[kictanet] Cybercrime Bill 2016

Douglas Gichuki dgichuki at strathmore.edu
Thu Jul 14 16:59:09 EAT 2016


Listers,

The bill is an incredible improvement from the previous attempt.

It does well to touch on trans boundary requests for data, a particular
sticking point for the municipal competencies of law enforcement agencies.
However, it leaves us still with the usual tool of Mutual legal assistance
Treaties which have been condemned elsewhere for inefficiency. However, it
is quite likely that less formal channels of cooperation might be more
effective. May this be the place to start work on an inter governmental
investigation agency?

Further, we are lacking a statutory framework for data protection/privacy
protection (the bill on data protection only deals with public sector
data). It is entirely unclear what procedures are to be followed by cloud
providers in cooperating with law enforcement agencies that are holding
third party data on private networks...!

Finally, will the traditional tools of search and seizure work for digital
data that is volatile, easily shifted, and with cloud computing dis
aggregated in non discrete bits across multiple environments and
jurisdictions



On Wed, Jul 13, 2016 at 10:18 AM, 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.
>
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