@Karis,
Apologies for late intervention.
Just looked at the Investigation Procedures and just have a concern in terms of 'who' does them. Whereas it is envisioned that a police officer would carry these out, it would have been better to qualify this in terms of a 'cyber-police' officer.
Moving in and grabbing computer related equipment and data as if you are confiscating a sack of bhang may render the data useless or not-acceptable in a court of law since the defence lawyers may argue that there was no chain of custody with respect to the seized digital evidence.
walu.
From: Kelvin Kariuki <kelvinkariuki89@gmail.com>
To: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke>
Cc: Barrack Otieno <otieno.barrack@gmail.com>; Grace Githaiga <ggithaiga@hotmail.com>; Grace Luice N. Mutung'u <nmutungu@gmail.com>; Walubengo J <jwalu@yahoo.com>
Sent: Tuesday, July 26, 2016 8:04 AM
Subject: Computer and Cyber crimes bill 2016 Day 2 of 5 Part III Investigation Procedures
Dear Listers,
--
Thank you for your contribution on yesterdays discussions on the offences, feel free to still comment on it under that mail stream posted by Barrack yesterday.
Today we discuss the Investigation Procedures of this bill. It outlines the powers and procedures to be followed by the authorities in carrying out computer and cyber related offences investigations.
This section touches on pertinent issues as outlined below:
20 — Scope of procedural provisions
21 — Search and seizure of stored computer data
22 — Power to search without a warrant in special circumstances
23 — Record of and access to seized data
24 — Production order
25 — Expedited preservation and partial disclosure of traffic data
26 — Real-time collection of traffic data
27 — Interception of content data
28 — Obstruction and misuse
29 — Appeal
30 — Confidentiality and limitation of liability
You can access the bill here: http://www.mygov.go.ke/?p=11234 or download the attached document.
The Concerns
1. To what extent are the service providers supposed to disclose their client data to the authorities?
2. Does any of the search or seizure powers given to authorities in this section violate any privacy rights enshrined in our constitution?
3. Has this part extensively covered all the investigation procedures required for all the offences stated in part II?
4. Does it match the international standards? If it does not, kindly point out areas that need to be incorporated into the bill.
N/B: Feel free to raise any concern or question not suggested here.
We are looking forward to your feedback on the above concerns and much more.
Thank you.
Barrack and Karis.
Best Regards,
Kelvin KariukiTwitter Handle: @teacherkarisAlt email: kkariuki@mmu.ac.keMobile: +2547 29 385 557