students

Cybercrime

Encompass a range of illegal activities targeting computer systems, networks, and data, often exploiting vulnerabilities like weak passwords or unsecured networks.

Hackers

Gain unauthorized access out of curiosity; systems may be held for ransom.

Crackers

Break in to cause damage or commit crimes, like the Marriott data breach.

Hacktivists

Deface sites for political or ideological reasons.

Malware

Includes viruses (disrupt software), worms (target networks), Trojan horses (hidden damaging code), logic/time bombs (triggered by events/dates).

Spyware

Hidden in freeware; tracks credit cards, SIN, or behavior.

Spam

Junk email (90% of internet mail); countered by CAPTCHA (images computers can't read).

Phishing/Spoofing

Fake messages/sites tricking users (e.g., eBay clones); involves botnets (infected PC networks).

Identity theft

Uses stolen info for fraud.

Cybersquatting

Registers similar domains for resale (e.g., Footloose variants).

Cyber harassment/bullying

Spreads threats or obscene content (e.g., Amanda Todd case).

Cyberwar/terrorism

Disrupts national systems for military/political goals; examples include Gulf War hacks and election site attacks.

Security plan

5 steps—risk analysis, policies (backup/disaster recovery), implementation (firewalls/encryption), training, auditing (penetration tests).

Tort

Is a conduct that causes injury to other people. This will result in the other person to sue you for damages and compensation.

Intentional tort

Wrongful conduct that causes damages.

Unintentional tort

Careless conduct that causes damages.

CCD

Conduct that Cause Damages. Someone can sue you if they can prove CCD.

Assault

Threats that cause damages unless consented or informed.

Battery

Intentional and unlawful physical contact with another person unless self defense.

False Imprisonment

Unlawful restraint unless unauthorized.

Trespass

Intentional and unauthorized entry or interference of a person's property unless appropriate consent or accident.

Nuisance

Unreasonable interference with a person's use or enjoyment of their land or property unless no knowledge or reasonable.

Defamation

Wrongful act involving making false statements about someone that harms their reputation unless truthful or privileged.

Absolute privilege

Testify in court or before hearing your testimony is false or untrue. Can be fined by a judge for lying under oath. Cannot be sued for defamation.

Qualified Privilege

Report alleged criminal activity. Reported individuals cannot sue you for reporting alleged.

Fair Comment

Protects opinions on matters of public interest, provided the opinion is based on true facts, is recognizable as comment, is honestly held, and is not made with malice.

Negligence

1 — 4 must be proved for defence: A. A duty of care, B. Breach of duty, C. Causation, D. Damage: Plaintiff must prove.

Privacy

Control over personal information. It is not a natural right, but it is a prudential right (beneficial to all).

Privacy law

Protect individuals from misuse of data, ensure transparency and accountability, and prevent identity theft and discrimination.

PIPEDA

Organizations need to collect personal info about you for their legitimate business purpose. It is federal.

Digital privacy act (DPA)

Improve privacy protections and simplify rules for business. Businesses must report data breaches that pose a serious risk of harm to the privacy commissioner.

Personal Information Protection Act (PIPA)

Applies to private-sector organizations within the province. It is similar to PIPEDA but locally enforced.

Freedom of Information and Protection of Privacy Act (FIPPA)

Applies to public bodies in BC that allows individuals to request access to information e.g., school boards, ministries, universities.