[kictanet] Digital Saba Saba Wish List: Day 3 of 4
John Walubengo
jwalu at yahoo.com
Wed Jul 11 17:19:58 EAT 2007
Oops!,
Just realised day 3 should be closing down in Nairobi and I
intended to share some more stuff from the archive. Below
were some of the discussions on the IT component. Hope Alex
u will take note and pick what is relevant for presentation
in the upcoming meeting.
walu.
~~~~~begins~~~~
In the information technology, these are some of the issues
that the members felt need attention with lack of clearance
or generalisation standing out.
Clause 47:
Licence for Country Code Top-Level Domain Registrars and
Registries
Comment by Walu on this clause(47):
This clause seems to move the control and administration of
the .KE domain. Currently, the .KE domain is being managed
by some PPP (Public Private Partnership) and it remains to
be seen if moving this under Govt Control would be
value-adding.It would be nice to hear experiences on how
the country domain is managed outside Kenya.
Ken Chelimo responded with: The management of the domain
name should not be put under the government but instead
have a representative of ICANN do it. I would suggest
KENIC. This will create flexibility and having internet
governance in the country put in the hands of private
stakeholders.
On the same matter, Harris Macharia said:
Licence for Country Code Top-Level Domain Registrars and
Registries: There should be a clause outlawing
Cyber-squatting. Those registering domains on speculative
basis should be discouraged.
Clause 60.
IT: Secure Electronic Record + Digital Certificates
Querry by Okite on clause 60:
should there be a recomendation for a,financial
institution,that meets particular qualifications take
charge of e-business transactions?
Walu responded/suggested,with:
Actually this is an interesting query. In an eCommerce
environment (current practice) one would need to make
provision for the following three players.
-the Controller of (digital) Certificate Service
Providers(Authorities)
-the (digital) Certificate Service Providers
-the (digital) Certificate Subscribers
There seems to be just a mention and not a detailed
provision for the Institution and expected behaviour of
Certificate Authorities, Service Providers and Subscribers.
Clause 62.
Tampering with Computer Source Documents
Okite wondered:
how about data, software(Pirated/copyrighted )? should it
be added and what should be the penalty?
Walu responded with:
Software piracy is currently handled by the Judiciary under
the Copyright Laws that were largely designed to cater for
physical items e.g Books, Music Tapes, Video Tapes, etc.
The lawyers (Innovative?) may have suggestions on how to
improve/fashion this Copyright Law for the IT environment.
Academia:/IT elearning cirriculumn standards;
Okite suggested: that KIE should be able to set/regulate
this,even as far localising the content.
Walu suggested/responded:
KIE (Kenya Institute of Education) seems to be focused on
Primary and secondary level of education. And indeed they
have managed to come up with a curriculum for secondary
schools though it is scarcely examined due to the fact that
few (rich) schools can afford to equip and teach the
course.
The problem we have in Kenya is the post-high school , IT
professional qualification/regulation. Wheareas, the
Lawyers, the Engineers, the Doctors, the Accountants, have
a fairly rigorous and strict mechanism for establishing who
is and who is NOT an ICT expert/practitioner, in Kenya just
about anyone and everyone can claim to be an expert and
start offering ICT Consultancy services.
I really do not know whether strict regulation would be
good or bad for the industry. This is because quite some
ICT innovations have been delivered by those who did not
formally complete certain academic/professional
requirements (Bill Gates ofcourse being the best/worst?
example) and the problem with clamping down on ICT
Practitioners who lack certain formal qualifications maybe
detrimental. On the other hand, being too liberal means
that quite a number of customers/consumers stand to lose
(be conned) before they finally get to be serviced by the
‘correct’ or ‘qualified’ professional. Various regulatory
mechanism floated included strengthening (in law) the role
of the Computer Society of Kenya, expanding the Mandate of
KASNEB the reputable Kenyan Accounting Examination Body to
include ICT Exams, etc.
Myra had this to say on this matter:
Even if KIE need to plan for computer training, the bill
should set the directives. Also KIE prepare syllabus for
secondary and primary school. At this point, we need to
build those already in the workforce and higher education
institutions.
Clauses 56,57
.etc.LAW:
Okite queried or needed a clearance on the mention of
Where the law/where any law?? does it mean, present in the
Law of Kenya or some LAW, yet, to be put in-place?
Clause 49.
Retention of Electronic Records
Harris queried :
When and under what circumstances should the government
complel an organisation to disclose data it knows about
it’s clients e.g the log in IP address my search patterns
and my chain of used passwords. Also what data should the
companies keep about me especially if am using their
services?
Clause 50.
Retention of information in original form
Harris queried:
Are there penalties for people who alter original
electronic documents for their own reasons so as to
misrepresent facts or use the same in fradulent activities.
Clause 55.
Secure Electronic Record
Query from Kamuri:
If I as a user of a website went and submitted my credit
card information to a company and then the staff or
employees in the company stole the credit card details and
used the same for fraud then should the company be liable
to pay back for the fradulent claims.Who is liable and to
what extent should the company be liable.
clause 58
Protected Systems
Contentious issue that arose on the chat,by
Nnenna:”Protection of
government systems and networks are better guaranteed by
using FOSS”? What’s your take?
Okite responded by saying:
at this point we are working with “what we would like to
see
happen”, which software to be used would come in ,at the
implementation level. But I would like to do without clause
66,and add it under clause 58 and make it (3)
Clause 61.
Electronic Kenya Gazette
Comment:
this is an issue that came up in the chat, whether the
Kenya gazette should be localised, eg Rules, regulations
... etc that go on the electronic Gazette are better off
accompanied by a translation... Local languages..,what’s ur
take?
On the same matter, Kenya gazette, Myra had this query:
Electronic Kenya GazetteIs is there a section that
establishes and recognises the Electronic Kenya Gazette?
Another query by Okite on the Kenya gazette:
Does this law exist? If it does, Can anyone who knows where
it is, lead/direct us there and we see how we can fit in
localisation?
Clause 63.
Hacking into Computer system
it was felt the definition of a hacker was inappropriate by
Ikua having this comment: I think the definition given here
is inapproppriate. Any self respecting programmer will be
offended to see the term hacker referring to a cracker. The
guy who gains unauthorised access into a network may be
considered a hacker. But a hacker can also be a programmer,
with nothing but good intentions. So in my view this
definition should not be used to mean a hacker, rather a
cracker, or some other term. Also, where does this leave
ethical hacking?
Okite: In computer programming, a hacker is a programmer
who hacks or reaches a goal by employing a series of
modifications to exploit or extend existing code or
resources, In computer security, a hacker is a person who
specializes in work with the security mechanisms for
computer and network systems, deepending on who is being
addressed,it brings out a different definition: I would
like to change it to “unauthorised access to computer
system”
As a result (of the above) Okite suggested a re-write of
the clause as follows:
63 (1) Whoever with the intent to cause or knowing that
he is likely to cause loss or damage to the public or any
person destroys or deletes or alters any information in a
computer resource or diminishes its value or utility or
affects it injuriously by any means, commits an offense.
(2) A person who accesses a system without authorization
commits an offence and shall be liable on conviction to a
fine not exceeding three hundred thousand shillings or
imprisonment for a term not exceeding three years, or to
both.
Okite felt that the draft needed an added clause with the
following as a sample:
Appointment of experts
I think this is crucial and it is nowhere in our draft,
sample of the phrase: 1) The Commission may appoint as
many experts as may be necessary,including experts from
other countries, with a view to assisting the Commision in
the performance of its functions and to achieve this
vision.
2) The terms, conditions, remuneration and allowances
applicable in respect of any expert by virtue of his or her
appointment in terms of subsection (1), and the work to be
performed or services to be rendered by virtue of such
appointment, shall be determined in a written agreement
entered into for that purpose between the Commission and
the expert concerned.
~~~ends~~~
--- judy okite <judyokite at yahoo.com> wrote:
> Thnx Alex,
> 2.6 UNIVERSAL ACCESS
> c) Creating incentives for service providers to deploy
> services in rural and under-served areas;
>
> I wish it would read like this:
>
> Provide incentives, such as tax relief and reduced
> regulatory fees for operators
> and service providers engaged in public access
> projects, including rollout and
> provision of ICT services in underserved areas
>
> Kind Regards,
>
>
> Alex Gakuru <alex.gakuru at yahoo.com> wrote: Dear Judy,
>
> In the absence of the Kenya Gazette Notice No: 2431
> (Vol CVIII No.24 Dated 31 march March, 2006) from the
> ministry website, I've scanned my hard copy and
> attached.
>
> On Monday, 04 June 2007, Rebecca posted the ICT Bill
> presently before parliament.
>
> Also attached is the 2006 draft ICT Bill we wrote
> about
> com_content&task=view&id=19557&Itemid=93〈=en_GB>
>
> Comparing pre- and after AG drafts informs well on
> discrepancies (and any inconsistencies regarding ICT
> Policy implementation)
>
> In case this becomes an overload, just tell us your
> wishes and we shall check if they are taken care of
> else we ask for them next Monday.
>
> Regards,
>
> Alex
>
>
>
>
>
>
>
> --- Judy Okite wrote:
>
> > Alex,could pls give us a guideline or better post
> > the ICT(to be law)
> > to enable us make claused wishes? Kind Regards,
> >
> > On 7/7/07, Alex Gakuru
> > wrote:
> > > Dear All,
> > >
> > > Today is Saba Saba day - a good day to liberate
> > ICT
> > > Law and reclaim our digital future. The greatest
> > > liberation you could give every Kenyan today is a
> > > compact ICT Law!
> > >
> > > I usually complain about mobile operators, but
> > today
> > > it's only in the "mobile blame" aspects. I would
> > like
> > > to elaborate courtesy does not permit...remember
> > we
> > > are online here...and I have to be courteous
> > > http://www.ietf.org/rfc/rfc1855.txt
> > >
> > > But unfortunately, migratory blame does not
> > address
> > > unsolved needs of the abandoned plains, terrain,
> > flora
> > > and fauna and our baby ICT ideas risk forever
> > being
> > > bottled inside of us.
> > >
> > > Our Wish List is still very necessary; at the very
> > > least, to strengthen "inclusion" principle.
> > Remember
> > > also that it is non-committal, and no body will
> > you or
> > > get offended by an innocent wish list from
> > KICTAnet?
> > > KICTAneters who say all sorts of things?
> > >
> > > But seriously, this is a very import moment in the
> > > history of our country and if we get the *wrong*
> > ICT
> > > law sailing through parliament while watching
> > > helplessly, we shall do so much irreparable damage
> > to
> > > ourselves for a very long, long, long time.
> > >
> > > Be empowered, speak-up, and pour your hearts out.
> > Let
> > > us share our ideas how we expect ICT Laws to be
> > ensure
> > > justice in the e-space. Just remember that it is
> > only
> > > a wish list and we shall ask them ALL to check if
> > your
> > > wishes are catered for in the proposed Bill.
> > >
> > > Tell us what your wish for a truly digitally
> > connected
> > > Kenya is. Nothing is impossible-only
> > >
> >
>
http://www.chrisreevehomepage.com/nothing-is-impossible.html
> > >
> > > Though diverse, KICTAnet members collectively
> > invested
> > > tremendously to this process and it would be a
> > shame
> > > to let all go to waste (Alice thanks for this
> > "park"
> > > space)
> > >
> > > We have very limited time to hold government, the
> > > Attorney General and all the Hon. ICT Law makers
> > > accountable, i.e. the people in authority and
> > those
> > > in-waiting (or between) authority.
> > >
> > > Go on and start wishing right away......
> > >
> > > Notes:
> > >
> > > 1. Walubengo (the moderator and I) will note your
> > > properly legalised digital Kenya wishes.
> > >
> > > 2. A KICTAnet rep will present wishes to PS at the
> > > upcoming event.
> > >
> > > 3. You can send on-or-off list to either, both of
> > us
> > >
> > > 4. If you remain silent then you are also part of
> > the
> > > problem, offer a solution.
> > >
> > >
> > > DISCLAIMER
> > > My consumer involvement is different from this
> > > activity thus I shall be neutral and alert all
> > when I
> > > am wearing that hat.(telcos and ISPs people we are
> > > "buddies" on this one huh;-)
> > >
> > >
> > >
> > >
> > >
> >
>
____________________________________________________________________________________
> > > Park yourself in front of a world of choices in
> > alternative vehicles. Visit
> > > the Yahoo! Auto Green Center.
> > > http://autos.yahoo.com/green_center/
> > >
> > > _______________________________________________
> > > kictanet mailing list
> > > kictanet at lists.kictanet.or.ke
> > >
> >
> http://lists.kictanet.or.ke/mailman/listinfo/kictanet
> > >
> > > This message was sent to: judyokite at gmail.com
> > > Unsubscribe or change your options at
> > >
> >
>
http://lists.kictanet.or.ke/mailman/options/kictanet/judyokite%40gmail.com
> > >
> >
> >
> > --
> > Judy Ann Okite,
> > +254-721237507,+254-734252336
> > P.O. BOX 2228 00100,
> > NAIROBI,KENYA.
> >
> >
> > "Even if you are on the right track, you'll still
> > get run over if you
> > just sit there."
> >
>
>
>
>
>
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