Oops!, Just realised day 3 should be closing down in Nairobi and I intended to share some more stuff from the archive. Below were some of the discussions on the IT component. Hope Alex u will take note and pick what is relevant for presentation in the upcoming meeting. walu. ~~~~~begins~~~~ In the information technology, these are some of the issues that the members felt need attention with lack of clearance or generalisation standing out. Clause 47: Licence for Country Code Top-Level Domain Registrars and Registries Comment by Walu on this clause(47): This clause seems to move the control and administration of the .KE domain. Currently, the .KE domain is being managed by some PPP (Public Private Partnership) and it remains to be seen if moving this under Govt Control would be value-adding.It would be nice to hear experiences on how the country domain is managed outside Kenya. Ken Chelimo responded with: The management of the domain name should not be put under the government but instead have a representative of ICANN do it. I would suggest KENIC. This will create flexibility and having internet governance in the country put in the hands of private stakeholders. On the same matter, Harris Macharia said: Licence for Country Code Top-Level Domain Registrars and Registries: There should be a clause outlawing Cyber-squatting. Those registering domains on speculative basis should be discouraged. Clause 60. IT: Secure Electronic Record + Digital Certificates Querry by Okite on clause 60: should there be a recomendation for a,financial institution,that meets particular qualifications take charge of e-business transactions? Walu responded/suggested,with: Actually this is an interesting query. In an eCommerce environment (current practice) one would need to make provision for the following three players. -the Controller of (digital) Certificate Service Providers(Authorities) -the (digital) Certificate Service Providers -the (digital) Certificate Subscribers There seems to be just a mention and not a detailed provision for the Institution and expected behaviour of Certificate Authorities, Service Providers and Subscribers. Clause 62. Tampering with Computer Source Documents Okite wondered: how about data, software(Pirated/copyrighted )? should it be added and what should be the penalty? Walu responded with: Software piracy is currently handled by the Judiciary under the Copyright Laws that were largely designed to cater for physical items e.g Books, Music Tapes, Video Tapes, etc. The lawyers (Innovative?) may have suggestions on how to improve/fashion this Copyright Law for the IT environment. Academia:/IT elearning cirriculumn standards; Okite suggested: that KIE should be able to set/regulate this,even as far localising the content. Walu suggested/responded: KIE (Kenya Institute of Education) seems to be focused on Primary and secondary level of education. And indeed they have managed to come up with a curriculum for secondary schools though it is scarcely examined due to the fact that few (rich) schools can afford to equip and teach the course. The problem we have in Kenya is the post-high school , IT professional qualification/regulation. Wheareas, the Lawyers, the Engineers, the Doctors, the Accountants, have a fairly rigorous and strict mechanism for establishing who is and who is NOT an ICT expert/practitioner, in Kenya just about anyone and everyone can claim to be an expert and start offering ICT Consultancy services. I really do not know whether strict regulation would be good or bad for the industry. This is because quite some ICT innovations have been delivered by those who did not formally complete certain academic/professional requirements (Bill Gates ofcourse being the best/worst? example) and the problem with clamping down on ICT Practitioners who lack certain formal qualifications maybe detrimental. On the other hand, being too liberal means that quite a number of customers/consumers stand to lose (be conned) before they finally get to be serviced by the correct or qualified professional. Various regulatory mechanism floated included strengthening (in law) the role of the Computer Society of Kenya, expanding the Mandate of KASNEB the reputable Kenyan Accounting Examination Body to include ICT Exams, etc. Myra had this to say on this matter: Even if KIE need to plan for computer training, the bill should set the directives. Also KIE prepare syllabus for secondary and primary school. At this point, we need to build those already in the workforce and higher education institutions. Clauses 56,57 .etc.LAW: Okite queried or needed a clearance on the mention of Where the law/where any law?? does it mean, present in the Law of Kenya or some LAW, yet, to be put in-place? Clause 49. Retention of Electronic Records Harris queried : When and under what circumstances should the government complel an organisation to disclose data it knows about its clients e.g the log in IP address my search patterns and my chain of used passwords. Also what data should the companies keep about me especially if am using their services? Clause 50. Retention of information in original form Harris queried: Are there penalties for people who alter original electronic documents for their own reasons so as to misrepresent facts or use the same in fradulent activities. Clause 55. Secure Electronic Record Query from Kamuri: If I as a user of a website went and submitted my credit card information to a company and then the staff or employees in the company stole the credit card details and used the same for fraud then should the company be liable to pay back for the fradulent claims.Who is liable and to what extent should the company be liable. clause 58 Protected Systems Contentious issue that arose on the chat,by Nnenna:Protection of government systems and networks are better guaranteed by using FOSS? Whats your take? Okite responded by saying: at this point we are working with what we would like to see happen, which software to be used would come in ,at the implementation level. But I would like to do without clause 66,and add it under clause 58 and make it (3) Clause 61. Electronic Kenya Gazette Comment: this is an issue that came up in the chat, whether the Kenya gazette should be localised, eg Rules, regulations ... etc that go on the electronic Gazette are better off accompanied by a translation... Local languages..,whats ur take? On the same matter, Kenya gazette, Myra had this query: Electronic Kenya GazetteIs is there a section that establishes and recognises the Electronic Kenya Gazette? Another query by Okite on the Kenya gazette: Does this law exist? If it does, Can anyone who knows where it is, lead/direct us there and we see how we can fit in localisation? Clause 63. Hacking into Computer system it was felt the definition of a hacker was inappropriate by Ikua having this comment: I think the definition given here is inapproppriate. Any self respecting programmer will be offended to see the term hacker referring to a cracker. The guy who gains unauthorised access into a network may be considered a hacker. But a hacker can also be a programmer, with nothing but good intentions. So in my view this definition should not be used to mean a hacker, rather a cracker, or some other term. Also, where does this leave ethical hacking? Okite: In computer programming, a hacker is a programmer who hacks or reaches a goal by employing a series of modifications to exploit or extend existing code or resources, In computer security, a hacker is a person who specializes in work with the security mechanisms for computer and network systems, deepending on who is being addressed,it brings out a different definition: I would like to change it to unauthorised access to computer system As a result (of the above) Okite suggested a re-write of the clause as follows: 63 (1) Whoever with the intent to cause or knowing that he is likely to cause loss or damage to the public or any person destroys or deletes or alters any information in a computer resource or diminishes its value or utility or affects it injuriously by any means, commits an offense. (2) A person who accesses a system without authorization commits an offence and shall be liable on conviction to a fine not exceeding three hundred thousand shillings or imprisonment for a term not exceeding three years, or to both. Okite felt that the draft needed an added clause with the following as a sample: Appointment of experts I think this is crucial and it is nowhere in our draft, sample of the phrase: 1) The Commission may appoint as many experts as may be necessary,including experts from other countries, with a view to assisting the Commision in the performance of its functions and to achieve this vision. 2) The terms, conditions, remuneration and allowances applicable in respect of any expert by virtue of his or her appointment in terms of subsection (1), and the work to be performed or services to be rendered by virtue of such appointment, shall be determined in a written agreement entered into for that purpose between the Commission and the expert concerned. ~~~ends~~~ --- judy okite <judyokite@yahoo.com> wrote:
Thnx Alex, 2.6 UNIVERSAL ACCESS c) Creating incentives for service providers to deploy services in rural and under-served areas;
I wish it would read like this:
Provide incentives, such as tax relief and reduced regulatory fees for operators and service providers engaged in public access projects, including rollout and provision of ICT services in underserved areas
Kind Regards,
Alex Gakuru <alex.gakuru@yahoo.com> wrote: Dear Judy,
In the absence of the Kenya Gazette Notice No: 2431 (Vol CVIII No.24 Dated 31 march March, 2006) from the ministry website, I've scanned my hard copy and attached.
On Monday, 04 June 2007, Rebecca posted the ICT Bill presently before parliament.
Also attached is the 2006 draft ICT Bill we wrote about com_content&task=view&id=19557&Itemid=93〈=en_GB>
Comparing pre- and after AG drafts informs well on discrepancies (and any inconsistencies regarding ICT Policy implementation)
In case this becomes an overload, just tell us your wishes and we shall check if they are taken care of else we ask for them next Monday.
Regards,
Alex
--- Judy Okite wrote:
Alex,could pls give us a guideline or better post the ICT(to be law) to enable us make claused wishes? Kind Regards,
Dear All,
Today is Saba Saba day - a good day to liberate ICT Law and reclaim our digital future. The greatest liberation you could give every Kenyan today is a compact ICT Law!
I usually complain about mobile operators, but today it's only in the "mobile blame" aspects. I would
On 7/7/07, Alex Gakuru wrote: like
to elaborate courtesy does not permit...remember we are online here...and I have to be courteous http://www.ietf.org/rfc/rfc1855.txt
But unfortunately, migratory blame does not address unsolved needs of the abandoned plains, terrain, flora and fauna and our baby ICT ideas risk forever being bottled inside of us.
Our Wish List is still very necessary; at the very least, to strengthen "inclusion" principle. Remember also that it is non-committal, and no body will you or get offended by an innocent wish list from KICTAnet? KICTAneters who say all sorts of things?
But seriously, this is a very import moment in the history of our country and if we get the *wrong* ICT law sailing through parliament while watching helplessly, we shall do so much irreparable damage to ourselves for a very long, long, long time.
Be empowered, speak-up, and pour your hearts out. Let us share our ideas how we expect ICT Laws to be ensure justice in the e-space. Just remember that it is only a wish list and we shall ask them ALL to check if your wishes are catered for in the proposed Bill.
Tell us what your wish for a truly digitally connected Kenya is. Nothing is impossible-only
http://www.chrisreevehomepage.com/nothing-is-impossible.html
Though diverse, KICTAnet members collectively
tremendously to this process and it would be a shame to let all go to waste (Alice thanks for this "park" space)
We have very limited time to hold government, the Attorney General and all the Hon. ICT Law makers accountable, i.e. the people in authority and
in-waiting (or between) authority.
Go on and start wishing right away......
Notes:
1. Walubengo (the moderator and I) will note your properly legalised digital Kenya wishes.
2. A KICTAnet rep will present wishes to PS at the upcoming event.
3. You can send on-or-off list to either, both of us
4. If you remain silent then you are also part of
invested those the
problem, offer a solution.
DISCLAIMER My consumer involvement is different from this activity thus I shall be neutral and alert all when I am wearing that hat.(telcos and ISPs people we are "buddies" on this one huh;-)
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