[kictanet] [isoc_ke] Telecoms regulator seeks powers to spy on consumers - Another case of Silly Season or should we be concerned?

Thu Nov 20 16:45:48 EAT 2014

Thnx Mose,

I actually saw these clauses and that is why I said they are the "closest" to the authors article.  However,  an article title 
"Telecoms regulator seeks powers to spy on consumers" does NOT exactly fit these two clauses.

Most Acts around the world, that relate to "Data Protection Act",  "Cybercrime Act" or "Freedom of Information Act" do have provisions for the Regulator/Government Agency to appoint Auditors to inspect Licensee's premise or operations.  This is NOT exactly "spying on the consumers" but providing assurance that what the Operators/licensees are submitting annually to the Regulator is actually true.

Regulations that "Spy on Consumers" exist, and they explicitly instruct the operators to install and operate surveillance equipment that reports back to the Regulator or Government agency.  That is a totally different game plan that would attract serious interest.  Perhaps this is on the table and hence the need to really have the specific document and/or clauses come out.

walu.
nb: free advise though - Government may wish to use the word "Auditor" rather than "Inspector".  The term inspector tends to attract un-intended connotations.

--------------------------------------------
On Thu, 11/20/14, Mose Karanja <mosekaranja at gmail.com> wrote:

 Subject: Re: [kictanet] [isoc_ke] Telecoms regulator seeks powers to spy on consumers - Another case of Silly Season or should we be concerned?
 To: "Walubengo J" <jwalu at yahoo.com>
 Cc: "KICTAnet ICT Policy Discussions" <kictanet at lists.kictanet.or.ke>
 Date: Thursday, November 20, 2014, 4:29 PM

 Check the following clauses in the Draft Compliance and
 Enforcement Regulations part on the
 link. 

 (3) An
 inspector may at all reasonable times enter into any
 premises owned or controlled by a licensee in which the
 inspector has reasonable grounds to believe that has any
 document, information, or apparatus relevant for ensuring
 compliance withthe
 Act or these Regulations and to examine such
 document, information or apparatus or remove the document,
 information or apparatus for examination or reproduction as
 the case may be.

 (4) Where
 an inspector has reason to believe that there is any
 communication equipment or interference causing apparatus,
 he may examine such equipment, apparatus, logs, books,
 reports, data, records, documents or other papers and remove
 such information, document, apparatus, or equipment for
 examination or reproduction.

 On Thu, Nov 20, 2014 at
 4:24 PM, Walubengo J <jwalu at yahoo.com>
 wrote:
 @Mose,

 I had already shared your
 link http://ca.go.ke/index.php/public-consultations

 there are many regulations
 under "consultations". But I am unable to get the
 specific one that best relates to the authors(Okuttah)
 article. The closest one seem to be the one under Compliance
 and Enforcement Regulations where the regulator can post
 inspectors to operators/licensees site...but that still
 doesnt fit the story @

 http://www.businessdailyafrica.com/Corporate-News/Telecoms-regulator-seeks-fresh-powers-to-spy-on-consumers-/-/539550/2520540/-/item/0/-/97lpmyz/-/index.htm

 Maybe @Okuttah who is
 onlist should just email us the document if government side
 is unable so that the rest of us can be discussing something
 solid.

 walu.

 --------------------------------------------

 On Thu, 11/20/14, Mose Karanja via kictanet
 <kictanet at lists.kictanet.or.ke> wrote:

  Subject: Re: [kictanet]
 [isoc_ke] Telecoms regulator seeks powers to spy on
 consumers - Another case of Silly Season or should we be
 concerned?

  To: jwalu at yahoo.com

  Cc: "KICTAnet ICT Policy
 Discussions" <kictanet at lists.kictanet.or.ke>

  Date: Thursday, November 20, 2014, 3:26 PM

  There is

  high probability the author of the piece
 on Business Daily

  was referring to the proposed amendments
 here to

  align CAK with KICA (Amendment) 2013. 

  The public

  consultations are ongoing up to 15 Dec

  2015. 

  On 20 November 2014 14:23,

  Victor Kapiyo via isoc
 <isoc at lists.my.co.ke>

  wrote:

  Anyone with a copy of the proposals?

  Victor

  On 20 Nov 2014 13:10, "Ali

  Hussein via kictanet"
 <kictanet at lists.kictanet.or.ke>

  wrote:

  @Walu

  That's why I asked whether its

  another case of Silly Season..:)

  On the issue of engagement on the

  list I don't think I need to add more.
 In fact I have on

  good authority that most of the
 stakeholders in government

  are on the list. What I can see is that
 maybe just may be

  the...the guys who do this sort of thing
 need to be

  empowered within certain parameters.

  Ali

  Hussein

  +254 770 906375 / 0713

  601113

  Twitter: @AliHKassimSkype:
 abu-jomoLinkedIn: http://ke.linkedin.com/in/alihkassimBlog: www.alyhussein.com

  "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 20, 2014, at

  8:53 AM, Walubengo J
 <jwalu at yahoo.com>

  wrote:

  @Ali,

  Funny, I

  have not come across these proposed
 regulations - and I

  often consider myself to take more than a

  "pedestrian" interest in this
 sector.  I have

  also checked  the regulators site but
 dont see the specific

  proposals 

  @
 http://www.ca.go.ke/index.php/public-consultations

  Anyone with

  a copy of the contentious proposals?

  KBy the

  way, KICTAnet has a list of about 750 ICT
 individuals of

  diverse interest groups(Academia, Media,
 Technical,

  Operator,  Consumer,etc). One begins to
 wonder if it is by

  design or otherwise, that the regulator,
 the ministry and

  other government agencies have in recent
 times conveniently

  chose to ignore sending (FREE) alerts on
 this forum.

  Put
 differently, there must be

  "other" ICT stakeholders
 government is engaging

  and we may need to be told so that we also

  "vuka"/go there accordingly :-).

  walu.

 --------------------------------------------

  On Thu, 11/20/14, Ali Hussein via isoc

  <isoc at lists.my.co.ke>

  wrote:

   Subject: [isoc_ke]
 Telecoms regulator

  seeks powers to spy on consumers -  
  Another case of

  Silly Season or should we be concerned?

   To: "KICTAnet ICT Policy

  Discussions"
 <kictanet at lists.kictanet.or.ke>,

  ISOC at lists.my.co.ke

   Date: Thursday, November 20, 2014, 4:00

  AM

   ListersApologies for

   cross-posting.Kenya’s

  telecommunication sector regulator is

   seeking fresh powers to spy on consumers

  that could see

   users of voice

  and data services lose their privacy to
 State

   and security agencies without their

  knowledge.Read
 on:-http://www.businessdailyafrica.com/Corporate-News/Telecoms-regulator-seeks-fresh-powers-to-spy-on-consumers-/-/539550/2520540/-/item/0/-/97lpmyz/-/index.htmlAli

  Hussein

   +254 770

   906375 / 0713 601113

   Twitter: @AliHKassimSkype:

 abu-jomoLinkedIn: http://ke.linkedin.com/in/alihkassimBlog: www.alyhussein.com

   "I

  fear the day technology will

  surpass human
 interaction. The world will have a

  generation

   of idiots".

   ~ Albert Einstein

   Sent from

  my iPad

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  Karanja+254 724 162536 | @Mose_Karanja 

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  The Kenya ICT Action
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  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.

 Thn