The
Bill, which was drafted by the office of the Director of Public
Prosecution and is to be tabled in Parliament, proposes actions for
offence committed in and outside Kenya.
“We need these
laws and once in place we have to sensitise Kenyans so that we can deal
with cybercrime,” Deputy Director of Public Prosecutions Dorcas Oduor
said when opening a forum for stakeholders to discuss the proposed Bill
this week. (READ: There’s urgent need for internet law)
Previously, Kenyans courts were limited in trying offences committed outside the country.
DISCLOSE PASSWORDS
Those
found guilty of committing the offence on a ship or aircraft registered
in Kenya, using a Kenyan domain name or outside the territory of Kenya
will also be prosecuted.
They will either be fined up to Sh2 million, be jailed for three years, or both.
Evidence generated from a computer system will also be admissible in a court of law while prosecuting such a crime.
The
Bill also proposes that a person who causes a computer system to
perform a function, knowing that the access they intend to secure is
unauthorised, commits an offence.
“A person who
intentionally and without lawful excuse or justification, inputs,
alters, delays transmission, deletes, or suppresses computer data,
resulting in inauthentic data with the intent that it be considered or
acted upon for legal purposes as if it were authentic, commits an
offence and is liable upon conviction to a fine not exceeding ten
million or ten years imprisonment or both.”
EMOTIONAL DISTRESS
The
Bill also proposes that a person who sells, lets to hire, distributes,
publicly exhibits through a computer system and puts into circulation,
or for purposes of sale, hire, distribution, public exhibition or
circulation, makes, produces or their possession any obscene book,
pamphlet, paper, drawing, painting, art, representation or figure or any
other obscene object commits an offence.
Those using
computers to threaten, abuse or insulting words or behaviour, displays
publishes or distributes written or electronic material; or
distributes, shows or plays, a recording of visual images will be held
accountable.
The Bill also proposes action on a person
who uses a computer system including electronic communication to harass,
intimidate or cause substantial emotional distress or anxiety to
another person.
These include communicating obscene, vulgar, profane, lewd, lascivious, or indecent language, picture or image.
Courts
will also issue a warrant authorising a police officer or lawful
authority, to enter any premises to access, search and seize the thing
or computer data.
All public or private corporations
processing personal data will be expected to report any security
breaches resulting in theft, loss or misuse of data to the police and
those who will fail will be committing an offence.
Is it worth it?! For others, they need that rush, that adrenaline flow in their blood,so its a fruit that must be eaten-I have one phrase to guide you; that's if you can't stay away from that adrenaline rush: 'Make it hard for them to find you, and impossible for them to prove they've found you' *Winks* Happy Hunting
Depicted from The Daily Nation
Is it worth it?! For others, they need that rush, that adrenaline flow in their blood,so its a fruit that must be eaten-I have one phrase to guide you; that's if you can't stay away from that adrenaline rush: 'Make it hard for them to find you, and impossible for them to prove they've found you' *Winks* Happy Hunting
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