[kictanet] Computer and Cyber crimes bill 2016 Day 2 of 5 Part III Investigation Procedures

[Walubengo J]

@Karis,
Apologies for late intervention.
Just looked at the Investigation Procedures and just have a concern in terms of 'who' does them. Whereas it is envisioned that a police officer would carry these out, it would have been better to qualify this in terms of a 'cyber-police' officer.
Moving in and grabbing computer related equipment and data as if you are confiscating a sack of bhang may render the data useless or not-acceptable in a court of law since the defence lawyers may argue that there was no chain of custody with respect to the seized digital evidence.
  
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How to Keep a Digital Chain of Custody
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walu. 

      From: Kelvin Kariuki <kelvinkariuki89 at gmail.com>
 To: KICTAnet ICT Policy Discussions <kictanet at lists.kictanet.or.ke> 
Cc: Barrack Otieno <otieno.barrack at gmail.com>; Grace Githaiga <ggithaiga at hotmail.com>; Grace Luice N. Mutung'u <nmutungu at gmail.com>; Walubengo J <jwalu at yahoo.com>
 Sent: Tuesday, July 26, 2016 8:04 AM
 Subject: Computer and Cyber crimes bill 2016 Day 2 of 5 Part III Investigation Procedures
   
Dear Listers,
Thank you for your contribution on yesterdays discussions on the offences, feel free to still comment on it under that mail stream posted by Barrack yesterday.
Today we discuss the Investigation Procedures of this bill. It outlines the powers and procedures to be followed by the authorities in carrying out computer and cyber related offences investigations.
This section touches on pertinent issues as outlined below:
20 — Scope of procedural provisions21 — Search and seizure of stored computer data22 — Power to search without a warrant in special circumstances23 — Record of and access to seized data24 — Production order25 — Expedited preservation and partial disclosure of traffic data26 — Real-time collection of traffic data27 — Interception of content data28 — Obstruction and misuse29 — Appeal30 — Confidentiality and limitation of liability
You can access the bill here: http://www.mygov.go.ke/?p=11234 or download the attached document.
The Concerns1.        To what extent are the service providers supposed to disclose their client data to the authorities?2.       Does any of the search or seizure powers given to authorities in this section violate any privacy rights enshrined in our constitution?3.   Has this part extensively covered all the investigation procedures required for all the offences stated in part II?4.   Does it match the international standards? If it does not, kindly point out areas that need to be incorporated into the bill.N/B: Feel free to raise any concern or question not suggested here.
We are looking forward to your feedback on the above concerns and much more.Thank you. Barrack and Karis.
-- 
Best Regards,


Kelvin KariukiTwitter Handle: @teacherkarisAlt email: kkariuki at mmu.ac.keMobile: +2547 29 385 557


  
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