[kictanet] Day 4: PROMOTING CYBERSECURITY AND COMBATING CYBERCRIME

Thu Nov 28 10:47:57 EAT 2013

Ngigi

You are quite correct. 

The principle though also applies even in the analogue world hence extradition laws are usually complex. The point I'm making is that the legal experts must start thinking out of the box and simplify this. I'm sure some list way back when TV and Radio was the new new thing were debating the same issues. Us humans are now going for holidays in space..Soon we may be inhabiting those far off places..we must be prepared across the board including a new way of looking at laws and enforcing them. 

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 9:52 AM, Ngigi Waithaka <ngigi at at.co.ke> wrote:
> 
> 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 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, 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
> 
> _______________________________________________
> kictanet mailing list
> kictanet at lists.kictanet.or.ke
> https://lists.kictanet.or.ke/mailman/listinfo/kictanet
> 
> Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/ngigi%40at.co.ke
> 
> 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.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <https://lists.kictanet.or.ke/pipermail/kictanet/attachments/20131128/053bea0f/attachment.htm>