[kictanet] Computer and Cyber Crimes bill 2016 Day 4 of 5 Part IV General Provisions

[Barrack Otieno]

Hi Teacher Karis,

I have a problem with this section. It reminds me of the ICC cases for
lack of a better example, once you are a signatory of an International
Convention , it is my humble opinion that you are bound to make every
effort to fullfill it, maybe our legal colleagues @ Bomu and at
VKapiyo can help me to understand this better. I am raising this in
light of the territorial jurisdiction clause, i wonder what our legal
friends on the list have to say about this?

Regards

On 7/28/16, Ronald Ojino via kictanet <kictanet at lists.kictanet.or.ke> wrote:
> Dear all,
>
> A cyberattack intended to harm the Kenyan economy would likely target
> computers that operate the civilian critical infrastructure and government
> agencies.Membership in the most highly-skilled computer hacker groups is
> sometimes very exclusive, and share only with each other their most
> closely-guarded set of sophisticated hacker tools. These exclusive hacker
> groups do not seek attention because maintaining secrecy allows them to
> operate more effectively.
>
> As we come up with the security bill, for posterity we may borrow a leaf
> from the US irregardless of the lack of resources. Check out the following
> excerpt:
>
> In 2002, the Federal Information Security Management Act (FISMA) was
> enacted, giving the Office of Management and Budget (OMB) responsibility for
> coordinating information security standards and guidelines developed by
> federal agencies. In 2003, the National Strategy to Secure Cyberspace was
> published by the Administration to encourage the private sector to improve
> computer security for the U.S. critical infrastructure through having
> federal agencies set an example for best security practices. The National
> Cyber Security Division (NCSD), within the Information Analysis and
> Infrastructure Protection Directorate of the Department of Homeland Security
> (DHS) oversees a Cyber Security Tracking, Analysis and Response Center
> (CSTARC), tasked with conducting analysis of cyberspace threats and
> vulnerabilities, issuing alerts and warnings for cyberthreats, improving
> information sharing, responding to major cybersecurity incidents, and aiding
> in national-level recovery efforts. In addition, a Cyber Warning and
> Information Network (CWIN) begun operation in 50 locations, and serves as an
> early warning system for cyberattacks. The CWIN is engineered to be reliable
> and survivable, has no dependency on the Internet or the public switched
> network (PSN), and reportedly will not be affected if either the Internet or
> PSN suffer disruptions.In January 2004, the NCSD also created the National
> Cyber Alert System (NCAS), a coordinated national cybersecurity system that
> distributes information to subscribers to help identify, analyze, and
> prioritize emerging vulnerabilities and cyberthreats. NCAS is managed by the
> United States Computer Emergency Readiness Team (US-CERT), a partnership
> between NCSD and the private sector,
>
>  As computer-literate youth increasingly become radicalized ,cyberterrorism
> will continue to be a threat. Does the Kenyan government have data to
> support the involvement of terrorists in cyberterrorism? These reports can
> help use measure losses attributed to the attacks and scale up training of
> computer security experts (not forgetting the private sector)
>
> Does the Kenyan government have cyberweapons, or malicious code designed to
> attack and disrupt the targeted computer systems of an adversary in case we
> come under an attack? This needs to be taken into consideration too.
>
> Many firms are reluctant to share important computer security information
> with government agencies because of the possibility of having competitors
> become aware of a company’s security vulnerabilities. How can this be
> handled?
>
> Could we have a programme of training intelligence officers on computer
> security matters including ethical hacking?
>
>  Finally, there is a clause that accepts evidence on child pornography if it
> is meant for research. This sub-section must be expounded further in order
> to avoid misinterpretation while at the same time taking care of children’s
> rights.
>
> Regards,
>
> Ronald Ojino
>
>> On Jul 28, 2016, at 8:55 AM, Kelvin Kariuki via kictanet
>> <kictanet at lists.kictanet.or.ke> wrote:
>>
>> Dear Listers,
>>
>> Thank you for your contribution on the previous days discussions, feel
>> free to still comment on them under their respective mail stream.
>>
>> Today we discuss Part IV on General Provisions withing the bill, this part
>> outlines the following sub-sections:
>>
>> 40 — Territorial jurisdiction
>> 41 — Forfeiture
>> 42 — Prevailing clause
>> 43 — Consequential amendments
>> 44 — Regulations
>>
>> You can access the bill here: http://www.mygov.go.ke/?p=11234
>> <http://www.mygov.go.ke/?p=11234> or download the attached document.
>>
>> The Concern
>> 1.   The Prevailing Clause states ~ "Whenever there is a conflict between
>> this Act and any other law regarding cybercrimes, the provisions of this
>> Act shall supersede any such other law." What does this really imply?
>> 2.   Is there any other concern you want to raise on this part? If Yes,
>> please feel free to highlight it on this mail stream.
>>
>>
>> We are looking forward to your discussions on this topic.
>>
>> Thank you.
>>
>>
>> Barrack and Karis.
>> --
>> Best Regards,
>>
>> Kelvin Kariuki
>> Twitter Handle: @teacherkaris
>> Alt email: kkariuki at mmu.ac.ke <mailto:kkariuki at mmu.ac.ke>
>> Mobile: +2547 29 385 557
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>


-- 
Barrack O. Otieno
+254721325277
+254733206359
Skype: barrack.otieno
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