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Re: [kictanet] Call for input into Election Laws (Amendment) Bill, 2017 and Election Offences (Amendment) Bill 2017
by S.M. Muraya 07 Oct '17

07 Oct '17

Kanini, Check paragraph 257 on page 107 of the Supreme Court majority ruling.. "Was he in the same vein also admitting that not *all* Forms 34A had been electronically transmitted to the National Tallying Centre from the polling centres as required by law?" Paragraph 258: "not scanning all Forms 34A and simultaneously transmitting them to the NTC" Paragraph 260 (b) Whether all the Forms 34A had been electronically transmitted from the polling stations to the National Tallying Centre. Paragraphs 262-266 - further emphasizing of electronic transmission, no sane person is bound to ignore. Not sure how the Supreme Court complied with Article 159(2)(d) of the Constitution, but it seems like FOUR Supreme Court judges chose to focus on the procedural technicalities.. the scanning + electronic transmission of *ALL* form 34a's to the National Tallying Centre, before the announcement of results. On Wed, Oct 4, 2017 at 8:45 PM, kanini mutemi <kaninimutemi(a)gmail.com> wrote: > I get the gist but yes I think there's an error in reporting. The correct > position in my view: > 1. Electronic transmission is the bedrock > 2. Guidelines on use of the electronic system extend to setting up a > complementary system > 3. IEBC should set up a complementary system for transmission. > > On Wed, 4 Oct 2017 at 20:38 S.M. Muraya <murigi.muraya(a)gmail.com> wrote: > >> Kanini, >> >> Do you see any problem (conflict) with the statements below? (could be >> journalistic error) >> >> http://www.capitalfm.co.ke/news/2017/09/iebc-directed- >> deploy-alternative-oct-17-case-technology-fails/ >> >> Sep 20 – The Supreme Court has directed the Independent Electoral and >> Boundaries Commission (IEBC) to put in place a complementary system for the >> fresh October 17 presidential poll, in compliance with Section 44A of the >> Elections Act. >> >> Chief Justice David Maraga said the court could not simply overlook the >> negation of guidelines on the use of technology in the transmission of >> results saying the electronic transmission was the bedrock upon which the >> new election laws passed by the bi-cameral Parliament were anchored. >> >> >> On Wed, Oct 4, 2017 at 8:12 PM, kanini mutemi via kictanet < >> kictanet(a)lists.kictanet.or.ke> wrote: >> >>> The current Section 44A of the Elections Act allows IEBC to set up a >>> *complementary* system for transmission of results. I believe that >>> should take care of those instances. What the Bill proposes is to have two >>> parallel systems where the manual is superior. >>> >>> On Wed, 4 Oct 2017 at 20:01 S.M. Muraya via kictanet < >>> kictanet(a)lists.kictanet.or.ke> wrote: >>> >>>> >>>> If electronic transmission of results is the only prescribed option in >>>> the current act, then an amendment is now inevitable ): >>>> >>>> Technology firms have indicated, it may not be possible to >>>> electronically transmit all results from all polling stations. >>>> >>>> Forms 34b, transmitted from the Constituency tallying center are >>>> already described as too bulky.. >>>> >>>> http://www.nation.co.ke/news/politics/Wafula-Chebukati- >>>> outlines-tough-demands-on-OT-Morpho-/1064-4119384-10rr6uaz/index.html >>>> >>>> >>>> >>>> >>>> >>>> >>>> >>>> >>>> >>>> *Further, on plans by the commission to display all the forms 34B from >>>> constituencies, the firm says it is technologically impossible to do this >>>> given the bulky nature of the forms.DATA CAPACITYMr Chebukati insists that >>>> the tech firm should enhance its data capacity to accommodate the bulk >>>> data.“Please not that since OT-Morpho are the ones who receive the forms >>>> 34A first, they must make them public. Text results without forms, shall >>>> not be allowed in whatever circumstances,” he tersely says.He instructs >>>> them to avoid a situation that happened in August where some 10,000 polling >>>> stations sent results without forms.* >>>> >>>> On Wed, Oct 4, 2017 at 5:06 PM, Barrack Otieno via kictanet < >>>> kictanet(a)lists.kictanet.or.ke> wrote: >>>> >>>>> Listers, >>>>> >>>>> Proposed election amendments make electronic results irrelevant >>>>> >>>>> >>>>> In Summary >>>>> >>>>> Specifically, proposed amendments kill the need to have electronic >>>>> results, given that the manual ones are legally authoritative. >>>>> To bury the ICT agenda for good, the amendments propose total >>>>> mutilation of Section 44 (use of technology) by deleting subsections >>>>> 5, 6, 7 & 8. >>>>> One gets the feeling that these amendments are more geared towards >>>>> supporting ICT-illiterate lawyers in the next presidential petition. >>>>> >>>>> read more: >>>>> http://www.nation.co.ke/oped/blogs/dot9/walubengo/2274560- >>>>> 4124394-k96oxc/index.html >>>>> >>>>> >>>>> >>>>> On 10/4/17, Lawrence Dinga, CISSP via kictanet >>>>> <kictanet(a)lists.kictanet.or.ke> wrote: >>>>> > I completely concur with the views so far. >>>>> > >>>>> > It is evident from the current mood of the country that the >>>>> amendments to >>>>> > the Election Laws are not all inclusive and the general feeling is >>>>> that it >>>>> > is more of a political game undermining the electoral commission >>>>> ahead of >>>>> > the repeat presidential elections. As Barrack says, our key interest >>>>> is >>>>> > promoting the best use of ICT to bring lasting solutions to our >>>>> myriad >>>>> > problems. >>>>> > >>>>> > As we are aware, the contentious issue that led to the nullification >>>>> of the >>>>> > presidential election was that IEBC refused to open the servers for >>>>> scrutiny >>>>> > and get the logs for analysis. The reason they were citing is that >>>>> servers >>>>> > are not located in Kenya and "the custodians were still asleep" >>>>> while the >>>>> > logs were needed by the Supreme Court. This brings my point of Data >>>>> > Protection and Residency Laws in Kenya. (Please I do apologise in >>>>> advance >>>>> > incase there are any such laws which I am ignorant of). If only >>>>> KICTANet >>>>> > could engage in such initiatives as to help Kenya in having Data >>>>> Protection >>>>> > and Residency Laws, then that would solve a lot of problems for the >>>>> nation. >>>>> > As it turns out, many of us were victims of data privacy violations >>>>> in 2013 >>>>> > when most of us found themselves to be members of various political >>>>> parties >>>>> > without their knowledge. Technology is changing rapidly and shaping >>>>> our ways >>>>> > of life and that is why even Europe is replacing the old EU Data >>>>> Protection >>>>> > Directive which has been there since 1998 with the new legislation >>>>> that is >>>>> > far more comprehensive than our old Act, the journey that started >>>>> way back >>>>> > in 2012. >>>>> > >>>>> > We can start somewhere by KICTANet initiating stakeholders workshops >>>>> to >>>>> > educate the public on basic understanding of personal data, what data >>>>> > privacy means to everyone, protecting your digital identity and how >>>>> to >>>>> > respond to a data breach. This may culminate into some select >>>>> committee of >>>>> > technology and legal professionals to draft our data protection >>>>> regulation. >>>>> > I think by this we will have contributed something we can be proud >>>>> of as >>>>> > KICTANet instead of involving ourselves in a process which is viewed >>>>> by many >>>>> > Kenyans as not all inclusive and could be having some sinister >>>>> motives. >>>>> > >>>>> > That is just my opinion >>>>> > >>>>> > Regards >>>>> > >>>>> > Lawrence Dinga, MSc. (InfoSec & Forensics), CISSP >>>>> > Managecom Systems Ltd >>>>> > +254 721226324/ 0733973999 >>>>> > >>>>> > >>>>> > From: Ali Hussein via kictanet >>>>> > Sent: Wednesday, October 04, 2017 11:57 AM >>>>> > To: ldinga(a)managecom.co.ke >>>>> > Cc: Ali Hussein >>>>> > Subject: Re: [kictanet] Call for input into Election Laws >>>>> (Amendment) Bill, >>>>> > 2017 and Election Offences (Amendment) Bill 2017 >>>>> > >>>>> > I agree with Barrack. >>>>> > >>>>> > We may object to some or all of the amendments but we must adhere to >>>>> the >>>>> > spirit of our new constitution, part of which specifically urges the >>>>> Govt >>>>> > and the citizenry to engage through public participation. It is also >>>>> > critical that we in the sector don’t create a vacuum in this space >>>>> for >>>>> > nature surely abhors a vacuum. >>>>> > >>>>> > >>>>> > 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 4 Oct 2017, at 10:21 AM, Barrack Otieno via kictanet >>>>> > <kictanet(a)lists.kictanet.or.ke> wrote: >>>>> > >>>>> > >>>>> > Hi John, >>>>> > >>>>> > I think it is worth commenting otherwise someone else will comment >>>>> on >>>>> > our behalf. We have many Kenyans with public interest at heart who >>>>> > contribute towards the many strides this country makes yet we keep >>>>> > reversing the same without thinking through well. We should rise >>>>> up in >>>>> > one accord and say no to what is not right for our nation without >>>>> fear >>>>> > or favour, i beleive the network is apolitical, our key interest in >>>>> > promoting the best use of ICT's. >>>>> > >>>>> > Regards >>>>> > >>>>> > On 10/4/17, John Kieti <jkieti(a)gmail.com> wrote: >>>>> > >>>>> > My sense is that the ammendments are rushed if not too >>>>> reactionary. >>>>> > Also >>>>> > >>>>> > too close to an election (Just days!). As Grace Bomu observes, >>>>> there is >>>>> > >>>>> > much we could contribute but with the nature of the process, you >>>>> wonder >>>>> > >>>>> > whether its worth putting our valuable time in it. >>>>> > >>>>> > >>>>> > >>>>> > On Wed, Oct 4, 2017 at 10:10 AM, Barrack Otieno via kictanet < >>>>> > >>>>> > kictanet(a)lists.kictanet.or.ke> wrote: >>>>> > >>>>> > >>>>> > >>>>> > Dear Grace, >>>>> > >>>>> > >>>>> > >>>>> > I object to the amendments . I have gone through the bill and >>>>> found >>>>> > >>>>> > some of the amendments to be ill advised. I think we should >>>>> always >>>>> > >>>>> > uphold the spirit of the law other than the letter of the law. >>>>> For >>>>> > >>>>> > instance when we say that in the event manual transmission >>>>> defers >>>>> > from >>>>> > >>>>> > electronic transmission the manual transmission will carry the >>>>> day >>>>> > yet >>>>> > >>>>> > we know basic principles of computing such as Garbage in >>>>> Garbage out >>>>> > >>>>> > (GIGO) or What You See is What you get (WYSWYG) it shows that >>>>> the >>>>> > >>>>> > processes and use of electronic system as supplementary aids is >>>>> > >>>>> > misunderstood why should we entertain a situation where the >>>>> input >>>>> > >>>>> > differs from the output. Electronic aids only make the system >>>>> more >>>>> > >>>>> > efficient and effective they don't alter results unless there >>>>> is >>>>> > >>>>> > interference. >>>>> > >>>>> > >>>>> > >>>>> > On another note, we have new members of parliament who are >>>>> just being >>>>> > >>>>> > inducted, it would therefore be untrue to claim that they have >>>>> > >>>>> > understood the election management system and processes which >>>>> have >>>>> > >>>>> > taken time to develop and now want to dismantle it to suit >>>>> temporary >>>>> > >>>>> > political interests , i think we should uphold the interests >>>>> of the >>>>> > >>>>> > country first and i would urge our elected leaders to be at >>>>> the fore >>>>> > >>>>> > front of this effort. The election laws might not be perfect >>>>> but it >>>>> > >>>>> > would be prudent to have a consensus based approach of >>>>> scrutinizing >>>>> > >>>>> > any weak areas and addressing the same based on merit. >>>>> > >>>>> > >>>>> > >>>>> > Finally and in my humble opinion, in as much as we have >>>>> deployed >>>>> > >>>>> > technology and used technology to make many advances in >>>>> different >>>>> > >>>>> > spheres of our nation, we are yet to fully embrace and >>>>> intergrate >>>>> > >>>>> > Information Technology Governance principles and practices in >>>>> our >>>>> > >>>>> > institutions be they public or private. I think this is our >>>>> archilles >>>>> > >>>>> > heel and this are the issues that might need to be addressed. >>>>> We >>>>> > >>>>> > deploy good systems but lack the manners to use the same >>>>> correctly >>>>> > let >>>>> > >>>>> > alone protect the data under our custody. A data protection >>>>> act will >>>>> > >>>>> > help resolve some of this challenges we are trying to resolve >>>>> > >>>>> > politically, the election laws amendment bill is just a red >>>>> herring, >>>>> > >>>>> > technology is here to stay and will continue affecting every >>>>> aspect >>>>> > of >>>>> > >>>>> > our lives if we don't address IT, IT will address us >>>>> politically and >>>>> > >>>>> > socially sooner than later. >>>>> > >>>>> > >>>>> > >>>>> > Regards >>>>> > >>>>> > >>>>> > >>>>> > Best Regards >>>>> > >>>>> > >>>>> > >>>>> > On 10/3/17, Grace Mutung'u (Bomu) via kictanet >>>>> > >>>>> > <kictanet(a)lists.kictanet.or.ke> wrote: >>>>> > >>>>> > Hi all, >>>>> > >>>>> > There is a lot to say about the substance of the proposed >>>>> law but I >>>>> > >>>>> > think >>>>> > >>>>> > the process is ill advised. There should be no amendments to >>>>> the >>>>> > law >>>>> > >>>>> > given >>>>> > >>>>> > the very limited time period before the rerun. >>>>> > >>>>> > And although we have been invited because we care about >>>>> technology, >>>>> > I >>>>> > >>>>> > would >>>>> > >>>>> > like to believe that we also care about the nation. We shall >>>>> > achieve >>>>> > >>>>> > very >>>>> > >>>>> > little in terms of building trust in our processes and >>>>> institutions >>>>> > in >>>>> > >>>>> > such >>>>> > >>>>> > a rushed process. Shelve this law. >>>>> > >>>>> > >>>>> > >>>>> > >>>>> > >>>>> > On 2 Oct 2017 16:57, "Grace Githaiga via kictanet" < >>>>> > >>>>> > kictanet(a)lists.kictanet.or.ke> wrote: >>>>> > >>>>> > >>>>> > >>>>> > Listers >>>>> > >>>>> > >>>>> > >>>>> > Greetings! >>>>> > >>>>> > >>>>> > >>>>> > >>>>> > >>>>> > KICTANet has been invited on Thursday October 5, 2017, to a >>>>> > meeting of >>>>> > >>>>> > the >>>>> > >>>>> > select committees on Election laws 2017. Considering that >>>>> there >>>>> > will >>>>> > >>>>> > be >>>>> > >>>>> > many other groups participating, we would like to present a >>>>> > memorandum >>>>> > >>>>> > containing our specific concerns as they pertain to tech >>>>> issues. >>>>> > >>>>> > >>>>> > >>>>> > Further, we realize that the time is too short to hold a >>>>> > moderated >>>>> > >>>>> > debate >>>>> > >>>>> > and therefore would like to hear from you on specific tech >>>>> issues. >>>>> > We >>>>> > >>>>> > have >>>>> > >>>>> > to do this by *Wednesday October 4, 2017 at** 2 p.m. >>>>> *Thereafter, >>>>> > I >>>>> > >>>>> > and >>>>> > >>>>> > Kanini Mutemi will collate the views in readiness for >>>>> Thursday. >>>>> > In >>>>> > >>>>> > addition, it would be good for those who participated in >>>>> the >>>>> > KICTANet >>>>> > >>>>> > observation mission on August 8, 2017 to also attend this >>>>> > Thursday >>>>> > >>>>> > meeting. >>>>> > >>>>> > >>>>> > >>>>> > We attach the two bills, and would like to draw your >>>>> attention >>>>> > to: >>>>> > >>>>> > >>>>> > >>>>> > 1. Election Laws (Amendment) Bill >>>>> > >>>>> > >>>>> > >>>>> > - Clause 6 (Electronic AND manual transmission of >>>>> presidential >>>>> > >>>>> > election results, with manual taking precedence). >>>>> > >>>>> > - Clause 7 (Substantially amends Section 44 of the >>>>> Elections >>>>> > Act >>>>> > >>>>> > which >>>>> > >>>>> > prescribes the use of technology in the conduct of >>>>> elections). >>>>> > >>>>> > - Clause 8 (Amends Section 44A on use of a complementary >>>>> > mechanism >>>>> > >>>>> > for >>>>> > >>>>> > identification of voters). >>>>> > >>>>> > - Clause 9 (Amends Section 83 on the effect of >>>>> non-compliance). >>>>> > >>>>> > - Clause 11 (Criminal liability for failing to sign >>>>> documents). >>>>> > >>>>> > >>>>> > >>>>> > 2. Election Offences (Amendment) Bill- >>>>> > >>>>> > >>>>> > >>>>> > - Clause 2 (Amends Election Offences Act to allow the >>>>> government >>>>> > to >>>>> > >>>>> > publish advertisements on its achievements during the >>>>> election >>>>> > >>>>> > period). >>>>> > >>>>> > >>>>> > >>>>> > >>>>> > >>>>> > Kindlyprovide your input by providing which clause you >>>>> think is >>>>> > >>>>> > problematic, what your concerns are, and the >>>>> recommendations. >>>>> > >>>>> > >>>>> > >>>>> > Asanteni sana. >>>>> > >>>>> > >>>>> > >>>>> > Rgds >>>>> > >>>>> > Grace >>>>> > >>>>> > >>>>> > >>>>> > >>>>> > >>>>> > ----------------------------- >>>>> ------------------------------- >>>>> > >>>>> > ---------------------- >>>>> > >>>>> > >>>>> > >>>>> > *Grace Githaiga* >>>>> > >>>>> > >>>>> > >>>>> > Twitter: @ggithaiga >>>>> > >>>>> > >>>>> > >>>>> > Skype: gracegithaiga >>>>> > >>>>> > >>>>> > >>>>> > Linkedin: https://www.linkedin.com/in/gracegithaiga >>>>> > >>>>> > >>>>> > >>>>> > >>>>> > >>>>> > .*..**the most important office in a democracy is the >>>>> citizen. So, >>>>> > you >>>>> > >>>>> > see, that’s what our democracy demands. It needs >>>>> you!----Barrack >>>>> > >>>>> > Obama.* >>>>> > >>>>> > >>>>> > >>>>> > >>>>> > >>>>> > >>>>> > >>>>> > >>>>> > >>>>> > _______________________________________________ >>>>> > >>>>> > kictanet mailing list >>>>> > >>>>> > kictanet(a)lists.kictanet.or.ke >>>>> > >>>>> > https://lists.kictanet.or.ke/mailman/listinfo/kictanet >>>>> > >>>>> > Twitter: http://twitter.com/kictanet >>>>> > >>>>> > Facebook: https://www.facebook.com/KICTANet/ >>>>> > >>>>> > >>>>> > >>>>> > Unsubscribe or change your options at >>>>> > https://lists.kictanet.or.ke/ >>>>> > >>>>> > mailman/options/kictanet/nmutungu%40gmail.com >>>>> > >>>>> > >>>>> > >>>>> > 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. >>>>> > >>>>> > >>>>> > >>>>> > >>>>> > >>>>> > >>>>> > >>>>> > >>>>> > >>>>> > >>>>> > >>>>> > -- >>>>> > >>>>> > Barrack O. Otieno >>>>> > >>>>> > +254721325277 >>>>> > >>>>> > +254733206359 >>>>> > >>>>> > Skype: barrack.otieno >>>>> > >>>>> > PGP ID: 0x2611D86A >>>>> > >>>>> > >>>>> > >>>>> > _______________________________________________ >>>>> > >>>>> > kictanet mailing list >>>>> > >>>>> > kictanet(a)lists.kictanet.or.ke >>>>> > >>>>> > https://lists.kictanet.or.ke/mailman/listinfo/kictanet >>>>> > >>>>> > Twitter: http://twitter.com/kictanet >>>>> > >>>>> > Facebook: https://www.facebook.com/KICTANet/ >>>>> > >>>>> > >>>>> > >>>>> > Unsubscribe or change your options at >>>>> https://lists.kictanet.or.ke/ >>>>> > >>>>> > mailman/options/kictanet/jkieti%40gmail.com >>>>> > >>>>> > >>>>> > >>>>> > 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. >>>>> > >>>>> > >>>>> > >>>>> > >>>>> > >>>>> > >>>>> > >>>>> > >>>>> > >>>>> > -- >>>>> > >>>>> > >>>>> > >>>>> > John Kieti >>>>> > >>>>> > Phone: +254-735-764242 // +254-722-764242 >>>>> > >>>>> > Twitter: @johnKieti // Skype: jkieti >>>>> > >>>>> > Blog: gmeltdown.com <http://www.gmeltdown.com> // LinkedIn: >>>>> > >>>>> > https://ke.linkedin.com/in/*kieti* <https://ke.linkedin.com/in/ >>>>> kieti> >>>>> > >>>>> > >>>>> > >>>>> > The ordinary just won't do >>>>> > >>>>> > >>>>> > >>>>> > >>>>> > >>>>> > -- >>>>> > Barrack O. Otieno >>>>> > +254721325277 >>>>> > +254733206359 >>>>> > Skype: barrack.otieno >>>>> > PGP ID: 0x2611D86A >>>>> > >>>>> > _______________________________________________ >>>>> > kictanet mailing list >>>>> > kictanet(a)lists.kictanet.or.ke >>>>> > https://lists.kictanet.or.ke/mailman/listinfo/kictanet >>>>> > Twitter: http://twitter.com/kictanet >>>>> > Facebook: https://www.facebook.com/KICTANet/ >>>>> > >>>>> > Unsubscribe or change your options at >>>>> > https://lists.kictanet.or.ke/mailman/options/kictanet/info% >>>>> 40campusciti.com >>>>> > >>>>> > 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. >>>>> > >>>>> > >>>>> > >>>>> > ------------------------------------------------------------ >>>>> -------------------- >>>>> > _______________________________________________ >>>>> > kictanet mailing list >>>>> > kictanet(a)lists.kictanet.or.ke >>>>> > https://lists.kictanet.or.ke/mailman/listinfo/kictanet >>>>> > Twitter: http://twitter.com/kictanet >>>>> > Facebook: https://www.facebook.com/KICTANet/ >>>>> > >>>>> > Unsubscribe or change your options at >>>>> > https://lists.kictanet.or.ke/mailman/options/kictanet/ >>>>> ldinga%40managecom.co.ke >>>>> > >>>>> > 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. >>>>> > >>>>> >>>>> >>>>> -- >>>>> Barrack O. Otieno >>>>> +254721325277 >>>>> +254733206359 >>>>> Skype: barrack.otieno >>>>> PGP ID: 0x2611D86A >>>>> >>>>> _______________________________________________ >>>>> kictanet mailing list >>>>> kictanet(a)lists.kictanet.or.ke >>>>> https://lists.kictanet.or.ke/mailman/listinfo/kictanet >>>>> Twitter: http://twitter.com/kictanet >>>>> Facebook: https://www.facebook.com/KICTANet/ >>>>> >>>>> Unsubscribe or change your options at https://lists.kictanet.or.ke/ >>>>> mailman/options/kictanet/murigi.muraya%40gmail.com >>>> >>>> >>>>> >>>>> 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. >>>>> >>>> >>>> >>>> >>>> -- >>>> SMM >>>> >>>> *"Better a patient person than a warrior, one with self-control than >>>> one who takes a city." Prov 16:32* >>>> _______________________________________________ >>>> kictanet mailing list >>>> kictanet(a)lists.kictanet.or.ke >>>> https://lists.kictanet.or.ke/mailman/listinfo/kictanet >>>> Twitter: http://twitter.com/kictanet >>>> Facebook: https://www.facebook.com/KICTANet/ >>>> >>>> Unsubscribe or change your options at https://lists.kictanet.or.ke/ >>>> mailman/options/kictanet/kaninimutemi%40gmail.com >>>> >>>> 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. >>>> >>> -- >>> *Mercy Mutemi, Advocate*. >>> >>> >>> >>> >>> _______________________________________________ >>> kictanet mailing list >>> kictanet(a)lists.kictanet.or.ke >>> https://lists.kictanet.or.ke/mailman/listinfo/kictanet >>> Twitter: http://twitter.com/kictanet >>> Facebook: https://www.facebook.com/KICTANet/ >>> >>> Unsubscribe or change your options at https://lists.kictanet.or.ke/ >>> mailman/options/kictanet/murigi.muraya%40gmail.com >>> >>> 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. >>> >>> >> >> >> -- >> SMM >> >> *"Better a patient person than a warrior, one with self-control than one >> who takes a city." Prov 16:32* >> > -- > *Mercy Mutemi, Advocate*. > > > > -- SMM *"Better a patient person than a warrior, one with self-control than one who takes a city." Prov 16:32*

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Blockchain Policy Brief, 2017
by Ali Hussein 07 Oct '17

07 Oct '17

Dear all A few months ago KICTANet embarked on putting together a Policy Brief for Blockchain Technology in Kenya. Please find attached the document that is a result of your interactions and a validation meeting that took place which involved various stakeholders from the private sector and government. I would like to thank everyone who took part in this exercise. I would be remiss if I didn't also single out the CS for ICT, Mr. Joe Mucheru who mobilized his team to contribute vigorously to this exercise. Thank you all. Feel free to make your comments and add on to it as we move along. We consider this a live document and hence will be updating it every quarter as required as developments in the Blockchain space continue to evolve rapidly. For example since we met and published this document a number of events have taken place. To mention just a few:- 1. Bitcoins passed the $4000 mark for the first time since Satoshi Nakamoto <https://en.wikipedia.org/wiki/Satoshi_Nakamoto> first penned the now famous Bitcoin: A Peer-to-Peer Electronic Cash System <https://bitcoin.org/bitcoin.pdf>. 2. ICOs <https://en.wikipedia.org/wiki/Initial_coin_offering> have become all the rage. The Initial Coin Offering is an unregulated means of crowdfunding via use of cryptocurrency. 3. The IMF Chief <https://www.washingtonpost.com/world/europe/imf-chief-tells-central-bankers…> declares that cryptocurrencies will overshadow mainstream banking in the near future. 4. Japan and Russia move to legitimize cryptocurrencies <https://www.cnbc.com/2017/04/12/bitcoin-price-rises-japan-russia-regulation…> . And the list goes on and on.. Feel free to critique, add, disagree and generally contribute to this document. Happy Reading! *Ali Hussein* *Principal* *Hussein & Associates* Tel: +254 713 601113 Twitter: @AliHKassim Skype: abu-jomo LinkedIn: http://ke.linkedin.com/in/alihkassim <http://ke.linkedin.com/in/alihkassim> 13th Floor , Delta Towers, Oracle Wing, Chiromo Road, Westlands, Nairobi, Kenya. Any information of a personal nature expressed in this email are purely mine and do not necessarily reflect the official positions of the organizations that I work with.

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THE ITU STATE OF BROADBAND REPORT 2017: BROADBAND CATALYZING SUSTAINABLE DEVELOPMENT
by Grace Githaiga 06 Oct '17

06 Oct '17

Listers This ITU State of Broadband Report 2017 might be of interest to some of you. Broadband technologies are driving substantial transformation in different sectors and are accelerating achievement of the SDGs. Other advances in science, technology, and engineering such as big data, the Internet of Things (IoT), Intelligent Transport Systems (ITS),sensor networks, automation, computational modelling, machine learning, Augmented Reality (AR) and Artificial Intelligence (AI) will also contribute to economic and social welfare worldwide. These advances are becoming increasingly common place in the workplace, public spaces and homes, and of increasing interest to policy-makers. As these technologies continue to develop, stakeholders from academia, industry, government and civil society should all contribute to discussions on their potential policy implications, and encourage growth through policy environments that support research,competition and innovation. https://www.itu.int/dms_pub/itu-s/opb/pol/S-POL-BROADBAND.18-2017-PDF-E.pd Best regards Githaiga, Grace Co-Convenor Kenya ICT Action Network (KICTANet) Twitter:@ggithaiga Tel: 254722701495 Skype: gracegithaiga Alternate email: ggithaiga(a)hotmail.com Linkedin: https://www.linkedin.com/in/gracegithaiga www.kictanet.or.ke "Change only happens when ordinary people get involved, get engaged and come together to demand it. I am asking you to believe. Not in my ability to bring about change – but in yours"---Barrack Obama.

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Re: [kictanet] Help spread the word: Virtual Hackathon for Sustainable Development
by Erick Mwangi 06 Oct '17

06 Oct '17

I wanted to ask for your help to spread the word about a virtual hackathon > being organized by the United Nations Department of Economic and Social > Affairs, Division for Sustainable Development and the United Nations Office > of Information and Communications Technology. > > > > We are trying to reach computer scientists (professionals, professors, > students) everywhere to invite them to use their skills to work on an > open-source software project which contributes to the Sustainable > Development Goals. See details: https://t.co/WHiKoFs1eC > > > > The hackathon challenge has already started; I would appreciate if you > could share this e-mail with your contacts who might be interested, and/or > if you could re-tweet or like this invitation: > https://twitter.com/UN_UniteIdeas/status/915595892266344448 > > > > Please do feel free to copy me or put me in contact with anyone you think > might be interested. I would be happy to give them more details directly. > > E Njoroge Mwangi Technology| FINTECH | Big Data Cell +44 7539372742 <+44%207539%20372742> Skype: Erick.mwangi

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Submission of KICTANet Memorandum on Election Laws to the National Assembly Select Committtees
by Ali Hussein 05 Oct '17

05 Oct '17

Listers Please find attached the above presented today to the National Assembly and Senate Select Committees on Election Laws. Thank you for all the contributions through this listserve and may whatsapp groups. It is this spirit of Public Engagement with Government that will define our country going forward. *Ali Hussein* *Principal* *Hussein & Associates* Tel: +254 713 601113 Twitter: @AliHKassim Skype: abu-jomo LinkedIn: http://ke.linkedin.com/in/alihkassim <http://ke.linkedin.com/in/alihkassim> 13th Floor , Delta Towers, Oracle Wing, Chiromo Road, Westlands, Nairobi, Kenya. Any information of a personal nature expressed in this email are purely mine and do not necessarily reflect the official positions of the organizations that I work with.

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(no subject)
by Juliet Maina 05 Oct '17

05 Oct '17

Hi. Please add lanene(a)safaricom.co.ke to the mailing list. Kind regards, Juliet

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Call for input into Election Laws (Amendment) Bill, 2017 and Election Offences (Amendment) Bill 2017
by Grace Githaiga 04 Oct '17

04 Oct '17

Listers Greetings! KICTANet has been invited on Thursday October 5, 2017, to a meeting of the select committees on Election laws 2017. Considering that there will be many other groups participating, we would like to present a memorandum containing our specific concerns as they pertain to tech issues. Further, we realize that the time is too short to hold a moderated debate and therefore would like to hear from you on specific tech issues. We have to do this by Wednesday October 4, 2017 at 2 p.m. Thereafter, I and Kanini Mutemi will collate the views in readiness for Thursday. In addition, it would be good for those who participated in the KICTANet observation mission on August 8, 2017 to also attend this Thursday meeting. We attach the two bills, and would like to draw your attention to: 1. Election Laws (Amendment) Bill * Clause 6 (Electronic AND manual transmission of presidential election results, with manual taking precedence). * Clause 7 (Substantially amends Section 44 of the Elections Act which prescribes the use of technology in the conduct of elections). * Clause 8 (Amends Section 44A on use of a complementary mechanism for identification of voters). * Clause 9 (Amends Section 83 on the effect of non-compliance). * Clause 11 (Criminal liability for failing to sign documents). 2. Election Offences (Amendment) Bill- * Clause 2 (Amends Election Offences Act to allow the government to publish advertisements on its achievements during the election period). Kindlyprovide your input by providing which clause you think is problematic, what your concerns are, and the recommendations. Asanteni sana. Rgds Grace ---------------------------------------------------------------------------------- Grace Githaiga Twitter: @ggithaiga Skype: gracegithaiga Linkedin: https://www.linkedin.com/in/gracegithaiga ...the most important office in a democracy is the citizen. So, you see, that’s what our democracy demands. It needs you!----Barrack Obama.

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Re: [kictanet] Africa Internet Summit (AIS) : Workshop & Meetings 29thApril – 11thMay 2018
by Barrack Otieno 04 Oct '17

04 Oct '17

Listers, Africa Internet Summit (AIS) Secretariat announces AfNOG’s program at The Africa Internet Summit scheduled to be held in Dakar, SENEGAL from 29thApril – 11thMay 2018. AIS is the pinnacle multi-stakeholder event combining, workshops, conferences and networking for the internet Industry. The annual summit attracts internationally renowned Instructors, Experts and Speakers to share the latest innovations and Best practices in the Internet industry. This is the place where the African Technical Institutions and Af* such as AfNOG, AFRINIC, AfREN, AfricaCERT, AfTLD - AROC, AfCHIX, ISOC Africa, AfrICANN, AfGWG etc meet. Meeting the needs of the Africa Internet Community AIS aims at meeting the ever-changing needs of the ICT Industry and includes the core IP Engineering as well as integrating the real world use and impact of IP Technologies. Sessions include technical and business aspects of the Internet : ie Capacity Building, Infrastructure, Security, Policy, Content & Names, Internet Numbers and Research. About the Entire Event Event Calendar include the following: * AfNOG Workshop on Network Technology (offering advanced training in a week-long hands-on workshop) * Several one /two full-day Advanced AfNOG Tutorials * AfricaCERT Workshop & Forums * AFRINIC Trainings * AfREN Forum * AfTLD – Workshop & Meeting * ISOC Africa Sessions * ICANN Africa Day * AfCHix TechWomen Summit * A one-day AfNOG Plenary Session * A three-day AFRINIC Plenary Session. In addition, several side meetings and workshops will be hosted in collaboration with other organizations. Who Attends? A broad range of ICT Industry leaders and technical experts including Internet Service Providers (ISPs), Network Engineers, CSIRTs Engineers and Policy makers who wish to acquire the necessary skills in ICT, Government, Regulators, Telecommunication companies and ICT vendors. It is a good opportunity for networking among peers and businesses. Why Attend? * The AIS addresses the current and future needs of operators in the ICT Industry * It is focused on popular and emerging ICT Industries such as Cyber Security, Mobile Networking among other. * It features discussions on a wide range of issues of the Internet including the current and newest trends in ICT. * Industry experts will be participating in conference sessions from thought-provoking and visionary keynote presentations to interactive panel sessions, all addressing the most pressing topics Local Host The Local Hosts for the Event is Ministère des Postes et des Télécommunications, Senegal. Venue & Hotel This will be announced shortly. Time Table Workshop & Tutorials Event Date(s) Unix Boot Camp 29 April 2018 (Sunday)<x-apple-data-detectors://0> Networking Boot Camp 29 April 2018 (Sunday)<x-apple-data-detectors://1> CERT Boot Camp 29 April 2018 (Sunday)<x-apple-data-detectors://2> AfNOG Workshop 30 April - 4 May 2018<x-apple-data-detectors://3>(Monday - Friday<x-apple-data-detectors://4>) AfricaCERT Workshop 30 April - 4 May 2018<x-apple-data-detectors://5>(Monday - Friday<x-apple-data-detectors://6>) AfTLD - Workshop & Forum 30 April - 4 May 2018<x-apple-data-detectors://7>(Monday - Friday<x-apple-data-detectors://8>) AfCHIXTechWomen Summit 5 May 2018 (Saturday)<x-apple-data-detectors://9> ICANN Day 5 May 2018 (Saturday)<x-apple-data-detectors://10> AFRINIC Trainings 5 - 7 May 2018<x-apple-data-detectors://11>(Saturday - Monday<x-apple-data-detectors://12>) ICANN Special Workshop 6 May 2018 (Sunday)<x-apple-data-detectors://13> AfNOG Tutorials 6 - 7 May 2018<x-apple-data-detectors://14>(Sunday - Monday<x-apple-data-detectors://15>) ISOC Africa Sessions TBC Conference Event Date(s) Opening Session 7 May 2018<x-apple-data-detectors://16>(Monday at 5 pm<x-apple-data-detectors://17>) AfREN Meeting / AAF 7 May 2018 (Monday)<x-apple-data-detectors://18> AfNOG-19 Conference 8 May 2018 (Tuesday)<x-apple-data-detectors://19> AFRINIC-28 Conference 9 - 11 May, 2018<x-apple-data-detectors://20>(Wednesday - Friday<x-apple-data-detectors://21>) About AfNOG AfNOG (Seehttp://www.afnog.org/) is a forum for cooperation and the exchange of technical information between operators of Internet-connected networks in Africa. AfNOG aims at building a community of engineers helping each other operate Internet Infrastructure in Africa, and on the Global Internet as well as promote the discussion of issues relating to implementation of new networks that require community cooperation. AfNOG has since year 2000 organized their annual Event in a different African country each year. “While AfNOG fuels the rapid growth of the Internet in Africa with trained technical capacity, our content has been determined by the needs of the community. In so doing AfNOG’s output training capacity has multiplied in the past decade and the community flourished” AfNOG Workshop on Network Technology The AfNOG Workshop on Network Technology aims to offer advanced training to people who are in the process of developing and enhancing an Internet-connected network with regional and international connectivity. The target audience includes senior and mid-level technical staff of commercial Internet service providers (ISPs), academic networks, government networks, or NGO networks. This workshop builds on the experience of previous AfNOG workshops held annually from 2000 to 2017 in eighteen different African countries, and also the Internet Society's INET workshops, held annually from 1993 to 2000 at eight locations around the world. The workshop's Instructors are an international team with many years of experience in operating large networks and teaching about network operations. The workshop is divided into eight parallel tracks: ( 5 English & 3 French Tracks) * SS-E - Scalable Internet Services (in English), focused on the design and operation of email, web, and other Internet services, in ways that can scale to handle large numbers of end users. * SS-F - Scalable Internet Services (en francais), similar to track SS-E, but given in French. * SI-E - Scalable Network Infrastructure (in English), focused on the design and operation of networks using routers and switches, in ways that can scale to handle large numbers of interconnected sites. * SI-F - Scalable Network Infrastructure (en francais), similar to track SI-E, but given in French. * NM – E, Network Monitoring & Management (English) * NM-F, Network Monitoring & Management (en francais), similar to track NM-E, but given in French. * AR –E, Advanced Routing Techniques (English) * CT- E, CERT Training (English) Workshop application information is at : English:http://www.afnog.org/applications/online_application_en.php French:http://www.afnog.org/applications/online_application_fr.php **Workshop Deadline – December 31, 2017<x-apple-data-detectors://25> About AFRINIC AFRINIC (Seehttp://www.afrinic.net/) is the Regional Internet Registry for Africa headquartered in Ebene, Mauritius. It is responsible for the distribution and management of Internet number resources (IP address space and Autonomous System Numbers) in Africa and the Indian Ocean region. AFRINIC ensures equitable and efficient distribution of Internet number resources to the African Internet community to support Internet governance, technology usage and development across the continent. Trainings and capacity building are a central part of AFRINIC’s activities and the objective is to build competence within Africa in IPv6 adoption as well as associated technologies required to use internet number resources effectively. More on AFRINIC can be found at (see<http://seewww.afrinic.net/><http://www.afrinic.net/>www.afrinic.net<http://seewww.afrinic.net/>). AfricaCERT AfricaCERT will hold a 6 day Workshop & Tutorial on CERT from 30thApril – 5thMay 2018 in Senegal. AfricaCERT is the African forum of computer incident response teams, and aims to propose solutions to Challenges for a better health in the Af* Internet Ecosystem. The objectives of AfricaCERT include, but are not restricted to : * Assisting African countries in establishing CSIRTs; * Strengthening the relationships amongst CSIRTs in Africa and with other stakeholders all over the World; * Fostering and supporting education and outreach programs in ICT Security; * Encouraging information sharing in ICT Security; * Promoting good practices and experiences sharing among members to develop a comprehensive framework for cybersecurity including better addressing of legal and regulatory issues; * Assisting African CSIRTS in improving Cyber readiness and enhancing the resilience of ICT Infrastructure; * Promoting Collaborative Technology Research, Development and Innovation in the ICT security field. Please visit<https://afnog.org/www.africacert.org>www.africacert.org<http://www.africacert.orgfor/>for<http://www.africacert.orgfor/>further information. AfTLD – Workshop & Meeting Africa Top Level Domains Organization will be conducting a Workshop & Forum during AIS. Further information will be provided shortly. ICANN AFRICA ICANN Africa will be holding sessions on ICANN Day on 5<x-apple-data-detectors://30>th<x-apple-data-detectors://30> May 2018<x-apple-data-detectors://30> and ICANN Special Workshop on 6thMay 2018 ISOC AFRICA ISOC Africa will be holding sessions/tutorials on Internet Governance, etc. Further information will be provided shortly. AfCHIX AfCHIX will be holding the second AfCHIX Tech Women Summit on 5<x-apple-data-detectors://31>th<x-apple-data-detectors://31> May 2018<x-apple-data-detectors://31>. Further information will be provided shortly. AfNOG Tutorials AfNOG will offer 1 to 2 full-day(s) tutorials on advanced topics. Tutorials take place in a classroom-style environment, and may include a hands-on practical component. Tutorials are non-commercial in nature, and most are technically oriented. They are intended to offer advanced training on technology already deployed or soon to be deployed on networking and related services provisioning for ISP operations. Additional information about AfNOG 2018 Tutorials will be available here shortly: http://www.afnog.org/afnog2018/tutorial/ AfREN The Africa Research and Education Networking (AfREN) will be holding a one day meeting on 7thMay 2018. AfREN is the annual forum on African research and education networking. As one of the Af* organizations, the AfREN forum is part of the annual Africa Internet Summit (AIS) and was convened since 2007 by the Research and Education Networking Unit (RENU) of the Association of African Universities in collaboration with AfNOG & AFRINIC. The forum is a platform for discussions on issues of interest to the research and education networking (REN) community such as collaboration, advocacy and coordination of activities in Africa. Sharing of experience and best practices as well as presentation of innovative networking technologies are also regularly addressed at AfREN. The sponsorship of campus network managers to attend the annual AfNOG training workshops has also become an integral part of AfREN. Since 2012, with the formation of regional RENs covering all the countries of Africa, there is a traditional session on updates from the UbuntuNet Alliance (Eastern and Southern Africa), WACREN (West and Central Africa) and ASREN (Arab countries, including North Africa). Typical AfREN participants include among others, campus and research and education network practitioners, REN operators, telecom operators, regulators, policy makers and international partners. Additional information on AfREN 2018 will be provided shortly. AfNOG-19 Meeting The 19thAfNOG meeting will be held in Dakar, Senegal on 8thMay 2018. AfNOG conferences provide a forum for the coordination and dissemination of technical information related to backbone/enterprise networking technologies and operational practices. The meetings are informal, with an emphasis on relevance to current and future African backbone engineering practices. The AfNOG 2017 conference in Kenya drew several delegates, mainly consisting of network engineering staff from lnternet Service providers, Telecommunication Companies, Government, Research and Education community, Civil Society. Additional information and the Conference schedule will be available here shortly: http://www.afnog.org/afnog2018/conference/ AFRINIC-28 Public Policy Meeting The AFRINIC-28 Public Policy meeting will be held in Dakar, Senegal for three days from 9thto 11thMay, 2018. AFRINIC Meetings are open to everyone and provide an excellent opportunity to take part in Internet policy discussions. These policies, which describe how Internet Number Resources should be managed and distributed, are developed by the community. The meeting will include tutorials, presentations, update on the various working groups and the AFRINIC Public Policy Meeting. The three day meeting will be preceded by IPv6 training and training in Internet Number Resource Management. Further information will be available athttp://www.afrinic.net/en/community/afrinic-events. Visa Requirements Please check visa requirements with the Senegal Embassy or Consulate in your country. Please join us, once again, as we come together to learn, network and shape the future of ICT in Africa. -- Barrack O. Otieno +254721325277 +254733206359 Skype: barrack.otieno PGP ID: 0x2611D86A

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Fwd: [Internet Policy] Irish Court Throws U.S.-EU Data Transfers Into Uncertainty
by Barrack Otieno 04 Oct '17

04 Oct '17

Listers, FYI Regards ---------- Forwarded message ---------- From: Joly MacFie <joly(a)punkcast.com> Date: Tue, 3 Oct 2017 16:42:44 -0400 Subject: [Internet Policy] Irish Court Throws U.S.-EU Data Transfers Into Uncertainty To: "internetpolicy(a)elists.isoc.org" <InternetPolicy(a)elists.isoc.org> This just in. In the UK we used to call this "throwing a wobbler'. http://www.therecorder.com/id=1202799516015/Irish-Court-Throws-USEU-Data-Tr… A decision Tuesday by Ireland's High Court in the case brought by Austrian privacy activist Max Schrems has cast new uncertainty <http://www.therecorder.com/id=1202781274731/The-Irish-Case-That-Could-Upend…> on the legal tool that Facebook and thousands of other U.S. companies use to transfer personal data from their operations in the European Union. Irish High Court Justice Caroline Costello in a highly anticipated ruling <http://www.europe-v-facebook.org/sh2/HCJ.pdf> said the Irish Data Protection Commissioner had raised "well-founded concerns" about whether U.S. surveillance practices deny EU citizens fundamental rights once their data is transferred to the U.S. Costello's decision tees up yet another case at the Court of Justice for the European Union (CJEU) in Luxembourg—the EU's highest court—to determine the validity of "Standard Contractual Clauses," a key legal tool companies use to transfer EU citizens' personal data outside the bloc. A final decision is likely still years away. "Standard Contract Clauses provide critical safeguards to ensure that Europeans' data is protected once transferred to companies that operate in the U.S. or elsewhere around the globe, and are used by thousands of companies to do business," Facebook said in a statement. "They are essential to companies of all sizes, and upholding them is critical to ensuring the economy can continue to grow without disruption." How the EU's highest court will rule will be influenced in part by how Costello frames her formal question of what is to be decided. The justice still has yet to determine that, and both Facebook and Ireland's Data Protection Commissioner are expected to weigh in beforehand. The immediate practical impact of the ruling is hard to assess because the EU high court's decision is unlikely to come for years and because of the shifting legal landscape <http://www.law.com/sites/almstaff/2017/06/13/podcast-what-you-need-to-know-…> in Europe around data privacy. The EU's new General Data Protection Regulation, which takes effect in 2018, would require substantial updates to standard contractual clauses (SCCs) anyway. But the referral of the case to the CJEU creates the possibility that the EU's highest court will find that those clauses, no matter how they are constructed, are invalid because of U.S. surveillance practices. In other words, even if companies spend the next year making SCCs compliant under the new regulation, there is risk that they could be wiped away. The case may also invite a repeat of the EU high court's 2015 ruling on a separate legal tool for transatlantic data transfers, then known as "Safe Harbor." After being struck down by the high court—in a case that also started with a complaint by Schrems to the Irish data protection commissioners—the U.S. and EU negotiated a new framework called "Privacy Shield." But in her ruling, Costello attacked some of the new features of the Privacy Shield arrangement as deficient. Specifically, she noted that its creation of a privacy "Ombudsman" at the U.S. State Department to field concerns about how EU citizens' data are handled "will neither confirm nor deny whether the individual has been the target of surveillance nor will the Ombudsperson confirm the specific remedy that was applied." Facebook, whose lead U.S. counsel in the case is Joshua Lipshutz of Gibson, Dunn & Crutcher, had tried to convince Justice Costello that the U.S. surveillance practices are reigned in by substantial oversight and laws that prevent abuse of privacy, consistent with EU law. Former White House privacy expert and Alston & Bird attorney Peter Swire and Stephen Vladeck of the University of Texas School of Law also offered testimony for Facebook. But Costello was not persuaded. "Quite clearly there are extensive rules to ensure that data is obtained in accordance with law and data, once obtained, is not misused. This is not the same as providing a remedy where the rules are broken and data is unlawfully collected or otherwise misused," she wrote in her ruling. (The justice underscored that she was not passing a value judgment on the U.S. legal regime but only assessing whether there was a real question of whether it meets the standards of EU privacy law.) She cited U.S. Supreme Court decisions that she said had made it more difficult for plaintiffs to establish standing in challenging surveillance practices, including* Clapper v. Amnesty International USA*. That case—which divided the court 5-4—sought to challenge Section 702 of the Foreign Intelligence Surveillance Act, which created new procedures for authorizing electronic surveillance of non-U.S. persons abroad. Schrems, in a statement <http://www.europe-v-facebook.org/sh2/PA.pdf>, welcomed the Irish High Court's decision. "It is important that a neutral court outside of the U.S. has summarized the facts on US surveillance in a judgment, after diving through more than 45,000 pages of documents in a five-week hearing," he said. "Facebook seems to have lost in every argument they were making." In addition to Gibson Dunn, Facebook is represented by Irish firm Mason, Hayes & Curran. The main barristers for Facebook are Paul Gallagher, a former Irish attorney general, and Niamh Hyland. Dublin solicitors firm Ahern Rudden Quigley have been representing Schrems; the principal barrister arguing on his behalf was Eoin McCullough. Ben Hancock is a San Francisco-based reporter covering litigation, technology, finance, and the future of law. He can be reached via email at bhancock(a)alm.com <https://mail.google.com/mail/?view=cm&fs=1&tf=1&to=bhancock@alm.com>. On Twitter: @benghancock <https://twitter.com/@benghancock> -- --------------------------------------------------------------- Joly MacFie 218 565 9365 Skype:punkcast -------------------------------------------------------------- - -- Barrack O. Otieno +254721325277 +254733206359 Skype: barrack.otieno PGP ID: 0x2611D86A

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Fwd: 2017 Research Symposium: Call for Presentations
by Francis Monyango 03 Oct '17

03 Oct '17

[image: Logo] <http://litmus.com/> *Venue*: Strathmore University *Date*: 14th-17th November 2017 *CALL FOR PRESENTATIONS* The Research Symposium for 2017 will be will be centred on the theme *“The Impact of University Research on the Kenyan Economy.”* This topic will be explored by presentations under the following sub-themes: *Business and InnovationHealthcare ManagementEnergy and Energy EfficiencyEntrepreneurshipExtractives IndustryICT and Cyber-SecurityIntellectual PropertyMathematical ModellingPolicy and GovernanceResearch and EthicsSustainable Tourism* The symposium is a platform to celebrate the works – in the fields of research and innovation – of undergraduate and graduate students, as well as academic staff and dedicated researchers, from all areas of learning and research within the university. The organising team is now collecting submissions from those interested in presenting at the symposium. If you would like to present, on any of the listed sub-themes, please fill out the Google Form on the link below <https://docs.google.com/forms/d/e/1FAIpQLSfXg9fUhBP9woXCJhncvNC-ymViMC4Va3K…>. The team will study your submission and get back to you with further instructions. All students and staff are highly encouraged to take this opportunity to showcase their work - through both oral and poster presentations - to the university community and the industry participants who will also take part in the symposium. SUBMIT ABSTRACT <https://docs.google.com/forms/d/e/1FAIpQLSfXg9fUhBP9woXCJhncvNC-ymViMC4Va3K…> *Have any questions? Send them to:* symposium2017(a)strathmore.edu © 2017 Strathmore University View this email in your browser <http://www.strathmore.edu/research-symposium/> -- *University Relations & Communications Office* *Email*: communications(a)strathmore.edu *Office Tel: *+254 (0) 703 034308 *Ext:* 2308 www.strathmore.edu <http://www.twitter.com/StrathU> <https://www.facebook.com/StrathmoreUniversity/?ref=hl> <https://www.youtube.com/user/StrathmoreUniversity> <https://plus.google.com/110890271788869052448/posts> <https://www.linkedin.com/edu/strathmore-university-357048> <https://www.instagram.com/strathmore.university/> <https://www.youtube.com/user/StrathmoreUniversity> *Note: *All emails sent from Strathmore University are subject to Strathmore’s Email Terms & Conditions. Please click here <http://www.strathmore.edu/en/email-policy> to read the policy. "Visit our Facebook <https://www.facebook.com/StrathmoreUniversity>Page and Twitter <https://twitter.com/StrathU>Account". -- Francis Monyango Lawyer | ICT Policy and Legal Consultant www.monyango.com

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