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

Fri Feb 17 19:51:19 EAT 2017

Dear Esther,

I totally agree with you. I shudder to think what other uses the data
mentioned could be used for.

I reiterate your point that data privacy laws are required now more than
ever and we as the ICT fraternity must take the lead to ensure these laws
see the light of day!

Anything that can create sneak peek into a personal device is a portal into
one's entire life and this must be safeguarded in the highest level
possible.

Kind regards,

Rosemary Koech-Kimwatu
Advocate-Fintech and ICT Policy

On Fri, 17 Feb 2017 at 18:51 esther kamande via kictanet <
kictanet at lists.kictanet.or.ke> wrote:

>
> 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 twitterhandle: ...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-phone-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
>
>
>
>
>
>
>
> _______________________________________________
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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
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