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

Thu Aug 4 11:21:55 EAT 2016

Interesting Perspective Grace,

No wonder Speaker of the National Assembly  Justine Muturi complained
about Public Participation.

Best Regards

On 8/4/16, Grace Mutung'u (Bomu) <nmutungu at gmail.com> wrote:
> Hi everyone,
> I understand that this is a Bill emanating from the work of the Senate ICT
> Committee. After visiting the counties, they saw a gap in cybersecurity and
> protection of infrastructure.
>
> The issue of whether Senate can legislate on this- the Bill will affect
> Counties and their governments if you read the memorandum.
>
> One thing we have learnt from the process of the ICT Practitioners Bill is
> that legislators/committees appreciate their role under a presidential
> system. We, wananchi also need to appreciate our role and entry points if
> our input is to be meaningful...
>
> Regards,
> On 3 Aug 2016 11:20 p.m., "Barrack Otieno via kictanet" <
> kictanet at lists.kictanet.or.ke> wrote:
>
>> 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.
>> >>>
>> >>>
>> >>
>> >>
>> >> --
>> >> Barrack O. Otieno
>> >> +254721325277
>> >> +254733206359
>> >> Skype: barrack.otieno
>> >> PGP ID: 0x2611D86A
>> >
>> >
>> > Regards,
>> > Nanjira.
>> >
>> > www.nanjira.com <http://www.nanjira.com/>
>> >
>> > About.Me <http://about.me/ninanjira>| Twitter
>> > <http://www.twitter.com/ninanjira>| LinkedIn
>> > <https://www.linkedin.com/in/nanjira>| Skype
>> > <http://hatscripts.com/addskype?nanjirasambuli>
>> > IM: +254722481566 (WhatsApp | Telegram | iMessage)
>> >
>> >
>> >
>> >
>> >
>> >
>>
>>
>> --
>> Barrack O. Otieno
>> +254721325277
>> +254733206359
>> Skype: barrack.otieno
>> PGP ID: 0x2611D86A
>>
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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.
>>
>

-- 
Barrack O. Otieno
+254721325277
+254733206359
Skype: barrack.otieno
PGP ID: 0x2611D86A