Discussion: Shaping Kenya’s Cybersecurity Ecosystem

Thanks for your insights on the CMCA however, there is one I respectfully
disagree with and that’s the one pertaining to incorporating emerging
technologies in the CMCA.

On this I believe we must adopt a forward-looking approach to effectively
counter the rapidly evolving threat landscape. Waiting for technologies to
mature before incorporating them into the legal framework is
counterproductive as this will create a persistent legislative lag.

Instead, legislation should employ broad, adaptable definitions to
encompass “*emerging technologies”*, such as *”any technology capable of
storing, processing, transmitting, or manipulating data or information.”*

We can also define a *”computer system”** to include “any device or network
capable of storing, processing, or transmitting data” *as this will provide
a flexible foundation to address novel technologies as they emerge.

In my opinion this flexible approach will empower law enforcement, lawyers
and the judiciary to adapt to future technological advancements without
requiring constant legislative updates, ensuring the law remains relevant
and effective in countering emerging cyber threats.

Stay happy,

Mutheu.

On Thu, Aug 15, 2024 at 11:42 AM Barrack Otieno via KICTANet <
[email protected]> wrote:

> Dear David,
>
> My responses inline:
>
> On Thu, Aug 15, 2024 at 8:41 AM David Indeje via KICTANet <
> [email protected]> wrote:
>
>> Dear Listers,
>>
>> *Day 3:*
>>
>>
>> The CMCA has profound implications for businesses, individuals, and the
>> digital economy in Kenya. Its effectiveness in balancing innovation with
>> cybersecurity, addressing emerging technologies, and protecting individual
>> rights is a subject of ongoing debate. Today, we encourage discussion on
>> the challenges and opportunities presented by the CMCA and explore
>> potential solutions to enhance its effectiveness in shaping a secure and
>> vibrant digital future for Kenya.
>>
>>
>> *Section 5: Impact on Businesses and Individuals.*
>>
>> 1. How has the CMCA impacted businesses in Kenya in terms of
>> cybersecurity practices and investments?
>>
>> *BO: CMCA has created more awareness on the rights and responsibilities
> of various actors (Companies and Individuals as they use Computers and
> Digital devices)*
>
>>
>> 1. Do you believe the CMCA adequately protects the rights of
>> individuals in the digital space?
>>
>> BO: CMCA is a good start, we can always improve on it.
>
>>
>> 1. Have there been any unintended consequences of the CMCA on
>> businesses or individuals?
>>
>> BO: Definitely. We have had a number of unsuccessful cases due to nascent
> Jurisprudence in the subsector, i beleive we have an opportunity to close
> the gaps through discussions such as these. I also see an opportunity for
> more Capacity building at the Kenya School of Internet Governance.
>
>>
>> 1. How has the CMCA affected the digital economy in Kenya?
>>
>> BO: It has contributed to reducing the trust deficit. I beleive there is
> more awareness about Consequences of misusing dogital devices which
> encourages more citizens to have confidence in the digital space.
>
>> *Section 6: An analysis of the effectiveness of the CMCA to embrace
>> emerging technologies and the cyberthreats they pose therein.*
>>
>> 1. How does the CMCA balance the need for innovation with
>> cybersecurity?
>>
>> BO: Evolution of technology will always outpace policy developement,
> consistent conversations among stakeholders contribute to the evolution of
> the CMCA and more awareness of actors not limited to the Judiciary about
> their roles and responsibilities.
>
>>
>> 1. Does the Act create an environment conducive to technological
>> advancement or are there any provisions that stifle innovation?
>>
>> BO: Nothing has come to my attention that shows that the act interferes
> with innovation, it has actually been a catalyst. People are now aware of
> of Virtual Private Networks and other ways of masking their identity.
>
>>
>> 1. How well does the CMCA address emerging technologies such as
>> artificial intelligence, blockchain, Internet of Things (IoT), quantum
>> computing and cryptocurrency? What can be done to enhance its ability to
>> address these lacunas (if any).
>>
>> BO: CMCA was developed when some of these technologies were at nascent
> stages. That said, I think there is room to improve it once we reach a
> level of maturity in using the mergent technologies. Otherwise some of them
> might be replaced by better ideas.
>
>>
>> 1. How can the legal framework provided by the CMCA be enhanced to
>> regulate the use of emerging technologies, while protecting
>> individual digital rights?
>>
>> BO: The legal framework can be enhanced by subjecting it to
> multistakeholder discussions such as these.
>
>> *Section 7: General Questions.*
>>
>> 1. Are there any legal uncertainties or ambiguities in the Act that
>> hinder its effectiveness?
>>
>> BO: The fact that very few cases have been prosecuted in a successful
> manner indicates that there are still gaps that need to be addressed.
>
>>
>> 1. What are the capacity-building needs of law enforcement and the
>> judiciary in addressing cybercrimes related to emerging technologies?
>>
>> BO: They need more awareness on Internet Governance. More specifically
> the Legal Basket as described by Diplo Foundation
>
>>
>> 1. Is the country’s cybersecurity infrastructure sufficiently robust
>> to address the challenges posed by emerging technologies?
>>
>> BO: Cyber Security requires an ecosystem approach. I beleive the
> Infrastructure is Robust. We need to focus more on people and securing
> processes.
>
>>
>> 1. Any other relevant comment that you may wish to include as regards
>> the CMCA?
>>
>>
>>
>>
>>
>> —
>> *Kind Regards,*
>>
>> *David Indeje*
>>
>> *@**KICTANet* <www.kictanet.or.ke/>
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