[kictanet] Day 4: PROMOTING CYBERSECURITY AND COMBATING CYBERCRIME

[Ngigi Waithaka]

Ali,

Been following this debate about crimes either done 'Analogue', old way or
'Digital', new way.

I do feel with the coming of the Intermet age, crime is not as straight
forward. Let me use an example.

If I woke up today walked to The Daily Nation and published an article
calling Ali a thief, I think by the laws of this country I stand to get
sued for Slander.

Now, if I flew to country X far far away, that doesn't have similiar laws,
say Fiji Islands, and called Ali a thief, would Ali sue me? I think
probably not. I am not even in Kenya and in the country I am in its not a
crime to do so.

Now, here is the interesting aspect; what if I was in Kenya, wrote a letter
saying Alex is a thief, sent it to Fiji Islands and had it published there?
Would I get sued for a crime?

I look at the Internet as the latter scenario; where we publish blogs, host
them in far away countries (Fiji Islands) and then go ahead and unleash
vitriol on anyone we like. But, are our actions Criminal and by what Law?

If you look at it, what crime is might not be that obvious afterall.

Waithaka Ngigi
A1.iO

Waithaka Ngigi

Alliance Technologies
Nairobi, Kenya

www.A1.io
Grace and listers

Firstly let us address the issue of Double Criminality. According to
Wikipedia:-

*Double criminality* (also known as *dual criminality*) is a requirement in
the extradition <http://en.wikipedia.org/wiki/Extradition> law of many
countries. It states that a suspect can be extradited from one country to
stand trial for breaking a second country's laws *only* when a similar law
exists in the extraditing country.

For example, if Country A has no laws against
blasphemy<http://en.wikipedia.org/wiki/Blasphemy>,
double criminality could prevent a suspect being extradited from Country A
to face blasphemy charges in another country.


This is of course a double edged sword.  The implication here on
harmonization of regional laws is a red flag. What may be kosher in
Zimbabwe may not pass muster in Kenya. I get the feeing here that the
interest of the Citizenry is secondary to Government. I'm a strong
proponent of less Government not more.

On the issue of additional punishment. I sometimes get the feeling that we
think human behavior is different online as opposed to offline. Fraud is
fraud whether off or online. Impersonation (as opposed to anonymity) is
still impersonation and depending on why you are impersonating someone it
still is a crime.

I honestly get confused on some of these issues. It's like saying we will
have separate laws when you break the law at home, at work or in the bus!!
Stealing is stealing, whether offline or online!! Murder is murder whether
on the bus or in space!!

Lets simplify the penal code so that we don't have to create new laws every
time a new medium of communication comes!

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 28, 2013, at 12:56 AM, Grace Githaiga <ggithaiga at hotmail.com> wrote:

Good morning Listers

Today is day 4 and our *focus is on PROMOTING CYBERSECURITY AND COMBATING
CYBERCRIME. *We raise two questions:

  *Article III – 14: Harmonization*

*1) Member States have to undertake necessary measures to ensure that the
legislative measures and / or regulations adopted to fight against
cybercrime enhance the possibility of regional harmonization of these
measures and respect the principle of double criminality.*


*Question*: *What is the principle of double criminality here?*



*Section II: Other penal sanctions*

 *Article III – 48*

*Each Member State of the African Union have to take necessary legislative
measures to ensure that, in the case of conviction for an offense committed
by means of digital communication facility, the competent jurisdiction or
the judge handling the case gives a ruling imposing additional punishment.*


 *Question: * *What is the interpretation of additional punishment? Is this
not granting of absolute powers to judges?*

We are almost getting there! Like Walu has reminded us, this is our
opportunity to contribute and shape this debate.  Over to you!

A great day to you all.
Rgds
GG


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