[kictanet] Is Big Brother watching us?

[Miano Njoka]

"'I've Got Nothing to Hide' and Other Misunderstandings of Privacy" by
Daniel J. Solove
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=998565 [ssrn.com]

On Tue, 2008-02-12 at 07:49 +0300, Bernard Mwenda wrote:
> Walu,
> 
> Well Said. You Know it. I know it.  But does the common mwananchi know it? So when the government says that you can be prosecuted for such SMSs they suddenly stop. Which is good in some way.
> 
> Ignorance can be used for good sometimes.
> 
> Regards,
> *****************************************
> Bernard Mwenda,
> Network Management Centre (NMC) Manager,
> Afsat Communications (Africa) Ltd,
> Tel:+254 20 608621 : Fax:+254 20 602826
> Cell:+254 722 521155 (Safaricom)
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> ________________________________________
> From: kictanet-bounces+bmwenda=iwayafrica.com at lists.kictanet.or.ke [kictanet-bounces+bmwenda=iwayafrica.com at lists.kictanet.or.ke] On Behalf Of John Walubengo [jwalu at yahoo.com]
> Sent: Monday, February 11, 2008 3:46 PM
> To: Bernard Mwenda
> Cc: KICTAnet ICT Policy Discussions
> Subject: Re: [kictanet] Is Big Brother watching us?
> 
> 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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> 
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