43
2018
Computer Misuse and Cybercrimes
"network"
means a collection of hardware
components
and computers interconnected by
communications channels that allow sharing of resources
and information;
"password" means any data by which a computer
service or a computer system is capable of being obtained
or used;
"pornography" includes the representation in books,
magazines, photographs, films, and other media,
telecommunication apparatus of scenes of sexual behaviour
that are erotic or lewd and are designed to arouse sexual
interest";
"premises" includes land, buildings, movable
structures, a physical or virtual space in which data is
maintained, managed, backed up remotely and made
available to users over' a network, vehicles, vessels or
aircraft;
"program" means data representing instructions or
statements that, if executed in a computer system, causes
the computer system to perform a function and reference to
a program includes a reference to a part of a program;
"requested State" means a state being requested to
provide legal assistance under the terms of this Act;
"requesting State" means a state requesting for legal
assistance and may for the purposes of this Act include an
international entity to which Kenya is obligated;
"seize" with respect to a program or data includes to(a) secure a computer system or part of it or a device;
(b) make and retain a digital image or secure a copy of
any program or data, including using an on-site
equipment;
(c) render the computer system inaccessible;
(d) remove data in the accessed computer system; or
(e) obtain output of data from a computer system;
"service provider" means —
(a) a public or private entity that provides to users of
its services the means to communicate by use of a
computer system; and
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