No. 33 Electronic Transactions (5) Any person who unlawfully produces, sells, offers to sell, procures for use, designs, adapts for use, distributes or possesses any device, including a computer program, a component or a phone, which is designed primarily to overcome security measures for the protection of data, or performs any of these acts with regard to a password, access code or any other similar kind of data with the intent to unlawfully utilizing such item, commits an offence and shall, upon conviction, be liable to a fine of K2,000,000 and to imprisonment for five years. (6) Any person who utilizes any device or computer program referred to in subsection (5) in order to unlawfully overcome security measures designed to protect such data or access thereto, commits an offence and shall, upon conviction, be liable to a fine of K2,000,000 and to imprisonment for five years. (7) Any person who commits any act described in this section with the intent to interfere with access to an information system so as to constitute a denial, including a partial denial, of service to legitimate users commits an offence and shall be liable, upon conviction, to a fine of K2,000,000 and to imprisonment for five years. (8) Any person who__ (a) communicates, discloses or transmits any data, information, program, access code or command to any person not entitled or authorized to access the data, information, program, code or command; (b) knowingly introduces or spreads a software code that damages a computer, computer system or network; (c) accesses or destroys any files, information, computer system or device without authorisation; or for the purposes of concealing information necessary for an investigation into the commission, or otherwise, of an offence; or (d) damages, deletes, alters suppresses any communication or data without authorisation, commits an offence and shall, upon conviction, be liable to a fine of K2,000,000, and to imprisonment for five years. (9) Any person who knowingly receives data which he is not authorized to receive commits an offence and shall, upon conviction, be liable to a fine of K2,000,000 and to imprisonment for five years. 49

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