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VIDEOS: Building a Feminist Internet
by David Indeje 15 Feb '23

15 Feb '23

Dear Listers, How can we counter discourse that challenges oppressive social norms using digital technologies? Through the "Our Voices Our Futures (OVOF)" project, we have developed short videos that create awareness and empower us towards what a Feminist Internet is all about. The Feminist Principles of the Internet are a series of statements that offer a gender and sexual rights lens on critical internet-related rights. The principles are Access, Movements, Economy, Expression, and Embodiment. They aim to provide a framework for women's movements to articulate and explore technology-related issues. Here is a link to the videos. Watch, listen, learn and share without forgetting to subscribe to our channel for more!! https://www.youtube.com/watch?v=8Gz-APT0sQA&list=PLYSO7PoCyXHSSfajweP5THtYq… -- *Kind Regards,* *David Indeje* *KICTANet Communications *_____________________________________ +254 (0) 711 385 945 | +254 (0) 734 024 856 KICTANet portals KICTANet.or.ke <https://kictanet.or.ke/> | Twitter <https://twitter.com/kictanet> | LinkedIn <https://www.linkedin.com/company/18428106/admin/> | Facebook <https://www.facebook.com/KICTANet/>

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Global Digital Compact - Stakeholder Input Needed
by Victor Kapiyo 14 Feb '23

14 Feb '23

Dear Listers, Following the political declaration adopted at the occasion of the United Nations’ 75th anniversary <https://undocs.org/en/A/RES/75/1> in September 2020, the Secretary-General in September 2021 released his report *Our Common Agenda*PDF <https://www.un.org/en/content/common-agenda-report/assets/pdf/Common_Agenda…>. The Common Agenda proposes a Global Digital Compact to be agreed at the Summit of the Future in September 2024 through a technology track involving all stakeholders: governments, the United Nations system, the private sector (including tech companies), civil society, grass-roots organizations, academia, and individuals, including youth. The Global Digital Compact is expected to “outline shared principles for an open, free and secure digital future for all”. The Common Agenda report suggests issues that it might cover, including digital connectivity, avoiding Internet fragmentation, providing people with options as to how their data is used, application of human rights online, and promoting a trustworthy Internet by introducing accountability criteria for discrimination and misleading content. Contributions are open by 31 March 2023 - see more information here - https://www.un.org/techenvoy/global-digital-compact Participate in informal consultations led by Sweden and Rwanda - https://www.un.org/techenvoy/global-digital-compact/intergovernmental-proce… Regards, *Victor Kapiyo* Partner | *Lawmark Partners LLP* *Nine Planet Apartments, Nairobi | **Web: www.lawmark.co.ke <http://www.lawmark.co.ke/> * ==================================================== *“Your attitude, not your aptitude, will determine your altitude” Zig Ziglar*

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JURISDICTION ON DATA PRIVACY BREACH COMPLAINTS
by Kukubo Masibo 13 Feb '23

13 Feb '23

Recently, there was a thread on the case against Safaricom by it's users on the privacy concerns in light of it's terms and conditions. I remember an argument as to which institution is specialised to handle such complaints - the Constitutional Court or the ODPC. I argued for the latter, here is an interesting case to support that. In Mwangi & another v Naivasha County Hotel t/a Sawela Lodges (Petition E003 of 2021) [2022] KEHC 10975 (KLR) (19 July 2022) (Ruling) The Petitioners alleged that the Respondent took photographs of them during a team building activity at the Respondent’s premises and proceeded to make posts on various social media platforms using the said pictures with the intention of marketing the Respondent’s products. The Petitioners averred that the actions of the Respondent violated their right to privacy as they did not consent to having their photos taken and the used The Court held that the matters raised by the Petitioners fall under the jurisdiction of the Data Protection Commissioner established under the Data Protection Act, 2019 and the Honourable Court acted to discourage invocation of the constitutional process where there exists a parallel or alternative statutory remedy. Will the class action against Safaricom suffer the same fate? And why the difference in jurisprudence emanating from the High Court? Why did they admit the Njeri Wanjiru V Machakos University case and throw this one out? What can be done to ensure the Courts develop consistent and synchronous decisions in this area? Kind regards Meshack K Masibo.

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Post Pandemic Economic Ripple Effects
by catherine kyalo 08 Feb '23

08 Feb '23

Post pandemic economic ripple effects or is it? Currently in Kenya, we are being allowed a limit of only 500 per outpatient visit under NHIF (not sure about inpatient), which by the way does not cover any tests however minute. What can you possibly get done with 500? When did the terms for NHIF change? Meanwhile, Meta Platforms Inc. is asking many of its managers and directors to transition to individual contributor jobs or leave the company as it tries to become more efficient, according to people familiar with the matter. https://www.bloomberg.com/news/articles/2023-02-07/meta-to-ask-many-manager… As if this is not enough, Zoom on Tuesday announced plans to cut about 1,300 workers or 15% of its workforce, citing the need to adjust to the "uncertainty of the global economy" https://www.google.com/amp/s/www.cnbc.com/amp/2023/02/07/zoom-to-lay-off-13… - -

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FULIZA LOSES CLOSE TO SH 500 MILLION TO SCAMMERS
by Victor Kapiyo 08 Feb '23

08 Feb '23

Seems our friends from Mulot are giving Safaricom a run for their money. Great to see that law enforcement are catching up. It will be interesting to see whether ODPP can successfully prosecute the offences and recover the funds. ****** Detectives have uncovered a high level syndicate where scammers have obtained close to Sh500 million through a popular mobile phone platform supported by mobile communication service provider, Safaricom. The service provider through its Fuliza overdraft service where customers can complete their MPESA transactions even when they do not have enough funds in their M-PESA account, lost the money in a well coordinated scheme by eight young men based in Nakuru and Trans-Nzoia counties. Isaack Kipkemoi, Gideon Rono, Maxwell Ributhu, Gideon Kirui, Moses Rono, Collins Kipyegon and Edwin Cheruiyot were arrested at an apartment in Kiamunyi, while the mastermind Peter Gitahi was arrested in Kitale, Trans-Nzoia County following the meticulous operation by our officers. The young men who were found in possession of thousands of Safaricom and Airtel SIM cards were using fraudulently generated identity cards numbers to register the SIM cards before proceeding to borrow money through the application. Detectives began investigations into this well choreographed fraud after a report was filled to the Banking Fraud Investigations Unit (BFIU) in August 2022, after the managers of the fund detected an unusual spike in Fuliza loan uptakes that were way above their performance scale and the borrowers were not repaying the loans. According to sleuths from BFIU, over 123,000 new mobile phone numbers opted into fuliza and took up loans in January 2022. Thereafter, the SIM cards were either fraudulently vacated or switched off and efforts to reach the customers turned futile. It is after further investigations that detectives realized that the SIM cards had been registered fraudulently by one of the suspects identified as Peter Gitahi, who is suspected to have access to the National Registration Bureau database, where he develops falsified identity numbers used in the high profile fraud. Preliminary investigations indicate that after developing the numbers and registering the lines he would sell them to his accomplices based in Nakuru who would then perpetuate the fraud. Further, the detectives uncovered that some of the lines had been registered as Safaricom agents where the borrowed funds would be deposited to personal bank accounts belonging to the individuals, disguised as Mpesa float. The seemingly industrious suspects would initially borrow money and repay thereby improving their credit scores, until the SIM cards achieved their limits when they would borrow for the last time before disposing the SIM card. One identity card would be used to register 5 lines in the daring SIM scam perpetuated by the young men, aged between 24-30 years. The suspects who live large in an apartment at Kiamunyi, have through their craft acquired 2 brand new Subarus, one Toyota Mark X, a Toyota Probox and two motorbikes for their ease of movement. During the operation, the detectives recovered 14 mobicom phones used in registering MPESA user SIM cards, 6laptops over 40 mobile phones, 7 routers, assorted Safaricom lines, over 1000 Safaricom subscribers registration forms, over 200 ATM cards from all major banks, car agreements among other exhibits. Detectives are currently interrogating the suspects for more insights into the high level fraud before arraigning them in court. #FichuakwaDCI 0800 722 203. https://www.facebook.com/100064587441038/posts/pfbid02NrhSdUtRuU9x5wM7yhTmn…

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eFNS Futuristic
by Gerhard May 08 Feb '23

08 Feb '23

Dear all, I have a technical problem with the Government's eFNS platform. Is there anybody fr Futuristic on this list or can somebody provide me a contact please. cheers, -- Gerhard May

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Re: KICTANet Digest, Vol 179, Issue 46
by __ Limo 03 Feb '23

03 Feb '23

unsubscribe me please http://www.bankelele.co.ke Twitter: @bankelele ________________________________ From: kictanet-request(a)lists.kictanet.or.ke <kictanet-request(a)lists.kictanet.or.ke> Sent: Thursday, February 2, 2023 1:47 PM To: Bankelele <bankelele(a)hotmail.com> Subject: KICTANet Digest, Vol 179, Issue 46 Send KICTANet mailing list submissions to kictanet(a)lists.kictanet.or.ke To subscribe or unsubscribe via email, send a message with subject or body 'help' to kictanet-request(a)lists.kictanet.or.ke You can reach the person managing the list at kictanet-owner(a)lists.kictanet.or.ke When replying, please edit your Subject line so it is more specific than "Re: Contents of KICTANet digest..." Today's Topics: 1. Re: KRA Should Keep of MPESA (Kukubo Masibo) 2. Re: Users allowed to sue Safaricom over clients bank details access (Kukubo Masibo) 3. Re: Users allowed to sue Safaricom over clients bank details access (James Mbugua) ---------------------------------------------------------------------- Message: 1 Date: Thu, 2 Feb 2023 12:15:22 +0300 From: Kukubo Masibo <kukubomasibo(a)gmail.com> Subject: [kictanet] Re: KRA Should Keep of MPESA To: "Kenya's premier ICT Policy engagement platform" <kictanet(a)lists.kictanet.or.ke> Message-ID: <CABMDN854Hbu4vjg11WbgfOKRoN1rcaN-A_mg+mVjdWuVwuudRg(a)mail.gmail.com> Content-Type: multipart/alternative; boundary="000000000000e3186205f3b40176" Interesting article James, I am also curious whether KRA has conducted a Data Protection Impact Assessment to assess the risks to personal data that come with the exercise and to introduce sufficient safeguards. Best regards, On Mon, Jan 30, 2023 at 11:44 AM James Mbugua via KICTANet < kictanet(a)lists.kictanet.or.ke> wrote: > Listers, > > See copied below unabridged version. > > Regards, > > JG > > KRA ACCESS TO M-PESA TRANSACTIONS IS A GRAVE THREAT TO PRIVACY ON DATA > PROTECTION WEEK > BY JAMES MBUGUA > As the Kenyan government looks for new ways to increase revenue collection > and curb tax cheating, the Kenya Revenue Authority has announced plans to > gain direct and warrantless access to M-Pesa transactions. While the > intentions of (KRA) may be noble, the methods proposed raise serious > concerns about privacy rights and the protection of personal data. > In fact, they constitute illegal searches and seizures contrary to Article > 31 of the Constitution of Kenya, and well established jurisprudence on > privacy rights from around the world. > Article 31 provides for the right to privacy and states that every person > has the right to privacy, which includes the right not to have their > person, home or property searched; their possessions seized; information > relating to their family or private affairs unnecessarily required or > revealed; or the privacy of their communications infringed. > Kenya’s Data Protection Act of 2019, provides in Section 4 that a data > subject’s consent must be sought before their data is collected and > processed. Section 15 requires data controllers to obtain a warrant from a > court of law before accessing personal data. This is to ensure that the > collection, processing and sharing of personal data is necessary and > proportionate. > The High Court of Kenya, in the case of Center for Rights Education and > Awareness (CREAW) v Attorney General [2013] , as well as in Maina Kiai v > Attorney General held that the government's surveillance of citizens' > communications without a warrant is a violation of the right to privacy > protected under the Constitution. > KRA’s proposal in the Budget Policy Statement released by the National > Treasury last week, ironically came on the eve of Data Protection Week when > the world marks the International Data Protection Day, on 28th January. > In Europe, whose General Data Protection Regulation (GDPR) we largely > modelled our Act on, the principle of necessity and proportionality, in > collection of personal data, has repeatedly been upheld by courts when > government agencies have tried to access citizens’ telecommunications > information without warrants. The courts have ruled that general and > indiscriminate retention of personal data is incompatible with EU laws and > constitutional rights, because it represents a serious interference with > the right to privacy and the protection of personal data > In the Digital Rights Ireland vs. Minister for Communications case, as > well as another called the Tele2 case, the European Court of Justice (ECJ) > ruled that a law requiring telecommunications service providers to retain > traffic and location data for a period specified by national law in order > to detect, investigate and prosecute crime was invalid. The Court > emphasized that any interference with the right to privacy and the > protection of personal data must be proportionate to the legitimate aim > pursued. > These cases reinforced the principle that any data retention measures must > be limited to what is strictly necessary to achieve a legitimate aim. > In Kenya’s case, it can be argued that KRA can achieve its mandate through > other means without large scale surveillance and interference with people’s > privacy. > Further, granting KRA unfettered access to M-Pesa transactions data > without the need for court orders, violates constitutional protection > against illegal searches and seizures, also provided for under Article 31 > of the Constitution. > In the United States, for example, the Supreme Court has ruled that the > government's warrantless access to historical cell phone location data is a > violation of the Fourth Amendment, which protects individuals against > unreasonable searches and seizures. The court found that the collection of > cell phone location data constitutes a search under the Fourth Amendment > and that the government must obtain a warrant based on probable cause > before accessing such data. > In Canada, the Supreme Court has ruled that the government's warrantless > access to historical telecommunications data is a violation of the right to > privacy protected under the Canadian Charter of Rights and Freedoms. The > court found that the collection of telecommunications data constitutes a > search under the Charter and that the government must obtain a warrant > based on a reasonable expectation of privacy before accessing such data. > _______________________________________________ > KICTANet mailing list -- kictanet(a)lists.kictanet.or.ke > To unsubscribe send an email to kictanet-leave(a)lists.kictanet.or.ke > -- Meshack K Masibo, Writer|Noisemaker|Lawyer Affiliated with KICTANet kictanet.or.ke

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Users allowed to sue Safaricom over clients bank details access
by Victor Kapiyo 03 Feb '23

03 Feb '23

The High Court has allowed millions of Safaricom subscribers to join a class action suit against the telecoms operator over a clause in the SIM card registration rules that allows the firm to collect bank details of mobile phone users. Clause 3.2.1 in the data privacy statement, which subscribers filled as part of the re-registration process, states that the telecoms operator can “collect and store information including credit or debit card information, information on bank account numbers, Swift codes or other banking information”. Read more: https://www.businessdailyafrica.com/bd/economy/users-allowed-to-sue-safaric… Looks like we are going to see a lot of privacy related litigation in the coming years. *Victor Kapiyo* Partner | *Lawmark Partners LLP* *Nine Planet Apartments, Nairobi | **Web: www.lawmark.co.ke <http://www.lawmark.co.ke/> * ==================================================== *“Your attitude, not your aptitude, will determine your altitude” Zig Ziglar*

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Fwd: [NRIs List] IGF 2023 Youth Track
by Barrack Otieno 03 Feb '23

03 Feb '23

Listers, To the Youth who are passionate about the Internet Governance Forum, this might be of interest to you. Best Regards ---------- Forwarded message --------- From: Anja Gengo <anja.gengo(a)un.org> Date: Thu, Feb 2, 2023 at 12:39 PM Subject: [NRIs List] IGF 2023 Youth Track To: Igfregionals(a)intgovforum.org <igfregionals(a)intgovforum.org> Dear Colleagues, This is to update you on the status of the IGF 2023 Youth Track. As you know, the first open planning meeting took place in January. The Youth IGF coordinators and other participants agreed that the track will follow the last year’s structure. The overall umbrella topic relates to cybersecurity and trust with a motto ‘Safe Digital Future’. It is expected that four capacity development workshops will take place in a leadup to the IGF 2023 Global Youth Summit hosted on 8 October in Kyoto. The Secretariat is in a process of confirming the delegated focal point from Youth IGFs (independent ones as well as those integrated in other NRIs) as well as participation from international youth-focused organizations. All members of the organizing team are contacted already to understand their formal engagement in this year. As confirmations are received, the profiles are added to the IGF 2023 Youth Track page *https://www.intgovforum.org/en/content/igf-youth-track* <https://www.intgovforum.org/en/content/igf-youth-track>. Please do let us know if your multistakeholder organizing teams would like to delegate a focal point to participate in the organizing team. Best regards, Anja _______________________________________________ Igfregionals mailing list Igfregionals(a)intgovforum.org To unsubscribe or manage your options please go to http://intgovforum.org/mailman/listinfo/igfregionals_intgovforum.org -- Barrack O. Otieno +254721325277 +254733206359 Skype: barrack.otieno PGP ID: 0x2611D86A

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Social media: UNESCO leads global dialogue to improve the reliability of information
by Gachungi, Lydia 03 Feb '23

03 Feb '23

________________________________ From: UNESCOPRESSE <unescopresse(a)unesco.org<mailto:[email protected]>> [6419f440e7b04a618f52b35a754fb4f1.png] PRESS RELEASE Social media: UNESCO leads global dialogue to improve the reliability of information Paris, 1 February - As part of its mandate, UNESCO has launched a global dialogue to provide guidelines for regulating digital platforms, to fight disinformation and hate speech and protect freedom of expression and human rights. The high point will be an international conference organized at the Organization's Paris headquarters on 21-23 February. This will result in the presentation by UNESCO, in mid-2023, of global guidelines for governments, regulatory bodies and digital companies. "The call is now coming loud and clear from all quarters. It is time to address one of the defining questions of our age, with implications for democracy and human rights worldwide: the challenge of how to support States in developing principles and rules for digital platforms so that they enable freedom of expression, and promote the availability of accurate and reliable information," said Audrey Azoulay, UNESCO's Director-General. A flawed business model Social media and other digital platforms have empowered people all over the world to communicate, share information, and transform their societies. But increasingly, these platforms are also breeding grounds for disinformation, hate speech and conspiracy theories. In recent years, the issue of monitoring and moderating content has been an important factor in violence, insurrection, marred elections and democratic transfers of power in scores of countries. Studies show that engagement can often be prioritized at any cost. This leads to algorithms favoring the most controversial content, because it triggers the most reaction, in spite of the evidence that this content can damage the fabric of our societies, sowing distrust, helping to seed extremism, and undermining fundamental human rights. There appear to be vast imbalances between regions and languages, with moderation resources sometimes distributed on the basis of financial or political interests, or far too late, in response to public outrage once violence or election meddling has already occurred. Global issues require global guidelines Many countries are advancing regulation to respond to these issues, but this has so far been uncoordinated and fragmented, with some countries clearly not in line with international norms on freedom of expression. Given the global dominance of a limited number of players, the need for a consistent global approach has never been more pressing than right now. As the United Nations agency for communication and information issues, UNESCO is leading global consultations on this topic, involving governments, regulatory bodies, digital companies, academia, civil society and UN agencies. This global dialogue will culminate in what is believed to be the first global conference specifically focused on guidance for the regulation of digital platforms, from 21 to 23 February 2023. Thousands of representatives from these groups are already registered to participate. UNESCO experts will then incorporate the feedback received during these discussions and engage in new rounds of consultations aiming to finalize and publish the first global guidelines on the topic in mid-2023. They will be used by governments, regulators, digital companies and other groups to implement policies and tools as needed, with UNESCO's expertise and support, while ensuring they are aligned to international human rights norms. UNESCO's initiative responds to the call from the UN Secretary General in "Our Common Agenda"<https://u7061146.ct.sendgrid.net/ls/click?upn=4tNED-2FM8iDZJQyQ53jATUQmCm09…> to address the spread of disinformation and the denial of scientifically established facts, which pose "an existential risk to humanity". UNESCO's mandate to provide guidelines for regulation UNESCO has a global mandate, enshrined in its constitution, to promote the free flow of ideas by word and image. It leads UN action to promote freedom of expression and access to information. This includes a decades-long history of providing guidance to and promoting cooperation between broadcast regulators and press councils, including by advancing international standards. The Windhoek+30 Declaration on Information as a Public Good<https://u7061146.ct.sendgrid.net/ls/click?upn=4tNED-2FM8iDZJQyQ53jATUW7aBwv…> in the Digital Age, endorsed by UNESCO's 193 Member States in 2021, calls for increased transparency of technology companies, support for the long-term viability of news media and teaching citizens everywhere media and information literacy. Under the leadership of its Director-General, Audrey Azoulay, UNESCO is specifically working to improve the transparency of digital platforms, including through developing a series of principles<https://u7061146.ct.sendgrid.net/ls/click?upn=4tNED-2FM8iDZJQyQ53jATUbsgtwT…> for transparency and accountability in the digital age. UNESCO also established the first global standard on the ethics of artificial intelligence<https://u7061146.ct.sendgrid.net/ls/click?upn=4tNED-2FM8iDZJQyQ53jATUUTfJv5…>, adopted unanimously by its Member States in 2021, which includes a specific call for "appropriate frameworks, including regulation" to address these issues. Media accreditation Journalists please register here<https://u7061146.ct.sendgrid.net/ls/click?upn=4tNED-2FM8iDZJQyQ53jATUUNb731…> Press contact Clare O'Hagan, c.o-hagan(a)unesco.org<mailto:[email protected]>, +33145681729 UNESCO Newsroom All our press releases<https://u7061146.ct.sendgrid.net/ls/click?upn=4tNED-2FM8iDZJQyQ53jATUUTfJv5…> Social media [Image]<https://u7061146.ct.sendgrid.net/ls/click?upn=4tNED-2FM8iDZJQyQ53jATUb8Hzhz…> [logo-instagram-png-fundo-transparente13]<https://u7061146.ct.sendgrid.net/ls/click?upn=4tNED-2FM8iDZJQyQ53jATUQbhipl…> [unesco_fr]<https://u7061146.ct.sendgrid.net/ls/click?upn=4tNED-2FM8iDZJQyQ53jATUXHRqec…> [Linkedin Logo -Logo Brands For Free HD 3D]<https://u7061146.ct.sendgrid.net/ls/click?upn=4tNED-2FM8iDZJQyQ53jATUegha2L…> If you would rather not receive future communications from UNESCO, let us know by clicking here.<https://u7061146.ct.sendgrid.net/ls/click?upn=4tNED-2FM8iDZJQyQ53jATUeYfdhr…> UNESCO, 7, place de Fontenoy, PARIS, NA FRANCE France

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KRA Should Keep of MPESA
by James Mbugua 02 Feb '23

02 Feb '23

Listers, See copied below unabridged version. Regards, JG KRA ACCESS TO M-PESA TRANSACTIONS IS A GRAVE THREAT TO PRIVACY ON DATA PROTECTION WEEK BY JAMES MBUGUA As the Kenyan government looks for new ways to increase revenue collection and curb tax cheating, the Kenya Revenue Authority has announced plans to gain direct and warrantless access to M-Pesa transactions. While the intentions of (KRA) may be noble, the methods proposed raise serious concerns about privacy rights and the protection of personal data. In fact, they constitute illegal searches and seizures contrary to Article 31 of the Constitution of Kenya, and well established jurisprudence on privacy rights from around the world. Article 31 provides for the right to privacy and states that every person has the right to privacy, which includes the right not to have their person, home or property searched; their possessions seized; information relating to their family or private affairs unnecessarily required or revealed; or the privacy of their communications infringed. Kenya’s Data Protection Act of 2019, provides in Section 4 that a data subject’s consent must be sought before their data is collected and processed. Section 15 requires data controllers to obtain a warrant from a court of law before accessing personal data. This is to ensure that the collection, processing and sharing of personal data is necessary and proportionate. The High Court of Kenya, in the case of Center for Rights Education and Awareness (CREAW) v Attorney General [2013] , as well as in Maina Kiai v Attorney General held that the government's surveillance of citizens' communications without a warrant is a violation of the right to privacy protected under the Constitution. KRA’s proposal in the Budget Policy Statement released by the National Treasury last week, ironically came on the eve of Data Protection Week when the world marks the International Data Protection Day, on 28th January. In Europe, whose General Data Protection Regulation (GDPR) we largely modelled our Act on, the principle of necessity and proportionality, in collection of personal data, has repeatedly been upheld by courts when government agencies have tried to access citizens’ telecommunications information without warrants. The courts have ruled that general and indiscriminate retention of personal data is incompatible with EU laws and constitutional rights, because it represents a serious interference with the right to privacy and the protection of personal data In the Digital Rights Ireland vs. Minister for Communications case, as well as another called the Tele2 case, the European Court of Justice (ECJ) ruled that a law requiring telecommunications service providers to retain traffic and location data for a period specified by national law in order to detect, investigate and prosecute crime was invalid. The Court emphasized that any interference with the right to privacy and the protection of personal data must be proportionate to the legitimate aim pursued. These cases reinforced the principle that any data retention measures must be limited to what is strictly necessary to achieve a legitimate aim. In Kenya’s case, it can be argued that KRA can achieve its mandate through other means without large scale surveillance and interference with people’s privacy. Further, granting KRA unfettered access to M-Pesa transactions data without the need for court orders, violates constitutional protection against illegal searches and seizures, also provided for under Article 31 of the Constitution. In the United States, for example, the Supreme Court has ruled that the government's warrantless access to historical cell phone location data is a violation of the Fourth Amendment, which protects individuals against unreasonable searches and seizures. The court found that the collection of cell phone location data constitutes a search under the Fourth Amendment and that the government must obtain a warrant based on probable cause before accessing such data. In Canada, the Supreme Court has ruled that the government's warrantless access to historical telecommunications data is a violation of the right to privacy protected under the Canadian Charter of Rights and Freedoms. The court found that the collection of telecommunications data constitutes a search under the Charter and that the government must obtain a warrant based on a reasonable expectation of privacy before accessing such data.

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The effects of Artificial Intelligence (AI) on the working lives of women
by Gachungi, Lydia 31 Jan '23

31 Jan '23

The effects of Artificial Intelligence (AI) on the working lives of women- https://unesdoc.unesco.org/ark:/48223/pf0000380861 This 2022 report, by the IDB, OECD and UNESCO, outlines current knowledge of the impact that AI systems have on women's opportunities for work, and their position, treatment and status in the workforce. It does so by exploring how AI is used within and outside the workplace, and how it could be used in the future. It looks at the potential impact of new and emerging AI technologies on the skills that employers will require, on how women look for and are hired for jobs, and on how jobs are structured through automated monitoring and oversight. The report maps the opportunities and challenges that AI presents for the working lives of women and highlights the complexities that varying national and regional contexts present for understanding the impact of AI on the work of women. The report also notes that current research does not offer a complete or definite picture of how AI impacts the working lives of women and calls for further research and analysis in this area. The report offers six findings: 1. Reskilling and upskilling women workers 1. Encouraging women in STEM 2. Accounting for contextual and cultural complexity 3. Leveraging multi-stakeholder approaches - G 4. Shaping gender stereotypes 5. Continuing applied research - Lydia Gachungi Regional Adviser on Freedom of Expression and Safety of Journalists Addis Ababa Liaison Office to the African Union and the United Nations Economic Commission for Africa/ National Office for Ethiopia. Niger Building, 1st Floor (ECA Compound) PO Box 1177 Addis Ababa, Ethiopia Office Tel: +251 115443786 Mobile No: +251 945505333/ + 254722803724 Email:[email protected] https://en.unesco.org/fieldoffice/addisababa/<https://eur03.safelinks.protection.outlook.com/?url=https%3A%2F%2Fen.unesco…> @LGachungi / @UNESCO_Addis [cid:[email protected]]

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KICTANET Morning Digest
by David Indeje 31 Jan '23

31 Jan '23

Start your day smarter! Open National Tender for the Provision of Telecommunication Mobile Active Infrastructure and Services in the Unserved and Underserved Areas of Kenya – PHASE 2 & 3 The Communications Authority of Kenya <https://www.linkedin.com/company/communications-authority-of-kenya/> has released a tender under the Universal Service Fund to provide Telecommunications Mobile Active Infrastructure and services in the unserved and underserved areas of Kenya. Twenty-nine underserved and unserved sub-locations under Phase 2 with a population of 67,165 people have been identified to benefit from a total USF subsidy of KES 262,839,956.26. Phase 3, with 68 sub-locations and a population of 403,783 people, will get a subsidy of KES 637,745,425.67. Please take a look below for details on how to bid and why USF is important in connectivity. https://bit.ly/3WPnbNY [image: Data Privacy Week 2023.jpeg] ICT Ministry Tasked to Issue Kenyans With Digital IDs To Replace Huduma Namba The Kenyan government is pushing for a nationwide digital ID scheme by the end of 2023. The digital identities (ID) are meant to replace the Huduma Namba, launched in 2019 by Uhuru Kenyatta's government. Is it a good thing or a bad thing? Mr John Walubengo poses the question: "The big question remains: will the CS for ICT and Digital Economy take the President's order to create a digital identity for Kenyans <https://www.kictanet.or.ke/mdocs-posts/data-protection-and-digital-identity…> differently? Or will he dump Huduma Namba, start afresh and repeat its mistakes? https://bit.ly/3HKpaie Misinformation and Disinformation in Kenya A study undertaken by Trends and Insights for Africa (TIFA), a Research company on Disinformation and the Role of Big Tech in Kenya report says Kenyans want educational campaigns to help people find and report Disinformation and fake news. (See attached). The report collaborates some of our findings in our Disinformation in Kenya's Political Sphere: Actors, Pathways and Effects <https://www.kictanet.or.ke/reports/#>. The research was part of a regional study conducted by CIPESA, that explores the nature, perpetrators and effects of misinformation in Cameroon, Ethiopia, Uganda, Nigeria and Kenya. [image: KICTANet Spaces.jpeg] #KICTANetSpaces <https://twitter.com/hashtag/KICTANetSpaces?src=hashtag_click> Pre Valentines Make a date with our Accessibility team, who shall host their second #KICTANetSpaces <https://twitter.com/hashtag/KICTANetSpaces?src=hashtag_click> about the online dating experiences for persons with disability (PWD). It has been scheduled for 13 February 2023 from 8:00 pm EAT. Would you wish to be on the panel? Kindly comment below. Here is the link to our previous session, "Raising Awareness on Accessibility & Inclusivity for PWDs" https://bit.ly/3JmZGsn <https://t.co/mary3QYy6k> Have yourself a great day! -- *Kind Regards,* *David Indeje* *KICTANet Communications *_____________________________________ +254 (0) 711 385 945 | +254 (0) 734 024 856 KICTANet portals KICTANet.or.ke <https://kictanet.or.ke/> | Twitter <https://twitter.com/kictanet> | LinkedIn <https://www.linkedin.com/company/18428106/admin/> | Facebook <https://www.facebook.com/KICTANet/>

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IoT-Policy-and-Attack-Report_FINAL.pdf
by Johnsey Kivoto 30 Jan '23

30 Jan '23

Hi members, Sharing useful report by Global Cyber Alliance. Hope you will find it useful. Thanks Johnsey Kivoto

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Call for Reseacher: Accessibility for Government of Kenya websites for Person's with Disabilities
by Judy Okite 24 Jan '23

24 Jan '23

Introduction KICTANET is currently seeking applications for independent researchers to audit the accessibility of public service websites in Kenya for Persons with Disabilities (PWDs). This research project is part of KICTANET’s Digital Access Program that seeks to promote the accessibility of digital technologies and platforms for Persons with Disability. The researcher will work closely with Accessibility fellows throughout the research project. Background According to the 2019 Kenya National Census, about 1 million Kenyans have some form of disability. Persons with Disabilities (PWDs) have a right to social justice and equality but can also make immense contributions to society if given the proper assistive tools. However, this is different. The challenges PWDs face in accessing information and services in the digital space became more pronounced during the COVID-19 Pandemic when multiple essential services from the government and the private sector were moved online for continuity. Information and services remained inaccessible to people with disabilities, especially those with visual, hearing, intellectual and physical disabilities. What seemed to be an effective response to the COVID-19 Pandemic had a completely opposite impact on Persons with disabilities. It is against this backdrop, KICTANET is conducting research on the ‘Accessibility of the government of Kenya websites for persons with disability.’ This initial research will focus on visual, hearing, and cognitive disabilities. Application process; Eligibility: The potential researcher must have experience in at least one of the following fields: public policy, governance, and human rights Must be proficient in both written and spoken English Must be Kenyan, living in Kenya at the time of the application and research process Academic qualification; web developer with proven skills in accessibility (please share links to accessible websites that you have worked on) Active membership to the KICTANet mailing list is a plus, but not a must. The application must include the following; Feasibility of the research in terms of timeline, etc List of tools to be used and collaborators, if any Links to any research that one has done or participated in At least two references *Application Deadline is 25th January 2023,11:59 pm EAT* Send your proposal to jokite(at)kictanet.or.ke with the subject: ‘Accessibility research proposal.’ In case of any questions regarding this call, please send them to the same address. Only qualified applicants will be invited for interviews. Kind regards, Kind Regards,

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PARTICIPATION: ICT technologies Regulatory Sandbox
by David Indeje 24 Jan '23

24 Jan '23

Dear Listers, The Communications Authority of Kenya is developing this regulatory sandbox with the aim of nurturing and supporting innovation by exploring the application of innovative regulatory solutions. It invites you on the proposed guidelines. https://www.ca.go.ke/consumers/public-consultations/open-consultations/ -- *Kind Regards,* *David Indeje* *KICTANet Communications *_____________________________________ +254 (0) 711 385 945 | +254 (0) 734 024 856 KICTANet portals KICTANet.or.ke <https://kictanet.or.ke/> | Twitter <https://twitter.com/kictanet> | LinkedIn <https://www.linkedin.com/company/18428106/admin/> | Facebook <https://www.facebook.com/KICTANet/>

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Re: KICTANet Digest, Vol 179, Issue 39
by perpetua mwangi 24 Jan '23

24 Jan '23

Very good idea! Sent from my iPhone > On 24 Jan 2023, at 10:00, kictanet-request(a)lists.kictanet.or.ke wrote: > > Send KICTANet mailing list submissions to > kictanet(a)lists.kictanet.or.ke > > To subscribe or unsubscribe via email, send a message with subject or > body 'help' to > kictanet-request(a)lists.kictanet.or.ke > > You can reach the person managing the list at > kictanet-owner(a)lists.kictanet.or.ke > > When replying, please edit your Subject line so it is more specific > than "Re: Contents of KICTANet digest..." > > Today's Topics: > > 1. Re: Coming soon: Data Protectors Podcast (Joel Cenas) > > > ---------------------------------------------------------------------- > > Message: 1 > Date: Tue, 24 Jan 2023 09:50:51 +0300 > From: Joel Cenas <ojayc19(a)gmail.com> > Subject: [kictanet] Re: Coming soon: Data Protectors Podcast > To: "Kenya's premier ICT Policy engagement platform" > <kictanet(a)lists.kictanet.or.ke> > Message-ID: > <CA+un+FEu==thXmq45Oz9_8YJJX6RnQfPfs4XmQ_sgAiNKctNyw(a)mail.gmail.com> > Content-Type: multipart/related; > boundary="00000000000072b46d05f2fcf0c7" > > This is awesome. > >> On Mon, Jan 23, 2023 at 5:12 PM Innocent Muteshi via KICTANet < >> kictanet(a)lists.kictanet.or.ke> wrote: >> >> Nice good idea there. >> >> On Mon, 23 Jan 2023, 3:27 p.m. David Indeje via KICTANet, < >> kictanet(a)lists.kictanet.or.ke> wrote: >> >>> [image: image.png] >>> Dear Listers, >>> >>> Happy new week from wherever you are. We are excited to inform you that >>> we shall be producing podcasts aimed at sparking conversation on how best >>> we can advance data privacy compliance in Kenya. >>> >>> We shall be sharing one each bi-weekly and we hope by the time we are >>> doing the 8th one, we shall not only be empowered but have created >>> conversations within this new field of data privacy and compliance in Kenya. >>> >>> As a wrap up, this week, our Trustee Mr John Walubengo is wondering >>> why Kenya launched its Blockchain strategy with much fanfare in 2019 and >>> then went deadly quiet. What is the way forward? >>> https://www.kictanet.or.ke/blockchain-strategy-did-kenya-drop-the-ball/ >>> >>> >>> >>> >>> -- >>> *Kind Regards,* >>> >>> *David Indeje* >>> >>> >>> *KICTANet Communications *_____________________________________ >>> +254 (0) 711 385 945 | +254 (0) 734 024 856 >>> KICTANet portals >>> KICTANet.or.ke <https://kictanet.or.ke/> | Twitter >>> <https://twitter.com/kictanet> | LinkedIn >>> <https://www.linkedin.com/company/18428106/admin/> | Facebook >>> <https://www.facebook.com/KICTANet/> >>> _______________________________________________ >>> KICTANet mailing list -- kictanet(a)lists.kictanet.or.ke >>> To unsubscribe send an email to kictanet-leave(a)lists.kictanet.or.ke >>> >> _______________________________________________ >> KICTANet mailing list -- kictanet(a)lists.kictanet.or.ke >> To unsubscribe send an email to kictanet-leave(a)lists.kictanet.or.ke >> >

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Coming soon: Data Protectors Podcast
by David Indeje 24 Jan '23

24 Jan '23

[image: image.png] Dear Listers, Happy new week from wherever you are. We are excited to inform you that we shall be producing podcasts aimed at sparking conversation on how best we can advance data privacy compliance in Kenya. We shall be sharing one each bi-weekly and we hope by the time we are doing the 8th one, we shall not only be empowered but have created conversations within this new field of data privacy and compliance in Kenya. As a wrap up, this week, our Trustee Mr John Walubengo is wondering why Kenya launched its Blockchain strategy with much fanfare in 2019 and then went deadly quiet. What is the way forward? https://www.kictanet.or.ke/blockchain-strategy-did-kenya-drop-the-ball/ -- *Kind Regards,* *David Indeje* *KICTANet Communications *_____________________________________ +254 (0) 711 385 945 | +254 (0) 734 024 856 KICTANet portals KICTANet.or.ke <https://kictanet.or.ke/> | Twitter <https://twitter.com/kictanet> | LinkedIn <https://www.linkedin.com/company/18428106/admin/> | Facebook <https://www.facebook.com/KICTANet/>

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De La Rue sheds 300 Nairobi jobs as it is disrupted by technology financial services
by Mwendwa Kivuva 23 Jan '23

23 Jan '23

Technology is disrupting dinosaurs. The government does not need banknotes. Technology is affecting De La Rue because, with mobile banking, the demand for security documents has dropped. Kenya has has become a magnet for technology firms and financial service companies seeking a hub for a larger share of the African market. https://www.businessdailyafrica.com/bd/corporate/companies/-de-la-rue-sheds… -- Best Regards, ______________________ Mwendwa Kivuva, Nairobi, Kenya https://www.linkedin.com/in/mwendwa-kivuva

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PRIVACY NIGHT QUIZ
by muthiru wangechi 23 Jan '23

23 Jan '23

Dear Listers, Lawyers hub is organizing a privacy night quiz on the 26th January 2023 from 6:00pm to 8:00pm. Attached herein is the registration link and a poster with more details. https://www.eventbrite.com/e/lawyers-hub-privacy-quiz-night-tickets-5224592… Kind Regards, Tabitha.

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Data Privacy Week by ODPC_KE
by Adrian Teri 20 Jan '23

20 Jan '23

Good day all, Have just seen a tweet from @ODPC_KE on Twitter that they'll be a week's long of activities on Data Privacy. Any engagement/attendance from KictaNet Listers or even the organisation itself? https://twitter.com/GergelyOrosz/status/1616092604516409346?s=20&t=Ktz2II7e… Regards, Adrian Teri

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AI and ethics. Samasource and ChatGPT: OpenAI Used Kenyan Workers to Make ChatGPT Less Toxic
by Mwendwa Kivuva 19 Jan '23

19 Jan '23

*This is a human centric story on Artificial Intelligence (AI) Ethics.* *An interesting piece by Time magazine on the role and dangers of teaching AI, where Kenyan workers were used to train ChatGPT models.* *I have left the graphical parts out. For anyone who want to read through, the link is shared at the end. But this shows how we are creating psychologically disturbed workers in our communities. How are these workers integrated back to the community without being damaged?* Documents reviewed by TIME show that OpenAI signed three contracts worth about $200,000 in total with Sama in late 2021 to label textual descriptions of sexual abuse, hate speech, and violence. Around three dozen workers were split into three teams, one focusing on each subject. Three employees told TIME they were expected to read and label between 150 and 250 passages of text per nine-hour shift. Those snippets could range from around 100 words to well over 1,000. All of the four employees interviewed by TIME described being mentally scarred by the work. Although they were entitled to attend sessions with “wellness” counselors, all four said these sessions were unhelpful and rare due to high demands to be more productive at work. Two said they were only given the option to attend group sessions, and one said their requests to see counselors on a one-to-one basis instead were repeatedly denied by Sama management. *Is Samasource breaking any local laws by handling data that is proscribed by several acts in Kenya? Read on.* In February 2022, Sama and OpenAI’s relationship briefly deepened, only to falter. That month, Sama began pilot work for a separate project for OpenAI: collecting sexual and violent images—some of them illegal under U.S. law—to deliver to OpenAI. The work of labeling images appears to be unrelated to ChatGPT*.* In a statement, an OpenAI spokesperson did not specify the purpose of the images the company sought from Sama, but said labeling harmful images was “a necessary step” in making its AI tools safer. (OpenAI also builds image-generation <https://time.com/collection/best-inventions-2022/6225486/dall-e-2/> technology.) In February, according to one billing document reviewed by TIME, Sama delivered OpenAI a sample batch of 1,400 images. Some of those images were categorized as “C4”—OpenAI’s internal label denoting child sexual abuse—according to the document. Also included in the batch were “C3” images (including bestiality, rape, and sexual slavery,) and “V3” images depicting graphic detail of death, violence or serious physical injury, according to the billing document. OpenAI paid Sama a total of $787.50 for collecting the images, the document shows. Questions to ask ourselves: *Who should review AI systems if not humans? * *How should the humans be treated?* *What laws govern these new spheres of concern?* *The silver lining is that Samasource is working to provide a safer environment for its workers, and to an extension the Kenyan public. It has terminated contracts from projects that are traumatizing its employees. The sad bit is that some employees were also laid off due to lost revenue*. Samasource and ChatGPT: OpenAI Used Kenyan Workers on Less Than $2 Per Hour to Make ChatGPT Less Toxic https://time.com/6247678/openai-chatgpt-kenya-workers/?s=09 -- Best Regards, ______________________ Mwendwa Kivuva, Nairobi, Kenya https://www.linkedin.com/in/mwendwa-kivuva

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Unpacking Enforcement Decisions by the ODPC
by Mugambi Laibuta 19 Jan '23

19 Jan '23

Good day Listers, Join our Twitter Space this evening at 7:30pm Topic: Unpacking Enforcement Decisions by Kenya's Data Commissioner. Link : https://lnkd.in/det6M4Vh Regards, Laibuta

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High Court suspends bank to M-Pesa transaction charges
by Victor Kapiyo 19 Jan '23

19 Jan '23

The High Court has ordered Safaricom and the central bank to halt re-introduction of charges on transactions made between mobile money wallets and lenders pending determination of a suit involving financial consumer rights. Read more: https://nation.africa/kenya/business/high-court-suspends-bank-to-m-pesa-tra…

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Majority World Initiative Fellow
by Victor Kapiyo 17 Jan '23

17 Jan '23

Dear Listers, The Yale ISP is hiring a fellow for its new Majority World Initiative <https://law.yale.edu/yls-today/news/isp-launches-majority-world-initiative-…> . The MWI Fellowship is an opportunity for a research scholar to build and engage with a community of majority world scholars, nurturing their ideas and finding ways to publish and amplify them. A J.D., Ph.D., or equivalent degree is required. The ideal candidate will be familiar with social media governance scholarship and with the challenges majority world researchers face while thinking and writing about global online platforms. They will also have excellent interpersonal and organizational skills, will be capable of writing persuasively. We encourage candidates from the majority world to apply. The duties of the MWI Fellow may include: - Identifying thematic focus areas in consultation with the Executive Director - Building relationships with majority world scholars - Writing white papers or academic articles, and publishing blog posts and op-eds - Commissioning papers and blog posts from scholars, and publishing interviews with them - Executing the MWI project, including organizing workshops and a conference, and working with the others involved in the project and institution when necessary - Supporting the Executive Director, and coordinating with the ISP staff and Yale law school staff wherever necessary The Fellow will receive a fellowship salary of USD 50,000-80,000 per year depending on prior relevant work experience as well as a travel budget, Yale University benefits, and access to Yale University resources. The Fellow is expected to live in the New Haven area and be a part of the ISP community. Application materials should include: - A cover letter - A 3 to 5-page statement describing the applicant’s interest and relevant experience - A resume or CV - A law and/or graduate school transcript - At least one scholarly writing sample, preferably in English - Two to three letters of recommendation We welcome applications immediately and will consider them beginning on December 15, 2022 until the position is filled. We expect the fellow to start by March 1, 2023. Questions and applications should be sent to Ann-Marie Cooper (ann-marie.cooper(a)yale.edu) Please indicate clearly that the application is for the MWI Fellow position. Here is the call for applications <https://law.yale.edu/isp/join-us>. Regards, *Victor Kapiyo* Partner | *Lawmark Partners LLP* *Nine Planet Apartments, Nairobi | **Web: www.lawmark.co.ke <http://www.lawmark.co.ke/> * ==================================================== *“Your attitude, not your aptitude, will determine your altitude” Zig Ziglar*

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