[kictanet] [ISOC_KE] Day 1: On-line debate on African Union Convention on Cyber Security (AUCC)

Kivuva Kivuva at transworldafrica.com
Thu Nov 28 09:48:15 EAT 2013


I support article *Article I – 7: *as it is. Even if we are to protect the
anonymity of advertisers, there should be a mechanism to track and identify
them when a breach has occurred. What if a company advertises defamatory
remarks about me or my company, I should be able through some mechanism to
unveil the source of the defamation, otherwise the intermediary will have
to bear the liability. Take an example of Google Ads, they are
clearly identified as such, and if the add is not appropriate, there must
be a way to identify the advertiser.
Probably, the act can read something like this

*"Without prejudice to Article I-4 any advertising action, irrespective of
its form, accessible through online communication service, shall be clearly
identified as such. *It shall* [There shall be a mechanism (database)
to]clearly identify the individual or corporate body on behalf of whom it
is undertaken."*


______________________
Mwendwa Kivuva, Nairobi, Kenya.
twitter.com/lordmwesh
google ID | Skype ID: lordmwesh


On 25 November 2013 14:02, Barrack Otieno <otieno.barrack at gmail.com> wrote:

> Listers,
>
> Emerging trends and security threats have forced people to start thinking
> of online security and child protection. I was listening to a colleague
> from Canada saying how citizens are increasingly getting comfortable with
> online surveillance. Africa has a very poor electronic commerce track
> record  which might be linked to weak cyber cecurity as such we might want
> to strike a balance between freedom and responsibility online. Companies
> have stringent policies regarding the use of their Internet and network
> resources, iam tempted to imagine that we might require a stringent policy
> framework that can drive Africans towards maximizing on the potential of
> the internet, this becomes fuzzier when you analyse it from a perspective
> of the governments role.
>
>
> On Tue, Nov 26, 2013 at 12:08 AM, Grace Githaiga <ggithaiga at hotmail.com>wrote:
>
>> Thanks Ali and Liz for your responses and for raising further queries.
>>  We would also welcome recommendations.  As of now, we will move your
>> queries into our reporting template and will see what recommendations can
>> be made in the final document.
>>
>> Let us keep the debate live.
>> Rgds
>> Grace
>>
>> ------------------------------
>> Date: Mon, 25 Nov 2013 19:19:55 +0300
>> Subject: Re: [ISOC_KE] Day 1: On-line debate on African Union Convention
>> on Cyber Security (AUCC)
>> From: lizorembo at gmail.com
>> To: ali at hussein.me.ke
>> CC: isoc at orion.my.co.ke; ggithaiga at hotmail.com;
>> kictanet at lists.kictanet.or.ke
>>
>>
>>
>> Thanks GG for starting this discussion.
>> Ali has raised very important points.
>> The questions to ask here is, what is the cost of banning anonymous
>> advertising in the cyberspace? Is it worth it? and How will it affect
>> business both online and offline?
>> On Nov 25, 2013 3:46 AM, "Ali Hussein" <ali at hussein.me.ke> wrote:
>>
>> Grace and listers
>>
>> 1. Net Anonymity forms a cornerstone of how the Internet has evolved and
>> grown to become the mass communication tool it is today. Although the
>> proposals mean well in terms of trying to cap criminal activities it is a
>> double edged sword.
>>
>> a) How will whistle blowers be protected if they feel their identities
>> will be compromised?
>> b) My right as a citizen to contribute in healthy sometimes sensitive
>> political discourse in some cases require a certain level of anonymity.
>> c) How we counter needs of national security and personal freedoms
>> without blanket condemnation of particular religious or ethnic groups will
>> define us as a nation and continent.
>> d) We need to be very careful that we don't quash the very environment
>> and ecosystem that has allowed some African countries to thrive and be
>> thought leaders in the online space.
>>
>> Ali Hussein
>>
>> +254 0770 906375 / 0713 601113
>>
>> "I fear the day technology will surpass human interaction. The world will
>> have a generation of idiots".  ~ Albert Einstein
>>
>> Sent from my iPad
>>
>> On Nov 25, 2013, at 12:39 AM, Grace Githaiga <ggithaiga at hotmail.com>
>> wrote:
>>
>>  Good morning Listers
>>
>>
>> Further to the announcement we made last Friday, we now commence this one
>> week discussion on the African Union Convention on Cyber Security(AUCC)
>>
>>
>> http://pages.au.int/sites/default/files/AU%20Cybersecurity%20Convention%20ENGLISH_0.pdf
>>  on multiple lists of KICTANet and ISOC-KE, in Kenya and on I-Network
>> list moderated by the Collaboration on International ICT Policy in East
>> and Southern Africa (CIPESA)  and ISOC -Uganda.
>>
>>
>> *Background to the African Union Convention on Cyber Security (AUCC)*
>>
>> African Union (AU) convention (52 page document) seeks to intensify the
>> fight against cybercrime across Africa in light of increase in cybercrime,
>> and a lack of mastery of security risks by African countries. Further, that
>> one challenge for African countries is lack of technological security
>> adequate enough to prevent and effectively control technological and
>> informational risks. As such “African States are in dire need of innovative
>> criminal policy strategies that embody States, societal and technical
>> responses to create a credible legal climate for cyber security”.
>>
>> The Convention establishes a framework for cybersecurity in Africa
>> “through organisation of electronic transactions, protection of personal
>> data, promotion of cyber security, e-governance and combating cybercrime”
>> (Conceptual framework).
>>
>>
>> As an additional reference to the earlier ones, please find attached a
>> letter that was sent to the AU by the Center for Intellectual Property and
>> Information Technology law and Strathmore University school of law.
>>
>>
>>
>> *We begin the discussion with Part 1 on Electronic transactions. Today,
>> we will discuss two out of four articles from this section.*
>>
>>
>>
>> *Section III: Publicity by electronic means*
>>
>> * Article I – 7:*
>>
>> * Without prejudice to Article I-4 any advertising action, irrespective
>> of its form, accessible through online communication service, shall be
>> clearly identified as such. It shall clearly identify the individual or
>> corporate body on behalf of whom it is undertaken.*
>>
>>
>>  *Question:* Should net anonymity be legislated? If so, what measures
>> need to be or not be considered?
>>
>>
>> *Question:* Should individuals or companies be obliged to reveal their
>> identities and what are the implications?
>>
>>
>> * Article I – 8:*
>>
>> *The conditions governing the possibility of promotional offers as well
>> as the conditions  for participating in promotional competitions or games
>> where such offers, competitions or games are electronically disseminated,
>> shall be clearly spelt out and easily accessible.*
>>
>>
>>  *Question:* Should an international (or should we call it regional) law
>> legislate on promotional offers and competitions offered locally?
>>
>> Over to you Listers. Let us engage and make concrete suggestions.
>>
>> A great week to you all.
>> Rgds
>> GG
>>
>>
>>  <RECOMMENDATIONS ON AUCC.pdf>
>>
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>
>
> --
> Barrack O. Otieno
> +254721325277
> +254-20-2498789
> Skype: barrack.otieno
> http://www.otienobarrack.me.ke/
>
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