Walu, Well Said. You Know it. I know it. But does the common mwananchi know it? So when the government says that you can be prosecuted for such SMSs they suddenly stop. Which is good in some way. Ignorance can be used for good sometimes. Regards, ***************************************** Bernard Mwenda, Network Management Centre (NMC) Manager, Afsat Communications (Africa) Ltd, Tel:+254 20 608621 : Fax:+254 20 602826 Cell:+254 722 521155 (Safaricom) Cell:+254 736 696907 (Celtel) E-mail:bmwenda@iwayafrica.com www.iwayafrica.com ________________________________________ From: kictanet-bounces+bmwenda=iwayafrica.com@lists.kictanet.or.ke [kictanet-bounces+bmwenda=iwayafrica.com@lists.kictanet.or.ke] On Behalf Of John Walubengo [jwalu@yahoo.com] Sent: Monday, February 11, 2008 3:46 PM To: Bernard Mwenda Cc: KICTAnet ICT Policy Discussions Subject: Re: [kictanet] Is Big Brother watching us? mmmhhh, Assuming that the eLegislation does exist (not just an ammendmend to some existing manual legislation whose context may have been totally different) i still believe that it would take a genius prosecutor to win such a case (as SMS hate-messaging). Am not a lawyer but I do know that to sustain charges and prove a case, it takes more than just legislation. There's the little bit of: 1) gathering and preserving the (electronic) evidence 2) proving beyond reasonable doubt that it did originate from me and has not been tampered with or somebody used my phone?. 3) getting an e-Compliant judge or magistrate (how many do we have?) as well as Prosecutors. 4) Accepting digital evidence in courts (remember the police spokesman claim that some recent footage on the riots were merely computer generated?); Yes, apparently electronic evidence is now admissible in Kenyan courts but how many are in the know? In short, I believe we are still a long way towards instituting and practicing eLegislation. And that cuts both ways i.e. there's a chance that you could send hate messages and win the case but there's also the chance that Big Brother can watch us and also get away with it using those very same institutional incapacities... walu. --- bitange@jambo.co.ke wrote:
Mr. Njoka, You do not have any right at all sending hate messages. This will land you in jail. Check the penal code.
Yes the Government will prosecute those who violete rights of other people. Government applies the laws made by our representatives and if you do not like them, you lobby your mps to change them. This debate has pt no real meaning in this forum unless you specific proposals that would help create an ideal society..
Bitange Ndemo
Sent from my BlackBerry®
-----Original Message----- From: "Miano Njoka" <mianonjoka@gmail.com>
Date: Sun, 10 Feb 2008 14:03:21 To:bitange@jambo.co.ke Cc:KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke> Subject: [kictanet] Is Big Brother watching us?
A while back, the government announced that it would prosecute anyone sending hate messages via SMS. Safaricom's CEO mentioned in a post to this list that they were working on a filtering system to stop hate messages, pornography, etc.
Are these actions right? Is Big Brother (in George Orwell's 1984) watching us? I guess valid arguments can be made both for and against the government invading its citizens privacy in the interest of national security, what I'd like to know is, are these actions legal? Are there laws in Kenya to protect the right to privacy? Are communication companies bound by law to protect their customers information? Are these laws, if any, enforced?
Miano Njoka.
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