[kictanet] Consumer Protection

George Nyabuga george at afrinic.net
Mon Feb 18 11:33:28 EAT 2013 

Thanks Daktari for these insights, and the attachment. There is, however, no 17.(3). It would be good to know what this says (if at all it exists).


Dr George Nyabuga                                                 Tel:   +230 403 51 00
Head, Communications and PR, AFRINIC           Fax:  +230 466 67 58
george at afrinic.net - www.afrinic.net
 
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On Feb 18, 2013, at 12:22 PM, bitange at jambo.co.ke wrote:

> 
> 
> Robert,
> We must protect the privacy of Kenyans especially those who do not want
> their mobile number in the public domain.  Attached see the sections of
> the Communications Ammendment Act and the regulations.  It is brief and
> you can read in one minute.
> 
> 
> Ndemo.
> 
> 
> 
> 
> 
> 
> 
> 
>> Just to reiterate that mobile is the new mass media, it is shocking how no
>> one is actually raising an issue about IEBC's blatant waste of money,
>> exactly what is the objective of printing information about the pooling
>> stations in the newspaper?
>> 
>> IEBC has over the past few days been publishing in the former mass media
>> a.k.a. newspapers a list of the registered pooling stations, each run has
>> taken up over 12 full pages at 320,000/- per page that adds up to 3.84
>> million x 3 newspapers per day = 11.52 million and this has been going on
>> for 3 days = 34.56 million. 
>> 
>> 
>> This confirms that expenses fill the budget allocated in the same way as
>> work fills the time allocated, from this wasteful spending it is clear
>> that we would have had the same kind of election with a 10th of the budget
>> allocated.
>> 
>> 
>> Yet the same IEBC charges me 10/- to check the same information using
>> their SMS service, if this is the cost of democracy then we are doomed to
>> poverty. 
>> 
>> Regards
>> 
>> 
>> PS.  What exactly was the ICT strategy launch all about?
>> 
>> Â 
>> Robert Yawe
>> KAY System Technologies Ltd
>> Phoenix House, 6th Floor
>> P O Box 55806 Nairobi, 00200
>> Kenya
>> 
>> 
>> Tel: +254722511225, +254202010696
>> 
>> 
>> ________________________________
>> From: Ali Hussein <ali at hussein.me.ke>
>> To: robert yawe <robertyawe at yahoo.co.uk>
>> Cc: KICTAnet ICT Policy Discussions <kictanet at lists.kictanet.or.ke>
>> Sent: Wednesday, 13 February 2013, 11:59
>> Subject: Re: [kictanet] Has IEBC Voter Register Been Compromised
>> 
>> 
>> +1 Robert
>> 
>> 
>> Ali
>> Hussein
>> CEO, 3mice interactive media ltd
>> Partner, Telemedia Africa Ltd
>> 
>> Â 
>> Twitter: @AliHKassim
>> Skype: abu-jomo
>> LinkedIn: http://ke.linkedin.com/in/alihkassimBlog: www.alyhussein.com
>> 
>> 
>> On Wed, Feb 13, 2013 at 10:51 AM, robert yawe <robertyawe at yahoo.co.uk>
>> wrote:
>> 
>> Hi Harry,
>>> 
>>> Not being a lawyer please indulge my ignorance, when you get an ID card
>>> it is that the public can confirm who you say you are therefore it is not
>>> a private but a public record.
>>> 
>>> When you register as a voter you are going to elect public office bearers
>>> therefore your voter registration information is public information.
>>> 
>>> I hear you on the issue of getting targeted but which is the greater evil
>>> the likelihood of you getting evicted or the likelihood of an election
>>> being compromised?
>>> 
>>> My take is that the voter, SIM card, ID, passport, prison, land ownership
>>> and motor vehicle information need to be made publicly available for
>>> scrutiny by all and sundry with a means to monitor who has accessed the
>>> data (IPv4).  All the data I have mentioned is available to a select few
>>> which means that the
>> playing field is therefore uneven. 
>>> 
>>> With a select few having access to the data is more harmful especially
>>> since there is no way of any of us knowing who they are or what is their
>>> agenda. It truly pains me when a nation with such great minds at times
>>> like this reduce themselves to rock painters.
>>> 
>>> In the run up to the last censors we ran what we called the "tribe Kenya"
>>> campaign which resulted in the ministry of planning being forced to
>>> define a new tribe called Kenya, whose code is 722, for those who wanted
>>> to respond to the tribe question as "Kenya" and not other. In addition
>>> the training materials for the enumerators where changed to indicated
>>> that no one should be forced to provide a specific tribe and neither
>>> where they to make any assumptions based on name.
>>> 
>>> After the results where released it was recorded that 612,000 households
>>> across the country are members of the tribe "kenya".  If I had a way of
>>> contacting this
>> fellow tribes men/women of mine then we would be in a better position to
>> plan our development and representation, which is one of the reasons that
>> I am an advocate of making this data public.
>>> 
>>> In closing, we keep questioning the results of the various opinion polls
>>> done by a myriad of organisations with all of us raising issues on sample
>>> distribution, ethnicity, gender and the like and more critically are they
>>> registered voters.  This is a very simple issue to solve if the voter
>>> register was publicly available and merged with the SIM register, all we
>>> would ask you to do is respond to an electronic opinion poll using your
>>> mobile phone.  The results could then be tallied and a comprehensive
>>> report provided that would answer many of the current contentious issues.
>>> 
>>> 
>>> Regards
>>> 
>>> Â 
>>> Robert Yawe
>>> KAY System Technologies Ltd
>>> Phoenix House, 6th Floor
>>> P O Box 55806 Nairobi,
>> 00200
>>> Kenya
>>> 
>>> 
>>> Tel: +254722511225, +254202010696
>>> 
>>> 
>>> ________________________________
>>> From: Harry Karanja <kkairo at gmail.com>
>>> To: robertyawe at yahoo.co.uk
>>> Cc: KICTAnet ICT Policy Discussions <kictanet at lists.kictanet.or.ke>
>>> Sent: Tuesday, 12 February 2013, 6:35
>>> Subject: Re: [kictanet] Has IEBC Voter Register Been Compromised
>>> 
>>> 
>>> 
>>> On interrogation of legislation I've actually found that the Kenya
>>> Communication (Amendment) Act imposed stiff penalties for unauthorized
>>> access of data. So whether it came from retail agents or telcos (which is
>>> highly improbable) this MP is not supposed to have my data. I'd also
>>> discount the idea of cell broadcasting - which to the best of my
>>> knowledge had not been activated in Kenya for commercial use. The SMS
>>> originated from a UK number.
>>> 
>>> 
>>> What is indisputable is that the aspiring MP accessed my personal data
>>> without authorization. The next challenge is who should be held
>>> accountable and how do I do this? Â As mentioned earlier, targeted
>>> campaigning or marketing is only one use of this data - but what if
>>> someone based on my surname surmises that I do not fit into the electoral
>>> map, will there be another form of targeting to evict me from that
>>> constituency? (Here lies the futility of SIM registration as these SMS
>>> can easily be sent from UK or India)
>>> 
>>> 
>>> The fears I have are real, for its happened before, and as most on this
>>> list can attest, technology has the power to make this process more
>>> efficient.
>>> 
>>> Regards, 
>>> Harry Karanja
>>> 
>>> 
>>> Sent from my iPad
>>> 
>>> On Feb 11, 2013, at 10:40 AM, Edith Adera <eadera at idrc.ca> wrote:
>>> 
>>> 
>>> Harry,
>>>> Â 
>>>> Indeed the sources are many as others have said. Do we have a data
>>>> protection law (and FOI law) in place? Or the 10th parliament left
>>>> “hurriedly” without enacting it?
>>>> Â 
>>>> The scenarios of how an individual voter can be targeted are many and
>>>> scary, to say the least.
>>>> Â 
>>>> Edith
>>>> Â 
>>>> From:kictanet
>>>> [mailto:kictanet-bounces+eadera=idrc.ca at lists.kictanet.or.ke] On Behalf
>>>> Of Harry Karanja
>>>> Sent: February 10, 2013 10:44 PM
>>>> To: Edith Adera
>>>> Cc: KICTAnet ICT Policy Discussions
>>>> Subject: [kictanet] Has IEBC Voter Register Been Compromised
>>>> Â 
>>>> Listers,
>>>> Â 
>>>> This morning I received the oddest message. Through a bulk sms provider,
>>>> one of the aspirants for MP in my constituency sent me an SMS appealing
>>>> me to vote for him in the upcoming elections? Now I say odd because to
>>>> the best of my knowledge I have never communicated to this politician my
>>>> number and my constituency. In fact the only person I have ever given
>>>> this dual information is the IEBC during voter registration. 
>>>> Â 
>>>> Which begs the question, could IEBC or its registration clerks be making
>>>> voter registers available to politicians for consideration or otherwise?
>>>> I'm also curious if this is an isolated event or its happening
>>>> elsewhere?
>>>> Â 
>>>> Now I don't need to emphasize on the very serious implications if
>>>> politicians are in possession of such specific data on the electorate. I
>>>> previously blogged
>>>> (http://www.startupkenya.info/2010/08/chopping-up-big-green-giant-safaricom.html)Â on
>>>> the dangers of telcos in possession of too much personal data, but it is
>>>> nothing compared to politicians with this data especially in a country
>>>> that has experienced deadly post election violence. 
>>>> Â 
>>>> I'm curious what measures IEBC has in place for the protection of our
>>>> personal information and if my experience this morning portends the
>>>> compromise of all future governmently held e-data?
>>>> 
>>>> Regards, 
>>>> Harry Karanja
>>>> Â 
>>>> Sent from my iPad
>>> 
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>> The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform
>> for people and institutions interested and involved in ICT policy and
>> regulation. The network aims to act as a catalyst for reform in the ICT
>> sector in support of the national aim of ICT enabled growth and
>> development.
>> 
>> KICTANetiquette : Adhere to the same standards of acceptable behaviors
>> online that you follow in real life: respect people's times and bandwidth,
>> share knowledge, don't flame or abuse or personalize, respect privacy, do
>> not spam, do not market your wares or qualifications.
> <Consumer Protection[1].doc>_______________________________________________
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> The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
> 
> KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.

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