The advent of the internet is one of the greatest invention of the 21st century, presenting a greater and seamless way to share and receive information.
Despite its great milestone which has made the world a global village, the technology has been infiltrated by criminals, necessitating the development of laws to regulate the space.
Here’s each crime explained according to the Computer Misuse and Cybercrimes Act;
Cyber espionage
Cyber espionage entails gaining access or intercepting to critical data, a critical database or a national critical information infrastructure with the intention to directly or indirectly benefit a foreign state against the Republic of Kenya.
Such a person is liable, on conviction, to imprisonment for a period not exceeding 20 years or to a fine not exceeding Ksh10 million or to both.
If such an offense causes death, the person could be imprisoned for life.
False publications
Publication of false information
The law stipulates that person who knowingly publishes information that is false in print, broadcast, data or over a computer system, that is calculated or results in panic, chaos, or violence among citizens of the Republic, or which is likely to discredit the reputation of any person commits an offence and shall on conviction, be liable to a fine not exceeding Ksh5 million or to imprisonment for a term not exceeding 10 years, or to both.
Cyber harassment
Cybersquatting
Cybersquatting involves taking or using of a name, business name, trademark, domain name or other word or phrase registered, owned or in use by another person on the internet or any other computer network, without authority or right.
Phishing
Phishing entailing operating or creating a website or sending a message through a computer system with the intention to induce the user of a website or the recipient of the message to disclose personal information for an unlawful purpose or to gain unauthorized access to a computer system
Intentionally withholding message delivered erroneously
A person who intentionally hides or detains any electronic mail, message, electronic payment, credit and debit card which was found by the person or delivered to the person in error and which ought to be delivered to another person, commits an offence and is liable on conviction a fine not exceeding Ksh200,000 or imprisonment for a term not exceeding two years or to both.
Unlawful destruction of electronic messages
A person who unlawfully destroys or aborts any electronic mail or processes through which money or information is being conveyed commits an offence and is liable on conviction to a fine not exceeding Ksh200,000 or imprisonment for a term not exceeding two years, or to both.
Wrongful distribution of obscene or intimate images
A person who transfers, publishes, or disseminates, including making a digital depiction available for distribution or downloading through a telecommunications network or though any other means of transferring data to a computer, the intimate or obscene image of another person commits an offence and is liable, on conviction to a fine not exceeding Ksh200,000 or imprisonment for a term not exceeding two years, or to both.
Issuance of false e-instructions
A person authorized to use a computer or other electronic devices for financial transactions including posting of debit and credit transactions, issuance of electronic instructions as they relate to sending of electronic debit and credit messages or confirmation of electronic fund transfer, issues false electronic instructions, commits an offence and is liable, on conviction, a fine not exceeding two hundred thousand shillings or imprisonment for a term not exceeding two years, or to both.
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