[kictanet] Ring of bank hackers busted - Daily Nation

[Douglas Gichuki]

Cybercrime,

As Kanini Mutemi rightly observes Kenya does not possess the substantive,
procedural (legally) institutional and capacity tools to effectively deal
with transnational online criminal activity.

Cyber-crime (in the substantive forms enumerated in the various bills doing
rounds) presents a simple conundrum for law: a more global law or a less
global internet? What does this mean in practice? First, that we need a
regional instrumen- and then multilateral global instrument that harmonizes
substantive offences (ensuring the principle of double criminality) and
substantive criminal procedure (Arrest Warrants and Evidence Sharing).

 This later bit is consequential because extra territorial executive action
is a violation of international law (Lotus- France v Turkey). It is also
crucial to have data frameworks that allow flexibility for law enforcement
(imagine judicial hurdles imposed every time inter state data transfers are
sought by law enforcement).Further, traditional methods of law enforcement
cooperation in the form of Mutual Legal Assistance Treaties (MLATS) are too
cumbersome opaque and resource needy to deal with the agile needs of
volatile data.

This is fundamental because technologies such as cloud computing and block
chain make a nonsense of the Westphalian model of territory and
jurisdiction.

regards,








On Thu, Mar 9, 2017 at 11:43 AM, kanini mutemi via kictanet <
kictanet at lists.kictanet.or.ke> wrote:

> This reactionary approach is quite ridiculous. I bet you the prosecutors
> will have a hard time even proving the crime. Some wouldn't even know what
> malware is. Now start explaining Salami to them.
>
> Well it's commendable CA seems to be doing something in this space
> http://www.nation.co.ke/news/Communication-Authority-open-
> centre-to-combat-cyber-crime/1056-3405682-5hjk2pz/index.html
>
> However, why open a centre for the sole purpose of reporting and
> investigating claims? Proactivity would be a better approach. The irony is
> how the CIA has taken this 'precautionary approach' to the next level as
> seen with the wikileaks dump.
>
>
> On Thu, Mar 9, 2017 at 7:26 AM, Mark Kipyegon via kictanet <
> kictanet at lists.kictanet.or.ke> wrote:
>
>> Even with the collusion claimed in the article, the failure of controls
>> that should prevent unauthorised physical and remote access to systems
>> is quite troubling.
>>
>> On 09/03/2017 06:18, kictanet-request at lists.kictanet.or.ke wrote:
>> >
>> > Today we get a glimpse of the magnitude of cyber crime in the country.
>> >
>> > Kenya Revenue Authority, several blue-chip banks, a parastatal and a
>> supermarket chain are some of the institutions penetrated by an
>> international cybercrime syndicate that took off with hundreds of millions
>> of shillings ? before they were all seized on Monday and Tuesday.
>> >
>> > Read on:-
>> >
>> > http://www.nation.co.ke/news/Police-bust-ring-of-hackers/105
>> 6-3842558-11h7q5xz/index.html
>> >
>> >
>>
>>
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>
>
> --
> *Mercy Mutemi, Advocate*.
>
>
>
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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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