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

Sat Jul 30 12:35:49 EAT 2016

Let me add this here
http://www.businessdailyafrica.com/Opinion-and-Analysis/Computer-and-Cyber-Crime-Bill/539548-3317030-ps9yyt/index.html
On Jul 27, 2016 12:23, "Barrack Otieno via kictanet" <
kictanet at lists.kictanet.or.ke> wrote:

> Hi @ Kelvin,
>
> I think the issue of employees handing over passwords is a factor of
> company ICT policies. The motive needs to be scrutinized as well, this
> brings in the question of whether the bill is aligned to global best
> practices that are used by organizations to develop ICT policies in
> addition to Standards such as ISO 27000 series.
>
> Thank you
>
> Regards
>
> On Mon, Jul 25, 2016 at 9:02 PM, Kelvin Kariuki via kictanet
> <kictanet at lists.kictanet.or.ke> wrote:
> > 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
> >>>
> >>> _______________________________________________
> >>> kictanet mailing list
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> >>>
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> >>>
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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.
> >>
> >>
> >> _______________________________________________
> >> kictanet mailing list
> >> kictanet at lists.kictanet.or.ke
> >> https://lists.kictanet.or.ke/mailman/listinfo/kictanet
> >>
> >> Unsubscribe or change your options at
> >>
> https://lists.kictanet.or.ke/mailman/options/kictanet/kelvinkariuki89%40gmail.com
> >>
> >> 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
> >
> >
> > _______________________________________________
> > kictanet mailing list
> > kictanet at lists.kictanet.or.ke
> > https://lists.kictanet.or.ke/mailman/listinfo/kictanet
> >
> > Unsubscribe or change your options at
> >
> https://lists.kictanet.or.ke/mailman/options/kictanet/otieno.barrack%40gmail.com
> >
> > 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.
>
>
>
> --
> Barrack O. Otieno
> +254721325277
> +254733206359
> Skype: barrack.otieno
> PGP ID: 0x2611D86A
>
> _______________________________________________
> kictanet mailing list
> kictanet at lists.kictanet.or.ke
> https://lists.kictanet.or.ke/mailman/listinfo/kictanet
>
> Unsubscribe or change your options at
> https://lists.kictanet.or.ke/mailman/options/kictanet/monyango93%40gmail.com
>
> 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.
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