[kictanet] Cybercrime Bill 2016

[Francis Monyango]

I have read the bill.I have noted major loopholes that can be used to
breach the fundamental human right to privacy. But now to answer Tony on
clauses that penetration testing, section 4(2) of the bill talks about
unauthorized access. I believe if one is doing a 'pen test', they have been
authorized to access that system. Section 6(2) of the bill is on
interference. It also talks about permissions hence, not a crime to do a
pentest. Lastly, section 8 (3)(a) states that activities  described  in
the section do not constitute an offence if the acts are  intended  for
the  authorised  training,  testing  or protection  of  a  computer  system.

There you have it. I hope I haven't gone all legalese on that one.

Francis Monyango
On Jul 13, 2016 2:17 PM, "Tony White via kictanet" <
kictanet at lists.kictanet.or.ke> wrote:

> I have read through the bill, and - although I am not a lawyer - it
> looks like it has been well thought out and makes sense (unlike
> *another* recent bill!).
>
> My main concern, with this (or any other) bill, is where it may be
> open to abuse, intimidation, and/or corruption.  I hope those with
> 'legal' minds may discover the specific areas which may be open to
> abuse, and where further clarification within the bill may address
> those concerns.
>
> Specifically, related to those whose work involves the provision,
> and/or testing of the security of systems to guard against possible
> cybercrimes.  I would like to see a section where specific exemption
> is allowed where permission by a person in authority over a computer
> system or telecommunications network is given to a specific person or
> organisation to conduct testing of a system's security - commonly
> referred to as 'penetration testing' or 'pentest'
>
> My initial thoughts.
>
> Tony
>
>
> On 13/07/2016, Walubengo J via kictanet <kictanet at lists.kictanet.or.ke>
> wrote:
> > Listers,
> > I know we have just come from an intensive 2week review of the ICT
> > Policy.But PS Itemere says there is more work need on the Cybercrime Bill
> > @http://www.mygov.go.ke/?p=11234
> >
> >
> > Plse send your views on the Cyber Crime Bill and spread the word.
> > @ Mose- could u put this up on Jadili as well?@ Skunkworks - Someone
> forward
> > to these hackers as well. I seem to have been kicked off their list at
> one
> > point.
> > walu.
>
>
> --
> Tony White
>
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