Dear David, 


This is a timely and interesting discussion. My responses are as follows;


1.       Do you believe that legal actions taken under the CMCA have been effective in deterring computer misuse and cybercrimes?  To some extent  

If not then why do you think they have been ineffective?

Some of the challenges include limited resources due to the nature of the cases, lack of awareness on the legal actions available under the CMCA, proper recruitment of technical expertise and slow judicial processes have hindered its full effectiveness. Additionally, the ever-evolving nature  of cyber threats often outpaces legislative frameworks, making it difficult to address new forms of cybercrimes.

 

2.       In your opinion are the penalties prescribed by the CMCA sufficient to deter cybercriminals? If not then which sections do you think need higher penalties, and what penalties would you propose in such an instance?

These penalties may not be sufficient, especially for offenses like cyber espionage, cyber terrorism, and large-scale financial fraud. Increasing penalties for these offenses could enhance deterrence. For example; enhancing penalties for cyber terrorism (Section 33) and cyber espionage (Section 21) to include longer imprisonment terms and higher fines could be considered.


Kind regards,

Linda Gichohi.


On Tue, 13 Aug 2024 at 23:55, David Indeje via KICTANet <kictanet@lists.kictanet.or.ke> wrote:

Our Day 2  discussion on the Computer Misuse and Cybercrimes Act (CMCA) will focus on: 


Section 3: Effectiveness of Legal Actions Pursuant to the CMCA.

  1. Do you believe that legal actions taken under the CMCA have been effective in deterring computer misuse and cybercrimes? If not then why do you think they have been ineffective?
  2. In your opinion are the penalties prescribed by the CMCA sufficient to deter cybercriminals? If not then which sections do you think need higher penalties, and what penalties would you propose in such an instance?
  3. Are there instances of misuse of the CMCA for political purposes or to target specific individuals or groups?
  4. How has the public perception of the CMCA and its enforcement impacted the effectiveness of legal actions under the CMCA?

Section 4: Effectiveness of Safeguards Under the CMCA.

  1. Are the safeguards in place to prevent abuse of the CMCA, such as those related to surveillance, search, and censorship, adequate? If not then what can be done to enhance them?
  2. How can these safeguards be strengthened to protect individual rights and freedoms?
  3. Have there been instances of abuse of the CMCA that have come to your attention?
  4. What mechanisms are in place to hold accountable those who misuse the CMCA?



--
Kind Regards,

David Indeje

@KICTANet Communications 
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