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The Cyberbullying Bill Is A Virtual Big Brother in Disguise
Cyber-bullying As for the cyber-bullying provisions, David Fraser does a good job of parsing the legislation, which focuses on creating an offence for: Everyone who knowingly publishes, distributes, transmits, sells, makes available or advertises an intimate image of a person knowing that the person depicted in the image did not give their consent to that conduct, or being reckless as to whether or not that person gave their consent to that conduct, is guilty (a) of an indictable offence and liable to imprisonment for a term of not more than five years; or (b) of an offence punishable on summary conviction. The law also includes the prospect of an Internet ban for offenders, with Section 162.2 allowing a court to prohibit someone convicted under the law from using the Internet or other digital networks. Criminalizing Software Once the cyber-bullying provisions are done, the bill includes a wide range of computer-related provisions and new warrant powers. For example, the Criminal Code will be expanded to cover computer programs (currently limited to devices) that can be used to gain access to telecommunications service without payment or lawful excuse (this would include a cable television service, wifi service, Internet services, or phone service) or cause mischief such as interfering or obstructing lawful use of computer data. The expanded provision may mean that coding such a program or merely downloading it will now be a criminal offence.