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

Mon Jul 25 21:02:51 EAT 2016

Dear Listers,

The bill clearly outlines the unauthorized disclosure of a password as a
crime, however, it is silent on a situation where an employee 'refuses' to
hand-over passwords of certain accounts including servers, and web domain
registrar or claims to have 'forgotten' those passwords, especially in
situations where they have lost their job . So my questions are:
1. Is that a criminal offence?
2. Should it be dealt with the company policy or should it be included in
this bill?

On Mon, Jul 25, 2016 at 8:12 PM, Francis Monyango via kictanet <
kictanet at lists.kictanet.or.ke> wrote:

> 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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> 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.
>

-- 
Best Regards,

Kelvin Kariuki
Twitter Handle: @teacherkaris
Alt email: kkariuki at mmu.ac.ke
Mobile: +2547 29 385 557
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