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

Thu Aug 4 12:46:29 EAT 2016

Very insightfull analysis Francis, i totally agree with you, looking
forward to an interesting IGF, looking forward to meeting you all
then, meanwhile i think listers should continue sharing their
observations ahead of the IGF.

Regards

On 8/4/16, Francis Monyango via kictanet <kictanet at lists.kictanet.or.ke> wrote:
> 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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>>> >>> 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/>
>>> >
>>> > About.Me <http://about.me/ninanjira>| Twitter
>>> > <http://www.twitter.com/ninanjira>| LinkedIn
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>>> > 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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>>
>> _______________________________________________
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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