[kictanet] [isoc_ke] Computer and Cyber crimes bill 2016 Day 1 of 5 Part 2 Offences

[Ali Hussein]

Barrack and all

To address the issue of uhuru.co.ke in relation to the cyber crime Bill 2006. 

Let me first address the issue of cybersquatting as opposed to the practice of selling domains in the Domain After Market. 

Cyber-Squatting is best described as the practice of registering names, especially well-known company or brand names, as Internet domains, in the hope of reselling them at a profit. For example:-

Walmart.co.ke
Carrefour.co.ke
Yahoo.co.ke (which incidentally I once owned when I didn't know any better! :-) )
Google.co.ke (which incidentally was free once not too long ago) 

The domain aftermarket is the secondary market for Internet domain names which a party interested in acquiring a domain that is already registered bids or negotiates a price to effect the transfer of registration from the registered holder of that domain name.
The professional pursuit of speculation in the domain aftermarket is known as domaining. The domain aftermarket has grown substantially, as an increasing number of generic domains names that promise 'marketing appeal' and 'desirability' are registered by domain warehouses, or resellers.

The domain aftermarket is facilitated by auction houses which provide communication methods for buyers and sellers to interact, often anonymously, to negotiate and close a transaction. They often provide additional services, such as financial escrow services and domain parking.

Now let's address the uhuru.co.ke case. This is similar to the Evans Kidero case sometime back. In that particular case the Good Governor's team had the good sense to negotiate and acquire the domain that had slipped through their fingers.

So is Uhuru a Brand Name or a Generic Name? 

A quick look at Google search results indicate that the word Uhuru has a generic meaning (freedom) and is also a name. 

So which one is it? A Brand Name or a Generic one. 

Let's do another exercise. 

Word. Generic name or brand name for one of the most successful computer programs ever?

You get the picture..

Does this issue belong in the Cyber-Security bill?

My take:- A resounding NO. Let's apportion the blame where it belongs..with the guys who should have known better and let such a valuable Generic Name lapse.

KeNIC are you listening? Seems like some people need 101 lessons on Defensive Domain Registration.  

And to Corporates out there here's my advise for free:-

Move your domain custodian services from the IT Department to the Marketing Department.

My two cowrie shells..

Ali Hussein
Principal
Hussein & Associates
+254 0713 601113 / 0770906375

Twitter: @AliHKassim
Skype: abu-jomo
LinkedIn: http://ke.linkedin.com/in/alihkassim


"Discovery consists in seeing what everyone else has seen and thinking what no one else has thought".  ~ Albert Szent-Györgyi

Sent from my iPad

> On 25 Jul 2016, at 9:45 AM, Barrack Otieno via isoc <isoc at lists.my.co.ke> wrote:
> 
> Listers,
> 
> As you prepare your comments, we had an interesting case last week of
> www.uhuru.co.ke. Apparently the owner of the domain was ready to part
> with it for a tidy sum of money. There were counterarguments as to
> whether the domain was a generic name or whether it was a trademark
> :-)(you know what i mean), it also brought to fore the issue of
> cybersquatting and whether it is an illegal activity on the dot Ke
> space. There are those who felt that this is a genuine mode of
> business akin to speculation in real estate. Was this an offence in
> light of the Computer and Cybercrimes bill 2016?
> 
> Regards
> 
>> On 7/25/16, Barrack Otieno <otieno.barrack at gmail.com> wrote:
>> Listers,
>> 
>> As announced last week, online discussions on the Computer and
>> Cybercrimes bill 2016 will start today.  The Computer and Cybercrimes
>> bill can be accessed using the following link
>> http://www.mygov.go.ke/?p=11234.
>> 
>> Today we focus on part II of the bill which focuses on the offences:
>> 
>> Questions
>> 
>> 1. Does the section address computer and cyber crime related offenses
>> in a comprehensive manner and according to International standards ?
>> 2. If it does not can you point out areas that need to be incorporated
>> into the bill?
>> 3. Are there clauses in this section that will impede the growth of
>> electronic commerce or affect online citizen participation as seen on
>> Kenyans on Twitter (KOT) ? If that is the case , how should the same
>> be phrased?
>> 4. Do you have any other proposals that can be incorporated into part
>> 2 to improve it?
>> 
>> We welcome your feedback on the questions above,
>> 
>> Thank you
>> 
>> 
>> Kelvin and Barrack
>> --
>> Barrack O. Otieno
>> +254721325277
>> +254733206359
>> Skype: barrack.otieno
>> PGP ID: 0x2611D86A
> 
> 
> -- 
> Barrack O. Otieno
> +254721325277
> +254733206359
> Skype: barrack.otieno
> PGP ID: 0x2611D86A
> 
> _______________________________________________
> isoc mailing list
> isoc at lists.my.co.ke
> http://lists.my.co.ke/cgi-bin/mailman/listinfo/isoc
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