Victor i disagree with your position. Security is a very complicated area and requires a multistakeholder approach, there has to be a clearly defined system made up of state and non state actors. The much Dr Ndemo Ndemo can do is to Facilitate, in any case his work is to implement policies (I may be wrong). We have very skilled personell in and out of governmnet, what is failing us is our inability to tap into their knowledge. We can only do this through institutions

On Fri, May 8, 2009 at 12:20 PM, Victor Gathara <v-gathara@dfid.gov.uk> wrote:

Imoh, Ministry of Info and Comms should take the lead in legislation
affecting the ICT sector and have an overall management role in it. I
think some sort of IT security czar is required (or already exists) and
may rightly sit in the CCK. The ministry should up its communication
strategy even now to alert all on where we are regarding ICT security.
All seems unclear because we (or maybe I) am unaware of what
laws/structures are in place in government to address this issue.

Over to you Dr Ndemo!

Victor

-----Original Message-----
From: kictanet-bounces+v-gathara=dfid.gov.uk@lists.kictanet.or.ke
[mailto:kictanet-bounces+v-gathara=dfid.gov.uk@lists.kictanet.or.ke] On
Behalf Of John Walubengo
Sent: 08 May 2009 08:27
To: Victor Gathara
Cc: KICTAnet ICT Policy Discussions
Subject: Re: [kictanet] IG Discussion 2009,Day 10 of 10 - ePayment
Systems and Regulation


Thanx Mwende for your 4day moderation on Security issues. Ofcourse more
credit to the contributors whose insights am sure are being digested by
stakeholders...feel free to make belated contributions.

Today I want to introduce the second last theme before Mwende takes us
through the Closure and Way forward on Monday 11th May 2009.  Basically,
we want to review the various "hybrid" electronic payments systems and
their corresponding legal and regulatory frameworks.

Hybrid electronic payment system exclude the traditional banking systmes
which do have time-tested and proven legal/ regulatory frameworks.
Typically they refer to emerging e-Payment systems that have been best
exemplified by the MPESA/Zap phenomena. Such systems cut accross
multiple industries (Banking, Telecommunication and IT) and present a
huge challenge in terms of regulation/legislation.

In developed economies, such systems have multiple
legislation/regulation that demands that the entities involved in such
ePayment services abide by strict Data Protection Acts which protect the
customer data/privacy as well as other eLegislation (eCrime,
eTransaction) that provides deterrence and assurance mechanism.

In layman terms, consider an MPESA/ZAP User who sends value of 30,000Ksh
from their mobile phone account to the parents upcountry when the
following happens:
1. Disaster strikes and the electronic records are lost (whose
liable?-it happened in 9/11, Tsunami, etc) 2. The Parents claim that
they didnt recieve the money or worse still the sender claim they never
send the money (non-repudiation issues) 3. An eCrime suspect is charged
with altering ePayments records at the source (inside job/judicial
issues)

In general, do we have frameworks to protect consumers and businesses
against such risks above and do we have investigative and judicial
capacity to administer e-Crime related justice? What role should the
Regulator (CCK), Banking (CBK), Police and Judiciary (NOT) have in these
frameworks?

Lets try and give views within today (1day)...

walu.










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