Thanks Ali for sharing. Interesting, if not all too common story globally.

"A chain is only as strong as its weakest link" comes to mind. The weakest link being the human element in this case but could also be applicable to scale with lack of ratifying and enforcing regulation & agreements nationally and internationally; of which difficulties Gichuki has already mentioned. From my experience securing systems is the stronger (or at least easier to implement) part of the chain.

Can regulations particularly for government institutions and large financials be tightened up? For example, would not a mandatory, regular security audit by a reputable external firm be able to deter, if not bring to light such hacking sprees? 

Regards

Stuart Houston
IT consultant and project manager
Vimak 

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On Thu, Mar 9, 2017 at 5:46 PM, Dorcas Muthoni via kictanet <kictanet@lists.kictanet.or.ke> wrote:
Exactly Ali, time is now.  

On Mar 9, 2017 5:24 PM, "Ali Hussein via kictanet" <kictanet@lists.kictanet.or.ke> wrote:
An opportunity for the community to now insert itself and engage to enhance the bill?

Ali Hussein
Principal
Hussein & Associates

Twitter: @AliHKassim

Skype: abu-jomo

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"We are what we repeatedly do. Excellence, therefore, is not an act but a habit."  ~ Aristotle


Sent from my iPad

On 9 Mar 2017, at 2:24 PM, kanini mutemi via kictanet <kictanet@lists.kictanet.or.ke> wrote:

Enlightening!

A quick reading of the now withdrawn Cyber Security and Protection Bill gave a sense that we're still looking at cyber crime with the same eyes that crafted the Penal Code. Simplistic. Retroactive. Without necessarily addressing the unique challenges these crimes present. Perhaps it's time that the government considers actual capacity building in this field (no not just benchmarking visits and one  week courses). For them to regulate this area adequately, they must first understand it's ins and outs.

On Thu, Mar 9, 2017 at 2:05 PM, Douglas Gichuki <dgichuki@strathmore.edu> wrote:
Cybercrime,

As Kanini Mutemi rightly observes Kenya does not possess the substantive, procedural (legally) institutional and capacity tools to effectively deal with transnational online criminal activity. 

Cyber-crime (in the substantive forms enumerated in the various bills doing rounds) presents a simple conundrum for law: a more global law or a less global internet? What does this mean in practice? First, that we need a regional instrumen- and then multilateral global instrument that harmonizes substantive offences (ensuring the principle of double criminality) and substantive criminal procedure (Arrest Warrants and Evidence Sharing).

 This later bit is consequential because extra territorial executive action is a violation of international law (Lotus- France v Turkey). It is also crucial to have data frameworks that allow flexibility for law enforcement (imagine judicial hurdles imposed every time inter state data transfers are sought by law enforcement).Further, traditional methods of law enforcement cooperation in the form of Mutual Legal Assistance Treaties (MLATS) are too cumbersome opaque and resource needy to deal with the agile needs of volatile data. 

This is fundamental because technologies such as cloud computing and block chain make a nonsense of the Westphalian model of territory and jurisdiction.

regards,








On Thu, Mar 9, 2017 at 11:43 AM, kanini mutemi via kictanet <kictanet@lists.kictanet.or.ke> wrote:
This reactionary approach is quite ridiculous. I bet you the prosecutors will have a hard time even proving the crime. Some wouldn't even know what malware is. Now start explaining Salami to them.

However, why open a centre for the sole purpose of reporting and investigating claims? Proactivity would be a better approach. The irony is how the CIA has taken this 'precautionary approach' to the next level as seen with the wikileaks dump.


On Thu, Mar 9, 2017 at 7:26 AM, Mark Kipyegon via kictanet <kictanet@lists.kictanet.or.ke> wrote:
Even with the collusion claimed in the article, the failure of controls
that should prevent unauthorised physical and remote access to systems
is quite troubling.

On 09/03/2017 06:18, kictanet-request@lists.kictanet.or.ke wrote:
>
> Today we get a glimpse of the magnitude of cyber crime in the country.
>
> Kenya Revenue Authority, several blue-chip banks, a parastatal and a supermarket chain are some of the institutions penetrated by an international cybercrime syndicate that took off with hundreds of millions of shillings ? before they were all seized on Monday and Tuesday.
>
> Read on:-
>
> http://www.nation.co.ke/news/Police-bust-ring-of-hackers/1056-3842558-11h7q5xz/index.html
>
>


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