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

[Victor Kapiyo]

Not yet. It's still a bill awaiting debate in parliament and enactment into
law.

Victor

Victor Kapiyo

====================================================
*“Your attitude, not your aptitude, will determine your altitude” Zig
Ziglar*

On 21 November 2016 at 09:02, Gregory Okoth via isoc <isoc at lists.my.co.ke>
wrote:

> Hi all,
> I am not sure if we have an enacted law on Data Protection. A search from
> kenyalaw.org doesn't revela much. Is the Data Protection Bill 2013 in
> force?
>
>  I am drafting a document and I need to quote any laws in Kenya regarding
> protecting personal information.
>
> On Wed, Jul 27, 2016 at 11:53 PM, kelvin via isoc <isoc at lists.my.co.ke>
> wrote:
>
>> Article: Owner of 0 wants $90,000
>>
>>
>> New York (CNN) — A lawyer and artist in Washington D.C. hopes to gain
>> tens of thousands of dollars from a prescient decision he made years ago.
>> Jeremy Peter Green, a 28-year-old who goes by the pen name Jeremy Pegg,
>> bought the ClintonKaine.com domain for $8 in 2011. Now that Hillary Clinton
>> is of... Sent via Flipboard, your personal magazine. Get it for free to
>> keep up with the news you care about.
>>
>>
>>
>> Sent from my Verizon, Samsung Galaxy smartphone
>>
>> -------- Original message --------
>> From: Ali Hussein via isoc <isoc at lists.my.co.ke>
>> Date: 7/25/16 7:28 AM (GMT-05:00)
>> To: Barrack Otieno <otieno.barrack at gmail.com>, ISOC Kenya Chapter <
>> isoc at lists.my.co.ke>
>> Cc: Skunkworks forum <skunkworks at lists.my.co.ke>, KICTAnet ICT Policy
>> Discussions <kictanet at lists.kictanet.or.ke>
>> Subject: Re: [isoc_ke] Computer and Cyber crimes bill 2016 Day 1 of 5
>> Part 2 Offences
>>
>> 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 <http://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
>>
>> _______________________________________________
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>>
>>
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>>
>
>
>
> --
> Regards,
> Greg
> --------
> Life is not a rehearsal, you only live once!
>
>
>
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