[kictanet] [isoc_ke] Govt to start phone tapping in war on counterfeit trade - Daily Nation

Fri Feb 17 13:49:58 EAT 2017

As much as we are quick to blame the media for "sensationalizing and wrong
reporting"  CA should communicate clearly beforehand i.e during the
decision making stage to address any issues that the stakeholders might
have as opposed to communicating during implementation stage or as a
measure to clear issues reported by media.

Secondly, regardless of the reasons advanced, there seems to be blurred
lines as details of the transaction are scanty at best and raise
questions *"from
the CA twitter handle: ...implementation of the DMS involves mobile
operators, CA and other government agencies"*

Which other government agencies and what is their role?? Details of the
role of the alleged principal contractor; Broadband Communications Networks
Ltd?

Mobile service providers need to give their take on the same as the public
has a direct contract with them and if any future intermediary liabilities
were to result they would be caught in the middle.

This also highlights the need for data protection laws to provide
parameters for data collection as opposed to the current self regulation*
where decisions regarding data collection are made in board rooms and the
public only gets to know about them at the implementation stage. The lack
of data protection laws also serves to put the public at a constant defense
hence the reaction resulting from the article.

Regards,

Esther Kamande

Advocate | Policy Analyst

Twitter: @enkamande

On Fri, Feb 17, 2017 at 10:22 AM, Ngigi Waithaka via kictanet <
kictanet at lists.kictanet.or.ke> wrote:

> Alwala,
>
> Just this statement alone raises serious privacy concerns.
>
> "...Instead the system queries the databases (whitelist, type approved
> devices etc) to determine the genuineness of a device before service is
> given. What part of that is infringement of privacy?...."
>
> Because it means that CA will then decide what the query will be, which
> opens a very large pandoras box as " Select ALL from DEVICES could very
> easily be changed to something more nefarious"
>
> Ideally, you ought to state *what* data you require from the MNOs and then
> they will provide you with exactly that data and nothing else! I am sure,
> if you asked for data that they thought was illegal, then would flag this.
>
> Regards
>
> On Fri, Feb 17, 2017 at 10:02 AM, Alwala, Rachel via kictanet <
> kictanet at lists.kictanet.or.ke> wrote:
>
>> Dear listers,
>>
>> We are aware about the misleading reports in the media. The Authority
>> will address the media shortly to clarify and explain how the system
>> works.  There is no infringement of privacy. As a matter of fact, no
>> information leaves the MNOs. Instead the system queries the databases
>> (whitelist, type approved devices etc) to determine the genuineness of a
>> device before service is given. What part of that is infringement of
>> privacy?
>>
>> We will share the statement with you to help all of you understand. No
>> one needs to be instilled with fear that is generated by parties with
>> vested interests. we want to eliminate illegal telecoms traffic through SIM
>> boxing, counterfeit devices, substandard devices etc, for your good as the
>> public. Not the other way as portrayed in the media.
>>
>> Rachel
>>
>> Sent from my iPad
>>
>> On Feb 17, 2017, at 09:43, Grace B via kictanet <
>> kictanet at lists.kictanet.or.ke> wrote:
>>
>> But on what legal basis is the phone tapping being done?
>> The closest connection I can see to the issue of counterfeit devices is
>> the Type Approval Regulations, 2010.
>> If this is the basis, how can subsidiary legislation be used to limit a
>> right like privacy?
>> Could CA clarify on what basis this is happening???
>> On 16 Feb 2017 8:02 p.m., "Ali Hussein via isoc" <isoc at lists.my.co.ke>
>> wrote:
>>
>>> Listers
>>>
>>> From Tuesday, the government wants to be allowed to listen to your
>>> calls, read your texts and review your mobile money transactions.
>>>
>>> The government, through the Communications Authority of Kenya, has
>>> ordered mobile phone companies to allow it to tap their computers.
>>>
>>> Read on:-
>>> http://www.nation.co.ke/news/Government-likely-to-start-phon
>>> e-tapping/1056-3816372-m5vnfx/index.html
>>>
>>> *Ali Hussein*
>>> *Principal*
>>> *Hussein & Associates*
>>> +254 0713 601113 <+254%20713%20601113>
>>>
>>> Twitter: @AliHKassim
>>>
>>> Skype: abu-jomo
>>>
>>> LinkedIn: http://ke.linkedin.com/in/alihkassim
>>>
>>> "We are what we repeatedly do. Excellence, therefore, is not an act but
>>> a habit."  ~ Aristotle
>>>
>>>
>>> Sent from my iPad
>>>
>>> _______________________________________________
>>> isoc mailing list
>>> isoc at lists.my.co.ke
>>> http://lists.my.co.ke/cgi-bin/mailman/listinfo/isoc
>>>
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>> sector in support of the national aim of ICT enabled growth and development.
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>
>
>
> --
> *Regards,*
>
> *Wait**haka Ngigi*
> Chief Executive Officer | Alliance Technologies | MCK Nairobi Synod
> Building
> T +254 20 525 0750 |Office Mobile: +254 716 201061 | M +254 737 811 000
> www.at.co.ke
>
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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.
>
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