[kictanet] My take: IG Discussion 2009, Day 10 of 10 - ePayment Systems and Regulation

Sun May 10 18:15:28 EAT 2009

Barrack

I do agree that a multi-stakeholder approach is needed but the buck has
to stop with someone. And in my view this someone has to be in
government as the custodian of the 'sword'. Its up to us as stakeholders
to ensure that whoever wields the said 'sword' wields it sensibly and
for our common good and we do this by engaging with government through
the various fora available including through this list.

Victor

________________________________

From: Barrack Otieno [mailto:otieno.barrack at gmail.com] 
Sent: 08 May 2009 12:28
To: Victor Gathara
Cc: KICTAnet ICT Policy Discussions
Subject: Re: [kictanet] My take: IG Discussion 2009, Day 10 of 10 -
ePayment Systems and Regulation

On Fri, May 8, 2009 at 12:27 PM, Barrack Otieno
<otieno.barrack at gmail.com> wrote:

	Victor i disagree with your position. Security is a very
complicated area and requires a multistakeholder approach, there has to
be a clearly defined system made up of state and non state actors. The
much Dr Ndemo Ndemo can do is to Facilitate, in any case his work is to
implement policies (I may be wrong). We have very skilled personell in
and out of governmnet, what is failing us is our inability to tap into
their knowledge. We can only do this through institutions 

	On Fri, May 8, 2009 at 12:20 PM, Victor Gathara
<v-gathara at dfid.gov.uk> wrote:

		Imoh, Ministry of Info and Comms should take the lead in
legislation
		affecting the ICT sector and have an overall management
role in it. I
		think some sort of IT security czar is required (or
already exists) and
		may rightly sit in the CCK. The ministry should up its
communication
		strategy even now to alert all on where we are regarding
ICT security.
		All seems unclear because we (or maybe I) am unaware of
what
		laws/structures are in place in government to address
this issue.

		Over to you Dr Ndemo!

		Victor

		-----Original Message-----
		From:
kictanet-bounces+v-gathara=dfid.gov.uk at lists.kictanet.or.ke
		[mailto:kictanet-bounces+v-gathara
<mailto:kictanet-bounces%2Bv-gathara> =dfid.gov.uk at lists.kictanet.or.ke]
On
		Behalf Of John Walubengo
		Sent: 08 May 2009 08:27
		To: Victor Gathara
		Cc: KICTAnet ICT Policy Discussions
		Subject: Re: [kictanet] IG Discussion 2009,Day 10 of 10
- ePayment
		Systems and Regulation

		Thanx Mwende for your 4day moderation on Security
issues. Ofcourse more
		credit to the contributors whose insights am sure are
being digested by
		stakeholders...feel free to make belated contributions.

		Today I want to introduce the second last theme before
Mwende takes us
		through the Closure and Way forward on Monday 11th May
2009.  Basically,
		we want to review the various "hybrid" electronic
payments systems and
		their corresponding legal and regulatory frameworks.

		Hybrid electronic payment system exclude the traditional
banking systmes
		which do have time-tested and proven legal/ regulatory
frameworks.
		Typically they refer to emerging e-Payment systems that
have been best
		exemplified by the MPESA/Zap phenomena. Such systems cut
accross
		multiple industries (Banking, Telecommunication and IT)
and present a
		huge challenge in terms of regulation/legislation.

		In developed economies, such systems have multiple
		legislation/regulation that demands that the entities
involved in such
		ePayment services abide by strict Data Protection Acts
which protect the
		customer data/privacy as well as other eLegislation
(eCrime,
		eTransaction) that provides deterrence and assurance
mechanism.

		In layman terms, consider an MPESA/ZAP User who sends
value of 30,000Ksh
		from their mobile phone account to the parents upcountry
when the
		following happens:
		1. Disaster strikes and the electronic records are lost
(whose
		liable?-it happened in 9/11, Tsunami, etc) 2. The
Parents claim that
		they didnt recieve the money or worse still the sender
claim they never
		send the money (non-repudiation issues) 3. An eCrime
suspect is charged
		with altering ePayments records at the source (inside
job/judicial
		issues)

		In general, do we have frameworks to protect consumers
and businesses
		against such risks above and do we have investigative
and judicial
		capacity to administer e-Crime related justice? What
role should the
		Regulator (CCK), Banking (CBK), Police and Judiciary
(NOT) have in these
		frameworks?

		Lets try and give views within today (1day)...

		walu.

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	-- 
	Barrack O. Otieno
	ISSEN CONSULTING
	Tel:
	+254721325277
	+254733206359
	http://projectdiscovery.or.ke
	To give up the task of reforming society is to give up ones
responsibility as a free man.
	Alan Paton, South Africa

-- 
Barrack O. Otieno
ISSEN CONSULTING
Tel:
+254721325277
+254733206359
http://projectdiscovery.or.ke
To give up the task of reforming society is to give up ones
responsibility as a free man.
Alan Paton, South Africa

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______________________________________________________________________

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