[kictanet] Govt to start phone tapping in war on counterfeit trade

Wambua, Christopher Wambua at ca.go.ke
Mon Feb 20 06:14:05 EAT 2017 

Ngigi

One of CA's mandate is to type-approve ICT equipment imported for use in the country. Counterfeit phones are not type-approved. The overarching objective of type-approving equipment is to protect consumers from use of sub-standard equipment.

Counterfeit devices emit higher radiation beyond acceptable levels, and sometimes their batteries tend to explode due to overheating. We have an obligation to protect consumers.

Sincerely if government wanted to snoop, it has the machinery through the relevant law enforcement agencies to do so.

Wambua



Sent from my iPhone

On 19 Feb 2017, at 12:53, Ngigi Waithaka <ngigi at at.co.ke<mailto:ngigi at at.co.ke>> wrote:

Wambua,

It would be interesting to hear the comments from The Telcos as that (.. they wouldn't switch off counterfeit phones...) actually accuses them of abetting illegal activity. To me, it still looks like you're trying to use every trick in the book to get access to the Telco's systems as there are other ways to deal with such issues, including legal means.

If I was to use a similar setup, similar to what you are asking for, using the taxman (one of the certainties in life) as a good example.

Just because it is not in the interest of a company to pay maximum tax, such as PAYE, should KRA then us that as a reason to tap into every HR System in the country to look for 'every' registered employee who is also not on KRA's Database? If KRA came to CA with a 'device' asking for unfettered access to CA's HR System, would you give them access to the entire human resource database that includes details on every employee, including your medical history, your children's medical history etc just so that the device can flag which employees are also not registered in the KRA System?

Do you see how ridiculous that sounds?

If KRA then said, "...no, the device only checks for an employees PIN NO in the HR system and nothing else..." , wouldn't you want to ask them to prove it and more importantly, what guarantees do they have that the 'device' wouldn't be re-configured/hacked later to look for more information other than the PIN NO?

>From a technical pov, there's no way anyone can guarantee the later. No way!

As we also dig a bit deeper into this, I also wonder, why are you so keen on fighting others wars? Isn't there an anti-counterfeit agency in this country? Shouldn't this fall squarely under the Anti Counterfeit Agency (ACA)?

Chumvi usilokula lakuashia nini?

Regards


On Sun, Feb 19, 2017 at 12:18 PM, Wambua, Christopher <Wambua at ca.go.ke<mailto:Wambua at ca.go.ke>> wrote:
Ngigi

Each telco has a system that detects counterfeit handsets, and produces a blacklist.  More often than not, it is not in the interest of the telco to switch off a counterfeit devices, as it has implication on revenue.  The DMS is a central EIR which shares information across networks  to ensure that counterfeit and stolen handsets denied service in one network are re- used in other networks.  Once commissioned, the DMS will build a database of all devices in service. Each dataset will be associated with three identities:

  *   (i)      The device (IMEI)

(ii)     The operator offering the services (IMSI) and

(iii)   The subscriber number (MSISDN).

Please note that subscriber’s details including name, location etc will not be part of the DMS database. Also, the DMS system does not require and is not equipped with capabilities of monitoring subscriber transactions such as calls, SMSs and mobile pay services.When vendors import new devices, they will make their usual declarations at KRA. Here KRA will capture IMEIs of the new devices into the DMS. DMS will then verify if the IMEIs are of type approved devices. This information will stay on the DMS until a device is activated by inserting a SIM Card and switching ON, maybe when purchased. At this point, DMS will associate and lock the following data- IMEI + IMSI + MSISDN.

I hope this provides the required clarity.

Wambua



From: Ngigi Waithaka <ngigi at at.co.ke<mailto:ngigi at at.co.ke>>
Date: Sunday, February 19, 2017 at 10:04 AM
To: KICTAnet Discussions <kictanet at lists.kictanet.or.ke<mailto:kictanet at lists.kictanet.or.ke>>
Cc: Nanjira Sambuli <email at nanjira.com<mailto:email at nanjira.com>>, Christoper Wambua <wambua at ca.go.ke<mailto:wambua at ca.go.ke>>
Subject: Re: [kictanet] Govt to start phone tapping in war on counterfeit trade

Wambua,

The issue we are having is about this 'device' tapping into Telcos networks and being able to do a,b,c

If that 'device' was as benign as you put it, I think CA would be more forthcoming with info, which you haven't so far. You are only describing to us your problem, but not addressing our concerns.

There's no way under our laws where CA taps into a telco then decides for itself what data it'd like to take.

If you think we're overreacting, this sounds *exactly* like one of those programs NSA introduced in the US to collect data from the Telcos.

https://en.m.wikipedia.org/wiki/Tempora

Same devices, different 'excuses'! You just chose the 'counterfeits' excuse.

If you want this to go away, and you are genuinely interested in going against counterfeits as opposed to using that as an excuse to tap into customers data(that's how it's coming out), spin this around....

Say, we have a device that can detect counterfeits. To do that, we require that all Telcos hence forth, on a Realtime basis, to provide us with the following data:
1.
2.
3.

Given the above data, we'll provide the Telco on a Realtime basis, the devices legitimacy status (counterfeit or not)

Simple, easy to defend, clean... As Truth almost always is....



On 19 Feb 2017 9:27 a.m., "Wambua, Christopher via kictanet" <kictanet at lists.kictanet.or.ke<mailto:kictanet at lists.kictanet.or.ke>> wrote:
Nanjira

Your fears are unjustified. The system only focuses on the device not content. The initial phase of the switch off of counterfeit devices did not address clones. As a result, it was agreed a second phase would be necessary to deal with the menace of counterfeits in a holistic manner.

Regards

Sent from my iPhone

On 19 Feb 2017, at 08:09, Nanjira Sambuli via kictanet <kictanet at lists.kictanet.or.ke<mailto:kictanet at lists.kictanet.or.ke>> wrote:

Thanks for sharing, Kanini.

This issue reeks of  sinister intents. For instance, if CA switched off 1.5 million counterfeit devices in 2012 without this DMS, why is it needed now?
Furthermore, The CA statement didn't ease the tension at hand, only raised more questions.

http://www.nation.co.ke/news/plan-to-tap-phones-raises-eyebrows/1056-3818828-skf8hl/index.html

This is an election year. From shopping for police armoury to even previous reports of CA investing in equipment to "monitor online spaces", we have every right to be anxious and demand clarity.

Regards,
Nanjira.

Sent on the move.

On 18 Feb 2017, at 19:36, kanini mutemi <kaninimutemi at gmail.com<mailto:kaninimutemi at gmail.com>> wrote:

On that 'consumer awareness' and 'public participation' note. There's a Bill now before the Senate on Public Participation prescribing guidelines on how adequate public participation ought to be carried out. This being an election year it might not become law but could inform future legislative efforts on this area. Find attached.

On Fri, Feb 17, 2017 at 6:51 PM, Nanjira Sambuli via kictanet <kictanet at lists.kictanet.or.ke<mailto:kictanet at lists.kictanet.or.ke>> wrote:
Noting that Okiya Omtatah has filed a petition in court, and there should be a hearing on Monday.

The consumer awareness couldn’t be rolled out fast enough.


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Today's Topics:

  1. Re: [isoc_ke] Govt to start phone tapping in war on
     counterfeit trade - Daily Nation (Ali Hussein)
  2. Fwd:Deloitte Annual Graduate Recruitment 2017 (Gakiria)

From: Ali Hussein <ali at hussein.me.ke<mailto:ali at hussein.me.ke>>
Subject: Re: [kictanet] [isoc_ke] Govt to start phone tapping in war on counterfeit trade - Daily Nation
Date: 17 February 2017 at 13:01:03 EAT
To: KICTAnet ICT Policy Discussions <kictanet at lists.kictanet.or.ke<mailto:kictanet at lists.kictanet.or.ke>>
Cc: "Alwala, Rachel" <Alwala at ca.go.ke<mailto:Alwala at ca.go.ke>>, CPA <CPA at ca.go.ke<mailto:CPA at ca.go.ke>>


Rachel, Wambua

Thank you for your prompt response. However, other than take your word for it it would also be prudent for the Telcos (Safaricom, Orange, Airtel) to also let us know their thoughts on this without fear of being victimized.

Steve? Anyone from Orange here with authority to speak? How about Airtel?

Ali Hussein
Principal
Hussein & Associates
+254 0713 601113

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

On 17 Feb 2017, at 10:02 AM, Alwala, Rachel via kictanet <kictanet at lists.kictanet.or.ke<mailto: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<mailto: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<mailto: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<tel:+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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Subject: [kictanet] Fwd:Deloitte Annual Graduate Recruitment 2017
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