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

Mon Jul 25 20:12:51 EAT 2016

On Cyber squatting, I don't see the rationale of it being a criminal
offence. It being a civil wrong, maybe yes. But as lawyers say, equity aids
the vigilant and not the indolent.
On Jul 25, 2016 2:34 PM, "Barrack Otieno via kictanet" <
kictanet at lists.kictanet.or.ke> wrote:

> 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
>
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