[kictanet] The Securities laws amendment bill 2014 and it's impact on ICT

[Ngigi Waithaka]

Mwendwa,

Thanks a lot for this update, I have actually been searching for this.

Now, my contribution to this:
1. Anything that takes away our current civil liberties as enshrined in our
constitution is a no-no. We cannot let the terrorists win nor water down
our hard fought freedoms.

2. Anything that touches on mass-surveilance e.g across the board wiretaps
for civillians without an authorization from the courts is a no-no. This is
taking us back to Special Branch days where private conversations used to
make good fodder for intelligence. Also, where the ruling party is
synonymous with the Government this will ultimately be used to settle
political scores.

3. There better be a really good definition of exactly who a terrorist is.
History has shown how almost every hero known today was once labelled a
terrorist. So if we want to detain someone past the current maximum times
coz of terrorism,  then there better be a really good reason otherwise
before too long these same laws might be used to fight the opposition.

4. Checks and balances. If the goverment wants extra power then the power
ought to be checked by say an equivalent to Public Accounts Commiitee (PAC)
for security, headed by a member of the opposition.

And then the big question; the most recent terrorist activities (Mandera
1&2, Mpeketoni)
1. Is there anything in these laws that could have stopped those attacks?
Bunch of guys strolled across our borders killed 70 Kenyans, then strolled
back.

2. One of the reasons that led to the sacking of CS security and IG was
when Kenyans were outraged at how casuallly and gruesome these killings
were. These were on our front pages.
Take that away, and you get a censored heading reading 70 Kenyans killed in
Mandera in inter-clan fighting, tucked safely somewhere on Pg 35, whats
your possible reaction? None. And mediocrity would continue to lead us.

How about we strengthen our anti-corruption and governance laws and I bet
we would have a much better chance of fighting terrorism.

Waithaka Ngigi

Alliance Technologies
Nairobi, Kenya

www.A1.io
On 11 Dec 2014 12:30, "Mwendwa Kivuva via kictanet" <
kictanet at lists.kictanet.or.ke> wrote:

> Kenya is in the process of implementing a new bill the "Security Laws
> (Amendment) Act, 2014." which is being fast-tracked by the executive. This
> law among other thing seeks to put in place punitive measures to ensure
> terrorists and those who promote terrorism are punished accordingly. We
> will seek to review the clauses in the law that affect the ICT industry,
> and ask you to give feedback on how best the laws should be implemented.
> Attached with this email is the security laws.
>
>  Here are some of the contents of the laws
> 1. The bill makes it an offence to broadcast information which undermines
> investigations relating to terrorism without police consent. (page 55)
> 2. The National Security Organs may intercept communication for the
> purposes of detecting, deterring and disrupting terrorism in accordance
> with procedures to be prescribed by the Cabinet Secretary. (Page 57)
> 3. A person who publishes or causes to be published or distributed
> obscene, gory or offensive material which is likely to cause fear and
> alarm to the general public or disturb
> public peace is guilty of a felony (page 4)
> 4. It's illegal to post anything in social media that praise, advocate or
> incite acts of terrorism
> 5. It's illegal to adopt ideologies based on violence and which advance
> political, religious or social change in terms of radicalisation
> 6. In any legal proceedings, electronic messages and digital material
> shall be admissible as evidence. (Page 29)
> 7. The Bill intends to make it an offence to publish or broadcast
> photographs of victims of terror attacks without the consent of the police
> or the victim. (page 55)
>
> The public consultation started and probably ended yesterday (why such a
> short notice), but your input can still go a long way in ensuring we pass
> laws that serve the Mwananchi fairly.
>
> Internet Society Kenya Chapter and Kictanet seeks to engage in a series
> of online discussions covering various trending issues which will culminate
> in a public consultative forum with industry and policymakers to share the
> feedback from the community and see how best we can influence and shape the
> Internet landscape in Kenya.
>
> Sincerely,
> ______________________
> Mwendwa Kivuva, Nairobi, Kenya
> Secretary, Internet Society Kenya Chapter
>
> "There are some men who lift the age they inhabit, till all men walk on
> higher ground in that lifetime." - Maxwell Anderson
>
>
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