July 2016 - KICTANet

Internet Society Kenya Chapter AGM this Saturday 30th July 2016, from 2pm to 5pm
by Mentor Ida 28 Jul '16

28 Jul '16

Dear Listers, Please confirm your attendance URGENTLY for the Internet Society Kenya Chapter AGM this Saturday 30th July 2016, from 2pm to 5pm, at iHub Research, 2nd floor, Bishop Magua Centre, opposite Uchumi Hyper, along Ngong Road. Humbly, if too busy or held up, kindly just come & register then leave, we need your signature as endorsement to adopt the new Constitution, thus getting our Chapter, back to its normal operation status. Thanks in advance. Best Regards Eng. Martin Obuya President/Chairman ISOC Kenya Best, Ida Ida Ng'ang'a Director, Strategic Partnerships Regional Consortium for Development (RCD Africa) Member: Internet Society (ISOC) New York and Kenya Member: National AGOA Committee Ministry of Foreign Affairs & International Trade Representative: AU Chapter - Kenya Representative: Copenhagen Consensus Founder: Association of Young Professionals and Entrepreneurs Founder: Global Network of Young Women Leaders Commissioner for Gender - African Youth Commission Prolific Woman 2015 by Mara Foundation and United Nations. Leaders in Kenya Award 2014 & 2015. Runner Up: Timeless Woman Governance Award. Nominee: Duke of Edinburgh CSC Global Leaders. Civil Society Spokesperson: Geneva Declaration on Armed Violence and Conflict. www.rced.org www.about.me/ida.mentor Cell: +254 728848811 / +254 771726925 Email: idanganga@gmail.com/ida.nganga@rced.org

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Computer and Cyber crimes bill 2016 Day 2 of 5 Part III Investigation Procedures
by Kelvin Kariuki 28 Jul '16

28 Jul '16

Dear Listers, Thank you for your contribution on yesterdays discussions on the offences, feel free to still comment on it under that mail stream posted by Barrack yesterday. Today we discuss the Investigation Procedures of this bill. It outlines the powers and procedures to be followed by the authorities in carrying out computer and cyber related offences investigations. This section touches on pertinent issues as outlined below: 20 — Scope of procedural provisions 21 — Search and seizure of stored computer data 22 — Power to search without a warrant in special circumstances 23 — Record of and access to seized data 24 — Production order 25 — Expedited preservation and partial disclosure of traffic data 26 — Real-time collection of traffic data 27 — Interception of content data 28 — Obstruction and misuse 29 — Appeal 30 — Confidentiality and limitation of liability You can access the bill here: http://www.mygov.go.ke/?p=11234 or download the attached document. *The Concerns* 1. To what extent are the service providers supposed to disclose their client data to the authorities? 2. Does any of the search or seizure powers given to authorities in this section violate any privacy rights enshrined in our constitution? 3. Has this part extensively covered all the investigation procedures required for all the offences stated in part II? 4. Does it match the international standards? If it does not, kindly point out areas that need to be incorporated into the bill. N/B: Feel free to raise any concern or question not suggested here. We are looking forward to your feedback on the above concerns and much more. Thank you. Barrack and Karis. -- Best Regards, Kelvin Kariuki Twitter Handle: @teacherkaris Alt email: kkariuki(a)mmu.ac.ke Mobile: +2547 29 385 557

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Prevailing clause
by Alfred Kinyua 28 Jul '16

28 Jul '16

This might bring about a sharp contrast between county and national laws, (though most counties are yet to develop any on ICT cyber crime), counties in Kenya envisage themselves as autonomous and as so might want to litigate internally. I think the Prevailing Clause act should be clear and specific enough to highlight its scope.

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Computer and Cyber Crimes bill 2016 Day 4 of 5 Part IV General Provisions
by Kelvin Kariuki 28 Jul '16

28 Jul '16

Dear Listers, Thank you for your contribution on the previous days discussions, feel free to still comment on them under their respective mail stream. Today we discuss Part IV on General Provisions withing the bill, this part outlines the following sub-sections: 40 — Territorial jurisdiction 41 — Forfeiture 42 — Prevailing clause 43 — Consequential amendments 44 — Regulations You can access the bill here: http://www.mygov.go.ke/?p=11234 or download the attached document. The Concern 1. The Prevailing Clause states ~ "Whenever there is a conflict between this Act and any other law regarding cybercrimes, the provisions of this Act shall supersede any such other law." What does this really imply? 2. Is there any other concern you want to raise on this part? If Yes, please feel free to highlight it on this mail stream. We are looking forward to your discussions on this topic. Thank you. Barrack and Karis. -- Best Regards, Kelvin Kariuki Twitter Handle: @teacherkaris Alt email: kkariuki(a)mmu.ac.ke Mobile: +2547 29 385 557

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On Cybersecurity: Mapping Civil Society Actors
by Nanjira Sambuli 27 Jul '16

27 Jul '16

Hi folks, as we discuss the Cybersecurity Bill, please ping me separately if you work on cybersecurity issues at any level, as civil society actors. Finalising a mapping study of actors in the landscape. Thanks to KICTANet, Article 19 and CIPIT for their responses. If there are others represented here doing important work in the space, tafadhali let me know :) Regards, Nanjira. www.nanjira.com <http://www.nanjira.com/> About.Me <http://about.me/ninanjira>| Twitter <http://www.twitter.com/ninanjira>| LinkedIn <https://www.linkedin.com/in/nanjira>| Skype <http://hatscripts.com/addskype?nanjirasambuli> IM: +254722481566 (WhatsApp | Telegram | iMessage)

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Computer and Cyber crimes bill 2016 Day 3 of 5 Part IV International Corporation
by Kelvin Kariuki 27 Jul '16

27 Jul '16

Dear Listers, The days are moving fast and we are already on day 3 of our discussions on this important and crucial bill. Thank you for your continued input on the previous Parts, remember you can still comment on them under the respective mail stream. Today's discussion focuses on the International Corporation when it comes to the investigation of criminal offences related to computer systems and data. This part outlines the following sub-sections: 31 — General principles relating to international co-operation 32 — Spontaneous information 33 — Expedited preservation of stored computer data 34 — Expedited disclosure of preserved traffic data 35 — Mutual assistance regarding accessing of stored computer data 36 — Trans-border access to stored computer data with consent or where publicly available 37 — Mutual assistance in the real-time collection of traffic data 38 — Mutual assistance regarding the interception of content data 39 —Point of contact You can access the bill here: http://www.mygov.go.ke/?p=11234 or download the attached document. *The Concerns* 1. Does this part match-up the international standards and comply with the Mutual Legal Assistant act of 2011. 2. Has the central authority been given any powers that will contravene our basic privacy rights? 3. Is there any other concern you want to raise on this part? If Yes, please feel free to highlight it on this mail stream. We are looking forward to a fruitful discussion today. Thank you. Barrack and Karis. -- Best Regards, Kelvin Kariuki Twitter Handle: @teacherkaris Alt email: kkariuki(a)mmu.ac.ke Mobile: +2547 29 385 557

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Social divide stays in online learning
by Davis Onsakia 27 Jul '16

27 Jul '16

Social divide stays in online learning 'The economics think tank found that in many countries wealthy and poor pupils spent similar amounts of time online. But richer youngsters were much more likely to use the internet for learning rather than games. The study argues that even with equal access to technology a "digital divide" persists in how the internet is used.' How so true and so sad. http://www.bbc.co.uk/news/business-36835585

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NGA Investors dinner
by Eric M K Osiakwan 26 Jul '16

26 Jul '16

New Generation Angels Private Investment Dinner this Friday, 29 July at the Tribe Hotel in Nairobi, Kenya. Guest speak for the evening is Mr. Eric Osiakwan, Managing Director of Chanzo Capital. Eric is a Tech Entrepreneur and Angel Investor with 15 years of ICT industry leadership and experience across Africa and the World. The conversation for the dinner will be focused on "The Missing Middle in the Funding Ecosystem”. Our guests will include Tech Entrepreneurs, SMEs, Creatives, Impact Investors and financial institutions such as Intellecap, EAVCA, Viktoria Ventures, and Novastar to name a few. See the attached flyer for further details. You can purchase tickets via the link below. Purchase Ticket <http://www.ticketbase.com/events/newgeninvestors-dinner>

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Re: [kictanet] [isoc_ke] Computer and Cyber crimes bill 2016 Day 1 of 5 Part 2Offences
by Wangari Kabiru 26 Jul '16

26 Jul '16

Blessed Monday! Does any of the below circulation "on internet banking" have grounds? Our experts may enlighten....and if we have a unit "Cyber Police" However, cyber crime may have many players who require to cooperate to be involved to investigate out a matter and make it a legit case. This scenario would definitely affect e-commerce thus what would be sought of the cyber law is to enhance confidence, trust, be skilful and speed. Blessed day. Regards/Wangari ≠========= How can your bank account with internet banking facility be hacked? Worth reading... 1. Hacker accesses your name and date of birth from Facebook. 2. With these details he goes to the IncomeTax site and updates them. From there he obtains the pan card and mobile numbers. 3. Then he gets a duplicate pan card made. 4. After this he lodges a mobile theft complaint in a police station. 5. With the duplicate pan card he gets another sim card from the mobile company. 6. Through internet banking he is now ready to access your account. 7. He goes to the site and uses the forgot my password option. 8. Now he easily gets past other options and gets the Internet banking pin on his simcard. This information was issued by the Cyber Cell Police. All those who used Net Banking are requested to edit Facebook profile and delete the birth date and mobile no. as a safety measure. Forwarded as received. Bankers is it true? On Jul 25, 2016 09:33, Barrack Otieno via isoc <isoc(a)lists.my.co.ke> 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 > > _______________________________________________ > isoc mailing list > isoc(a)lists.my.co.ke > http://lists.my.co.ke/cgi-bin/mailman/listinfo/isoc

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Re: [kictanet] Computer and Cyber crimes bill 2016 Day 1 of 5 Part 2 Offences
by Mark Kipyegon 26 Jul '16

26 Jul '16

On 26/07/2016 9:08 AM, kictanet-request(a)lists.kictanet.or.ke wrote: > > 2. Cloud Based services- How will crimes relating to data that resides on a > Virtual Hosting server be treated. For instance, if someone procures cloud > facilities from Safaricom and uses the same for prohibited purposes such as > storage of child pornography, who will be held liable in this case? Is it > the client or the service provider? I can almost see Sir Bob Collymore and > his principal officers being jailed under section 16. Section 30 of the bill protects service providers from civil and criminal liability. This is similar to safe habour provisions in the US Digital Millennium Copyright Act.

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