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

Thu Dec 11 14:23:14 EAT 2014

@Listers
I am unable to comment because the amendments are many as attached in the 90paged bill found @The Security Laws (Amendment) Bill 2014
 I simply worry that the bill seems to be hurried - by design -  and is likely to be law by tomorrow morning - making discussions about it almost immaterial.
walu.

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      From: Ngigi Waithaka via kictanet <kictanet at lists.kictanet.or.ke>
 To: jwalu at yahoo.com 
 Sent: Thursday, December 11, 2014 1:38 PM
 Subject: Re: [kictanet] The Securities laws amendment bill 2014 and it's impact on ICT

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 NgigiAlliance Technologies
Nairobi, Kenyawww.A1.ioOn 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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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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