The Challenge of legislating moral and civil wrongs in the cyberspace : a theory for internet regulatory policy

Submitted in partial fulfilment of the requirements of the Bachelor of Laws Degree, Strathmore University Law SchoolThe internet’s meteoric rise has provided vast areas of new opportunity and potential sources of efficiency for organizations of all sizes. It has however, also transformed the behavior of the criminal element within that society. These new opportunities come saddled with unprecedented threats. Ranging from attacks on the system; unauthorized access, denial of service, malware to data breaches; that affect the integrity and confidentiality of data as well as child pornography, hate speech, cyber bullying, theft, fraud etc. This paper’s objective is to come up with a theory for internet regulatory policy. By taking into consideration the unique challenges posed to legislation, the different models of laws and incorporating the merits of various philosophies. This theory is aimed at guiding the creation of effective cyber legislation and guiding any new developments as it is clear that innovations in the cyberspace will always outpace the law-making process. Legal provisions should provide assurance to users, empowerment to law enforcement agencies and deterrence to criminals. If neither of these is achieved then the entire undertaking becomes worthles