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

[Barrack Otieno]

Many thanks Ali,

Indeed such things happen when elections are around the corner, i also
think the Computer and Cyber Crimes Bill will become more relevant as
we approach elections, reading the act i cant help but observe that
some of the offenses attract fines for as much as 7 million shillings
are we getting over excited or is this the norm internationally? i
hope other listers have had a change to review the bill.

Regards

On 7/25/16, Ali Hussein <ali at hussein.me.ke> wrote:
> 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
>


-- 
Barrack O. Otieno
+254721325277
+254733206359
Skype: barrack.otieno
PGP ID: 0x2611D86A