[kictanet] Is Big Brother watching us?

[John Walubengo]

mmmhhh,

Assuming that the eLegislation does exist (not just an
ammendmend to some existing manual legislation whose
context may have been totally different) i still believe
that it would take a genius prosecutor to win such a case
(as SMS hate-messaging).

Am not a lawyer but I do know that to sustain charges and
prove a case, it takes more than just legislation. There's
the little bit of:

1) gathering and preserving the (electronic) evidence
2) proving beyond reasonable doubt that it did originate
from me and has not been tampered with or somebody used my
phone?.
3) getting an e-Compliant judge or magistrate (how many do
we have?) as well as Prosecutors.
4) Accepting digital evidence in courts (remember the
police spokesman claim that some recent footage on the
riots were merely computer generated?); Yes, apparently
electronic evidence is now admissible in Kenyan courts but
how many are in the know?

In short, I believe we are still a long way towards
instituting and practicing eLegislation. And that cuts both
ways i.e. there's a chance that you could send hate
messages and win the case but there's also the chance that
Big Brother can watch us and also get away with it using
those very same institutional incapacities...

walu.


  

--- bitange at jambo.co.ke wrote:

> Mr. Njoka,
> You do not have any right at all sending hate messages. 
> This will land you in jail.  Check the penal code.
> 
> Yes the Government will prosecute those who violete
> rights of other people.  Government applies the laws made
> by our representatives and if you do not like them, you
> lobby your mps to change them.  This debate has pt no
> real meaning in this forum unless you specific proposals
> that would help create an ideal society..
> 
> Bitange Ndemo
> 
> 
> Sent from my BlackBerry®
> 
> -----Original Message-----
> From: "Miano Njoka" <mianonjoka at gmail.com>
> 
> Date: Sun, 10 Feb 2008 14:03:21 
> To:bitange at jambo.co.ke
> Cc:KICTAnet ICT Policy Discussions
> <kictanet at lists.kictanet.or.ke>
> Subject: [kictanet] Is Big Brother watching us?
> 
> 
> A while back, the government announced that it would
> prosecute anyone sending hate messages via SMS.
> Safaricom's CEO mentioned in a post to this list that
> they were working on a filtering system to stop hate
> messages, pornography, etc. 
> 
> Are these actions right? Is Big Brother (in George
> Orwell's 1984) watching us? I guess valid arguments can
> be made both for and against the government invading its
> citizens privacy in the interest of national security,
> what I'd like to know is, are these actions legal? Are
> there laws in Kenya to protect the right to privacy? Are
> communication companies bound by law to protect their
> customers information? Are these laws, if any, enforced?
>  
> Miano Njoka.
> 
> 
> 
>  
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