Cybersecurity is one of the grey areas that the law enforcers have failed to implement around the world leading to many people misusing their right and freedom of expression. Many institutions and individuals have fallen victim of cyber bullying when their private information is left available to the general public to view. The rights and freedom of expression have been provided by the International human rights Instruments that bind international states including Kenya, in particular Article 19 of the Universal Declaration of Human Rights (UDHR) and Article 19 of the International Covenant on Civil and Political Rights.
North Korea and China are believed to have the ability to start a cyber war or any cyber related crimes. North Korea has 6,000 trained military hackers and China is believed to have hacked the U.S Government Agency rendering the government vulnerable. China’s parliament has published a draft cybersecurity law that consolidates Beijing’s control over data, with potentially significant consequences for internet service providers and multinational firms doing business in the country.
The Bill will strengthen user privacy protection from hackers and data resellers but simultaneously elevate the government’s powers to access, obtain records and block dissemination of private information deemed illegal under Chinese law. The proposed legislation is a milestone in China’s effort to strengthen its network against threats to the country’s stability. It will also enable the government to better regulate the flow of information in China.
Cybersecurity in China has placed China in a bad position when it came to economic relations with other partner states like the U.S and other nations. Under the draft law, internet service providers must store data collected within China on Chinese territory; data stored overseas for business purposes must be government-approved. Network equipment must also be approved under testing standards issued by China’s cabinet.
In China, users will be required to log in with their real names to services like messaging apps. The parliament said government agencies would issue additional guidelines for network security in critical industries such as telecoms, energy, transport, finance, national defence and military matters, government administration and other sensitive fields reports reuters.
Kenya’s cybersecurity is also weak. In July, 2014 Kenya formulated the first draft of the Cybercrime and Computer related Crimes Bill. The Bill was an initiative of the Office of the Director of Public Prosecution. The Bill seeks to equip law enforcement agencies with the necessary legal and forensic tools to tackle cybercrime which is said to have cost nearly KES 2 billion to the Kenyan economy in 2013.