[kictanet] Cyber Bill

Kipkemoi Kiptum kip at kipkemoi.com
Wed Dec 30 16:01:54 EAT 2015


President Ulysses S. Grant (General(Retired)) First Inaugural Address Washington, DC Thursday, March 4, 1869
Citizens of the United States:
Your suffrages having elected me to the office of President of the United
States, I have, in conformity to the Constitution of our country, taken the oath
of office prescribed therein. I have taken this oath without mental reservation
and with the determination to do to the best of my ability all that is required
of me. ...
[snip - but not so we loose the message]
...
I shall on all subjects have a policy to recommend, but none to enforce against
the will of the people. Laws are to govern all alike—those opposed as well as
those who favor them. I know no method to secure the repeal of bad or obnoxious laws so effective as
their stringent execution.
Kip
A Cruce Salus

On Wed, Dec 30, 2015 at 2:54 PM, Waithaka Ngigi via kictanet < kictanet at lists.kictanet.or.ke > wrote:
Ali,
It's a trend that's currently happening across the board where the most extreme
version of the laws becomes *default‎* and it's only watered down after protests
and legal suits.
Very unfortunate.
Waithaka Ngigi

Alliance Technologies
www.at.co.ke From: Ali Hussein Sent: Wednesday, December 30, 2015 2:08 PM To: KICTAnet ICT Policy Discussions Cc: Waithaka Ngigi Subject: Re: [kictanet] Cyber Bill
Waithaka
You raise critical issues. My sense is that before any law or amendment is
drafted for 'public debate' (more on this in a minute) shouldn't the
constitutional threshold first be met?
Shouldn't the drafters of these laws and amendments exhibit utmost good faith in
relation to the constitution? There is a lot in these drafts that in my humble
opinion just do not meet this threshold.
On the issue of public debate/comments I have hit fatigue levels for one simple
reason.
The lack of transparency in the very process of public comments.

Is there someone on this list who can educate us on this process? My questions:-
1. What happens after the comments/debate period expires? 2. Are people's comments incorporated? 3. Do we receive any feedback regarding our comments?
Please educate us on this.
The WCIT12 issue is still fresh in some of our minds. The community was engaged
vigorously by the previous regime headed by then Minister Poghisio and his PS,
Dr. Ndemo. I was in the Kenya Delegation when Dr. Ndemo declined to sign the new
treaty due to major issues of contention one of which was Net Neutrality.
Enter the new regime and we now hear the treaty was later signed by Kenya. No
explanation given. No announcement. Zilch.
For the community to feel that their views are being taken into account there
needs to be transparency on how these comments/debates at incorporated and
decisions made even before they hit parliament for debate.
My two cents.
Ali Hussein Principal Hussein & Associates +254 0713 601113 / 0770906375
Twitter: @AliHKassim

Skype: abu-jomo

LinkedIn: http://ke.linkedin. com/in/alihkassim



Blog: www.alyhussein.com

"Discovery consists in seeing what everyone else has seen and thinking what no
one else has thought". ~ Albert Szent-Györgyi
Sent from my iPad
On 30 Dec 2015, at 10:49 AM, Waithaka Ngigi via kictanet < kictanet at lists.kictanet.or.ke > wrote:

Just wondering,
While at it, why not just get the Red Star OS from North Korea and make it the
mandatory OS in Kenya‎?
It is the *constitutional* right of every Kenyan‎ Citizen to PRIVACY which can
only be lifted through a very well detailed legal process.
No act of parliament should attempt mass-collection of private data from Kenyan
citizens under the guise of fighting Cyber crimes.
Waithaka Ngigi

Alliance Technologies
www.at.co.ke From: Josiah Mugambi via kictanet Sent: Wednesday, December 30, 2015 10:07 AM To: Ngigi Waithaka Reply To: KICTAnet ICT Policy Discussions Cc: Josiah Mugambi Subject: [kictanet] Cyber Bill
http://www.standardmedia.co. ke/mobile/article/2000186538/
new-law-tightens-noose-on- online-hackers

Quite the uproar judging by the comments online.


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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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