[kictanet] Cyber Security and Data Protection (Senate) Bill Viz Computer and Cyber Crimes Bill (Parliament) - Need for Harmonization

Wed Aug 3 23:20:11 EAT 2016

Looking forwad to the output of the Map excercise @ Nanjira,

Best Regards

On 8/3/16, Nanjira Sambuli <email at nanjira.com> wrote:
> Well, there is the matter of whether this is a Senate-level element of
> legislation, as Alex pointed out.
>
> This cybersecurity space runs a big risk of being over-legislated, without
> coherence. This is a key finding from the mapping exercise we have been
> conducting. There is a serious need, not only for harmonisation of bills,
> but also of efforts to introduce legislative frameworks.
>
> Will share more on our findings at the IGF next week.
>
>> On 3 Aug 2016, at 20:57, Barrack Otieno <otieno.barrack at gmail.com> wrote:
>>
>> Hi Nanjira, Alex and Listers,
>>
>> I have perused the bill and have the following observations:
>>
>> 1. This bill is Sponsored by Hon Mutahi Kagwe Chairman of the Senate
>> ICT Commitee whereas the Computer and Cybercrimes bill is Sponsored by
>> Leader of the Majority Hon Duale
>> 2. Both bills share the same objective, i have observed that Hon
>> Duale's bill which was discussed on KICTANET last week is more
>> punitive (Fines in Millions) while Hon Kagwe's is lenient (Fines are
>> in hundreds of thousands.
>> 3. I have observed that the Cyber Security and Protection Bill leans a
>> lot towards critical Internet Infrastructure whereas the Computer and
>> Cyber Crimes Bill focuses on Cyber crime and Child Online Protection,
>> however both bills have strong emphasis on Cyber Security.
>> 4. The Cyber Security and Protection Bill justifies the need for Cyber
>> Security laws within the county government framework.
>> 5. Overall both are good attempts but there is need for harmonization.
>>
>> Best Regards
>>
>> On 8/3/16, Alex Watila via kictanet <kictanet at lists.kictanet.or.ke>
>> wrote:
>>> Dear all,
>>>
>>>
>>>
>>> Please note that senate only needs to be involved on laws touching on
>>> county
>>> functions listed in schedule 4 of cok 2010
>>> <http://www.klrc.go.ke/index.php/constitution-of-kenya/167-schedules-schedul
>>> es/fourth-schedule-distribution-of-functions-between-national-and-the-county
>>> -governments/448-2-county-governments>
>>>
>>>
>>>
>>> My understanding is that cyber security is a national function
>>>
>>>
>>>
>>> Regards,
>>>
>>>
>>>
>>> Alex
>>>
>>>
>>>
>>> -----Original Message-----
>>> From: kictanet
>>> [mailto:kictanet-bounces+awatila=yahoo.co.uk at lists.kictanet.or.ke] On
>>> Behalf
>>> Of henry--- via kictanet
>>> Sent: Wednesday, August 3, 2016 5:03 PM
>>> To: awatila at yahoo.co.uk
>>> Cc: henry at article19.org; Nanjira Sambuli <email at nanjira.com>
>>> Subject: Re: [kictanet] Cyber Security and Data Protection (Senate) Bill
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>> ----- Original Message -----
>>>
>>> From: "Nanjira Sambuli via kictanet" <
>>> <mailto:kictanet at lists.kictanet.or.ke> kictanet at lists.kictanet.or.ke>
>>>
>>> To:  <mailto:henry at article19.org> henry at article19.org
>>>
>>> Cc: "Nanjira Sambuli" < <mailto:email at nanjira.com> email at nanjira.com>
>>>
>>> Sent: Wednesday, August 3, 2016 4:49:03 PM
>>>
>>> Subject: [kictanet] Cyber Security and Data Protection (Senate) Bill
>>>
>>>
>>>
>>> Anyone familiar with the genesis of this bill?
>>>
>>>
>>> <http://kenyalaw.org/kl/fileadmin/pdfdownloads/bills/2016/CyberSecurityandPr
>>> otectionBill_2016.pdf>
>>> http://kenyalaw.org/kl/fileadmin/pdfdownloads/bills/2016/CyberSecurityandPro
>>> tectionBill_2016.pdf
>>>
>>>
>>>
>>> Wasnt aware of this version. It seems like the older version of the Bill
>>> developed by the ODPP.
>>>
>>>
>>>
>>> Regards
>>>
>>>
>>>
>>> Henry
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>> Regards,
>>>
>>> Nanjira.
>>>
>>>
>>>
>>> Sent from my iPhone.
>>>
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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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>>
>>
>> --
>> Barrack O. Otieno
>> +254721325277
>> +254733206359
>> Skype: barrack.otieno
>> PGP ID: 0x2611D86A
>
>
> Regards,
> Nanjira.
>
> www.nanjira.com <http://www.nanjira.com/>
>
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-- 
Barrack O. Otieno
+254721325277
+254733206359
Skype: barrack.otieno
PGP ID: 0x2611D86A