[kictanet] Cybercrime Bill 2016

[Francis Monyango]

I get you Tony,

Me thinks it's the states business to stop you from using your tools in a
way that causes harm to others. On the issue of authority, I don't think
the proposed legislation was written with one authorizing body in mind.
Private parties can authorize.
Anyone can report of a breach of this law  when they so believe that it has
happened. Since it's criminal law, burden of proof lies on the prosecution
to show how one's activities amount to a breach of this law.

Francis Monyango
On Jul 14, 2016 7:43 AM, "Tony White via kictanet" <
kictanet at lists.kictanet.or.ke> wrote:

> @Francis - agreed, but  I didn't feel it was clear enough as to
> who was able to authorise, and for the tester, to possess the 'tools
> of the trade' - remember, a tool - even a panga - may be used for
> legitimate purposes, or for committing crimes - possession of the tool
> does not constitute the crime.
>
> Cheers,
> Tony
>
>
> On 14/07/2016, Francis Monyango via kictanet
> <kictanet at lists.kictanet.or.ke> wrote:
> > 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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>
> --
> Tony White
>
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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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