Introducing the "Black Pearl Bill", this Bill aims to modernize Canada's legal framework by explicitly defining and interconnecting cybercrime, cyber-privateering, and cyber-terrorism, with a specific emphasis on cryptocurrency-related financial crimes.
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Current Legal Landscape vs Cybercrime
Canada's Criminal Code addresses unauthorized computer use under Section 342.1, which criminalizes actions such as fraudulently obtaining computer services, intercepting computer functions, and using computer systems with intent to commit offenses.
Justice Laws Website: Criminal Code
Additionally, the Canadian Government attempted to Protect Canadians with the Online Crime Act (S.C. 2014, c. 31) introduced measures against cyberbullying and unauthorized distribution of intimate images, enhancing the legal tools to combat online criminal activities.
Justice Laws Website: Protecting Canadians from Online Crime Act
However, the reality of Cybercrime is much deeper and requires a complete overhaul of the Criminal Code as we are now fully into the Digital Age. With everything being online, you would hope that the Police would have a vast network of tools, informants, training and laws to back them up.
Sadly, this is not the case!
Don't take our word for it - Look at the statistics below!
The Canadian Anti-Fraud Centre (CAFC) reported the following statistics for 2023:
Number of reports: 63,789
Number of victims: 42,226
Total losses: $577 million
Top types of fraud: Identity fraud, service fraud, and phishing
Top frauds with the highest financial impact: Investment scams, spear phishing, and romance scams
Recovery scams: More than doubled to over $1.6 million in losses
Crypto investment fraud: Estimated to be more than 50% of the $309 million in reported investment fraud loss
The CAFC is a central repository for data, intelligence, and resource material related to fraud. It's jointly managed by the: RCMP, Competition Bureau, and Ontario Provincial Police.
The CAFC estimates that only 5-10% of victims report instances of fraud.
These statistics are UNACCEPTABLE
What should we do? Support Change - The Black Pearl Bill
Why did we call it the Black Pearl Bill?
The "Black Pearl," famously known as a swift and powerful pirate ship, symbolizes the blurred lines between legality and lawlessness during the age of maritime privateering. A privateer, historically defined as a privately-owned ship or its crew authorized by a government to attack and capture enemy vessels during wartime, operated in a gray area where profit and patriotism intersected. Similarly, in today’s digital age, privateering has evolved into cyber-privateering, where individuals or groups, often state-sanctioned, exploit computer networks for strategic or financial gain. Unlike terrorism, which is driven by ideological motives to incite fear and disrupt societies, privateering—both maritime and cyber—has a profit-driven or state-aligned focus, making it a tool of economic warfare rather than ideological extremism. The evolution from wooden ships to digital networks reflects the enduring challenge of distinguishing legitimate authority from rogue exploitation in both physical and virtual realms.
Proposed Enhancements with the "Black Pearl Bill"
Defining Cyber-Privateering: Introduce legal definitions and penalties for individuals or entities engaging in cyber-privateering—state-sanctioned cyber activities targeting foreign entities or civilians for financial or strategic gain.
Should a Cyber-Privateering Charge be issued by a Law Enforcement officer against a Cybercriminal, the Officer must contact Authorities within the identified Cybercriminals native region. The Country to which the charge has been laid has the following:
Acknowledge the Crime and allow charges to be laid with an arrest warrant.
Refuse that the crime took place to protect a national, at this time the Government to which the Cybercriminal Belongs would be by action allowing the Criminal activity to continue - Proving Cyber-Privateering and or Cyber-Terrorism took place.
Criminal Code - Terrorism Defined - Criminal Code (R.S.C., 1985, c. C-46) In Canada, section 83.01 of the Criminal Code[1] defines terrorism as an act committed "in whole or in part for a political, religious or ideological purpose, objective or cause" with the intention of intimidating the public "
Should the Country to which the Cybercriminal Reside Refuse to bring the Cybercriminal / Group / Organization to justice, The officer should:
Contact OFAC - Office of Foreign Assets and Control to apply for Sanctions
Contact Local Securities Commission to apply for Sanctions
Contact Credit Service providers and notify them of Criminal Acceptance and ie: Cyber-Privateering / Cyber-Terrorism action.
Contact Federal Law Enforcement - Notify them of Political acts of Cyber-Privateering and Political connections to the crime in question.
Addressing Cyber-Terrorism: Expand existing anti-terrorism laws to explicitly include cyber-terrorism, defining it as: the use of cyber means to intimidate or coerce a government or civilian population to further political or ideological objectives.
Integrating Cryptocurrency Regulations: Amend the Criminal Code to include offenses related to the misuse of cryptocurrencies in cybercrime, cyber-privateering, and cyber-terrorism, ensuring that financial crimes involving digital assets are prosecutable.
Should the Cybercrime be proven by a Verified and Accredited Source of Investigation - The officer handling the case should immediately contact the Cryptocurrency Exchange to which the Stolen assets were transferred and request a "Freeze" be placed on the account.
Press Charges based on - Cyber-Privateering / Cyber-Terrorism / Terrorist Financing "Seize"
OFAC - Notify OFAC within 10 days of the Freeze Request and issue an assistance request in returning the stolen asset / cryptocurrency to the Country in request. "Return"
Establishing Interconnected Offenses: Create provisions that recognize the interconnected nature of these cyber offenses, allowing for cumulative charges and enhanced penalties when individuals or groups engage in multiple forms of cyber misconduct.
Rationale for the Bill
The increasing sophistication of cyber threats necessitates a comprehensive legal approach. By clearly defining and linking these offenses, the "Black Pearl Bill" seeks to:
Enhance Legal Clarity: Provide clear definitions to aid law enforcement and judicial bodies in identifying and prosecuting cyber offenses.
Strengthen Deterrence: Implement stringent penalties to deter individuals and groups from engaging in cyber-privateering and cyber-terrorism.
Address Emerging Threats: Acknowledge and mitigate the role of cryptocurrencies in facilitating anonymous financial transactions linked to cybercrime.
Promote International Cooperation: Align Canada's legal framework with international standards, facilitating cross-border collaboration in combating cyber threats.
Conclusion
The "Black Pearl Bill" represents a proactive step towards fortifying Canada's cybersecurity defenses by updating and expanding legal definitions and penalties related to cybercrime, cyber-privateering, and cyber-terrorism, with a keen focus on the financial mechanisms that enable these activities.
Canada's Cybercrime Enforcement Challenges Highlighted
Reuters
Canada does not have the tools to fight cyber crime, says watchdog
219 days ago
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SPECIAL NOTE -
We wanted to express our sincere thanks to those working with the Alberta Catalyzer Program through Edmonton Unlimited. Without their continued support we would never have gotten this far. We can't say enough good things about those amazing people. Special thanks to : Nate Glubish / Lan Tan / Matt / Colin . You have truly made the world a better place each day!.
Your Contribution Makes a Difference
Every donation, large or small, directly impacts our ability to provide essential services and advocate for meaningful change. With your support, we can:
Expand outreach programs to vulnerable communities.
Fund educational campaigns about online exploitation.
Support legislative efforts like the Online Harms Act.
Provide specialized counseling services for victims.
Support initiatives to combat cryptocurrency misuse in exploitation networks.
How You Can Help:
Together, We Can Create Safer Digital Spaces By standing with Cybercrime Victim Services, you are not only helping victims—you are actively working to prevent future exploitation. Every voice, every dollar, and every action counts.
To donate or learn more about our mission, visit our website or contact us directly.
Together, we can protect our children, support survivors, and hold perpetrators accountable.
SIGN OUR PETITION:
DONATIONS ARE NEEDED TO CONTINUE: