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

Thu Nov 20 16:47:54 EAT 2014

From my understanding of the Information and Communications Act, intercepting of communications is explicitly forbidden. The only data that is recorded is what is provided at registration.

Am I right on that? And also what data would be gathered?

--
Mark.

On 20 Nov 2014, at 16:30, "Mose Karanja via kictanet" <kictanet at lists.kictanet.or.ke> wrote:

> 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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> -- 
> Mose 
> Karanja+254 724 162536 | @Mose_Karanja  
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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 
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> 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 
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