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

Thu Aug 4 11:53:19 EAT 2016

Hello everyone,

Part II of the C.Security and Protection Bill will set up the National
Cyber Security Threat Response Unit which O think should be the designate
unit to execute functions and procedures in Part III of the Computer &
Cybercrimes Bill 2016. No one wants random police checking in their
premises to confiscate computers or phones in the name of section 22.

The C.Security and Protection Bill does not have extraterritorial
jurisdiction provisions which would enable extradition. We all know the
nature of cyber crimes and the recent arrest of Kick Ass Torrents owner
Artem Vaulin is a testimony of how effective extraterritorial jurisdiction
can be.
The C.Security and Protection Bill does not also have provisions on online
hate which is a big problem in Kenya. The issue of forfeiture of proceeds
and profits of cybercrimes is not also in the bill. All these were provided
for in the Computer and Cybercrimes Bill 2016.

The right to privacy, is 'under threat' in section 9. The drafters of this
law have tried to mitigate the extent of breach in Section 10 and 11 where
they give limitations to the information sharing between entities. However,
I still wonder why it is taking forever for the Data Protection Bill to
made law.

Section 22 outlaws phishing while section 24 criminalises identity theft
which has become rampant in this age of Facebook and Instagram. Section 25
illegalises pornography. In the Computer and Cybercrimes Bill, only child
pornography was expressly outlawed. Cases of children being sexually
exploited by persons they met online are on the rise and section 26 outlaws
it.

Sharing of intimate photos of another person will also be a crime. The
other thing that this bill covers is cyber squatting which we had discussed
some time back. However, I think this provision should be thoroughly
debated so as to avoid ambiguity during interpretation.

I think the Cybersecurity and Protection Bill is much better drafted when
compared to the Computer and Cybercrimes Bill. I however join those who
call for these two draft laws to be amalgamated.

Cheers,

Monyango

On Aug 4, 2016 06:11, "Grace Mutung'u (Bomu) via kictanet" <
kictanet at lists.kictanet.or.ke> 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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>> >>>
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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.
>>
>
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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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