Discussion: Shaping Kenya’s Cybersecurity Ecosystem

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?
2. Do you believe the CMCA adequately protects the rights of individuals
in the digital space?
3. Have there been any unintended consequences of the CMCA on businesses
or individuals?
4. How has the CMCA affected the digital economy in Kenya?

*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?
2. Does the Act create an environment conducive to technological
advancement or are there any provisions that stifle innovation?
3. 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).
4. How can the legal framework provided by the CMCA be enhanced to
regulate the use of emerging technologies, while protecting individual
digital rights?

*Section 7: General Questions.*

1. Are there any legal uncertainties or ambiguities in the Act that
hinder its effectiveness?
2. What are the capacity-building needs of law enforcement and the
judiciary in addressing cybercrimes related to emerging technologies?
3. Is the country’s cybersecurity infrastructure sufficiently robust to
address the challenges posed by emerging technologies?
4. Any other relevant comment that you may wish to include as regards
the CMCA?