There is so much work outstanding yet so many just want jobs and flashy titles Fat salaries and untaxed allowances Not that they will excel at the jobs No! They will instead obstruct others Use their high office appointments to frustrate real workers and innovators Then lobby for own private interests Using the high offices just acquired This is how I view issues these days: 1. Start with the politics on the subject 2. Study the motives of involved actors 3. Then get to the details or proposals (If there will be a need after, that is) "Regulating" akin to "Controlling" is archic Even the future of sector regulation changed. "Regulating convergence, finding solutions to foster creativity and answering consumer fears about identity theft, fraud and the invasion of their privacy were central questions at the recent Organisation for Economic Co-operation and Development (OECD) ministerial meeting in Seoul, Korea." Regulators future simplified to concentration on increasing competition,consumer protection;) The “Seoul Declaration” signed by 39 governments and the European Union on 18 June was announced as a “roadmap for the future of the internet economy. The conference was held on 17-18 June. <http://www.oecd.org/dataoecd/49/28/40839436.pdf> Civil Society background paper "Fueling Creativity, Ensuring Consumer and Privacy Protection, Building Confidence and Benefiting from Convergence." <http://thepublicvoice.org/events/seoul08/cs-paper.pdf> Skunkworks may not be a "Registered Association" but you bet it's value to us is 10x all others combined. Looking back, one sees little, if any, consumer value proposition from most of already existing associations, except their vocalness advancing "members interests" regards, --- On Mon, 7/7/08, Harry Hare <harry@africanedevelopment.org> wrote:
From: Harry Hare <harry@africanedevelopment.org> Subject: Re: [kictanet] Legislation and Regulation for e-Commerce in Kenya To: alex.gakuru@yahoo.com Cc: secretariat@kif.or.ke, "'KICTAnet ICT Policy Discussions'" <kictanet@lists.kictanet.or.ke> Date: Monday, July 7, 2008, 2:18 PM Dear all,
IMHO in this day and age we should not be talking about "regulation" or "regulating" anything, this is concept that has been overtaken by events as we entered the information age characterised by abundance as opposed to scarcity. We should focus our efforts in "facilitation" and let the industry find its own equilibrium. At the end of the day, the boys will be separated from the men - apologies for not being a GSM (Gender Sensitive Man)
Facilitative regards Harry
-----Original Message----- From: kictanet-bounces+harry=africanedevelopment.org@lists.kictanet.or.ke [mailto:kictanet-bounces+harry=africanedevelopment.org@lists.kictanet.or.ke] On Behalf Of John Walubengo Sent: 07 July 2008 12:46 To: harry@africanedevelopment.org Cc: secretariat@kif.or.ke; KICTAnet ICT Policy Discussions Subject: Re: [kictanet] Legislation and Regulation for e-Commerce in Kenya
Marcel,
It looks like quite some work has been ongoing in this area...unfortunately it seems as if it was restricted within KIF only? I wonder if Computer Society of Kenya (CSK, Waudo r u there?) or Information Security Audit & Control (ISACA-Kenya Chapter) just to mention some of the big IT Associations in Kenya were involved. I beg to be enlightened.
This brings in an old question - who really represents the IT Profession in Kenya? Shem has been on record as saying that IT is the only discipline where we seem to lack bodies with the same authority as LSK (Law Society of Kenya), IEK (Institute of Engineers of Kenya), Medical Practictioners Board amongst others to regulate the IT Profession.
And by the way, KICTAnet does not fit the bill either (and has a different objective anyway). But time has come to really start thinking of regulating the IT profession, even as we struggle to regulate the industry...Ideally, CSK should take the lead on this, but they have been awfully quite except when they award prizes at the end of the year (Waudo I know u will kill me offline but I just had to say it!).
KEPSA? very reputable and effective particularly in the Manufacturing sector but on IT? am not sure they have been as effective - particularly because the link between KEPSA/KIF and the IT industry has been 'cloudy' for lack of a better word...Can for example CSK or ISACA be part of KEPSA without being part of KIF? I again need to be enlightened.
O.K. I agree I did digress, but just thinking loudly and saying that as we think of regulating electronic transactions, we also need to simultaneously start regulating the IT profession..but maybe I am wrong. Particularly because regulation can and often leads to suppression...
walu. --- On Sun, 7/6/08, Marcel Werner <marcelcwerner@gmail.com> wrote:
From: Marcel Werner <marcelcwerner@gmail.com> Subject: [kictanet] Legislation and Regulation for e-Commerce in Kenya To: jwalu@yahoo.com Cc: secretariat@kif.or.ke, "KICTAnet ICT Policy Discussions" <kictanet@lists.kictanet.or.ke> Date: Sunday, July 6, 2008, 6:43 PM Legislation and Regulation for e-Commerce in Kenya
Kenya ICT Federation (KIF) - Briefing Note # 3 - Report - Public Panel 19 June 2008
*Electronic commerce (e-commerce) will add at least one percent point growth to Kenya's overall economic growth within five years. This is contingent upon the adoption of legislation that supports electronic transactions. *Kenya, as an emerging economy and regional leader, lags behind in having a legal framework for e-commerce in place. The current situation is an anachronism hampering national development, placing provincial centres at a disadvantage, and harming global competitiveness. Both external and internal trade require the new framework.The Kenyan private sector strongly supports e-commerce legislation, as well as legislation of the Information and Communication Technology sector that guarantees an open market and promotes innovation.
Why e-commerce law? Today, legislation supporting electronic transactions represents the single most powerful innovation opportunity in the legal framework of the ICT sector. Legislation is needed to: -Legalize e-commerce transactions by recognizing an electronic signature -Manage and control e-commerce risks -Remove e-commerce barriers KIF has studied drafts currently circulating in the public domain, the Information and Communications Bill, 2008, and the Electronic Transactions Bill, 2007, respectively, both of which are of the highest technical standards. Public panels and hearings with sectors of the economy (including tourism, agriculture, ICT) have been held on 6th and 27th May, 4th June and 19th June. The Kenyan private sector has expressed overwhelming support for urgent legislation of e-commerce.
Suggested improvements in Bills - The public panels and hearings to date have yielded the following important issues for improvement in the current Bills:
- Provisions on who can prosecute are missing
- Liability of Internet Service Providers must be demarcated
- Clarification on which commercial documents are excluded from proposed legislation
- Eliminate any ambiguity on admissibility of electronic evidence
- Need for data protection and privacy provisions
- The Bills are more lenient on e-commerce fraud than on traditional fraud
- Remove inconsistencies in determining crimes and punishments
- Provisions for the inclusion of cyber-crime within the scope of the Extradition Act
- Creation of an Administrator for e-commerce laws whose functions will be policy implementation and advisory, as a multi-sectoral body with industry associations including KIF, lead regulator Communications Commission of Kenya and co-regulator Central Bank of Kenya
Gains in tourism, agriculture, healthcare
Industry sectors, notably the tourism industry, are expressing their desire to see e-commerce covered by law. In tourism, on-line travel bookings have exceeded 80% in the USA and 50% in Europe. Decline in off-line bookings is in ample evidence. Those destinations that cannot legally support abundant on-line booking, such as Kenya, will loose market share. E-commerce in agriculture will improve small-holder's living standards. Great impact is expected notably in the coffee sector that provides livelihood to at least 5 million Kenyans, as well as in the dairy industry. Healthcare efficiency and affordability will improve by on-line health data management systems. Business operators in rural towns and rural centres have also expressed keen interest, as they see scope to address issues of trade efficiency and security in rural Kenya.
What is e-commerce
E-commerce is a method of trading that replaces paper-based documentation by a mutually binding electronic protocol between buyers and sellers. E-commerce is gaining ground globally and has become an irreversible trend. Many trading partners are already practicing e-commerce, by mutual agreement, also in Kenya. However, e-commerce will reach its full potential when parties that do not know each other are able to trade with full mutual protection under the law. This will benefit large numbers of consumers and businesses, including small-holder farmers, tourism operators, small-scale industry and services providers in almost any business sector.
About KIF
The Kenya Information and Communication Technology Federation (KIF) represents the ICT industry with Government and with private sector bodies e.g. Kenya Association of Manufacturers and Kenya Private Sector Alliance KEPSA <http://www.kepsa.org/>. KIF is a legally registered membership based Association, made up of trade associations and professional bodies within the national ICT industry, as well as commercial corporations. KIF has been accepted as the private sector voice of ICT by Government. KIF contributes ideas to key sectors like healthcare, education, agriculture, construction industry, and last but not least supports e-government development. KIF is a membership-driven organisation. Members bring issues on public policy and industry development forward for KIF to take action. Issues include: innovation promotion, education improvement, duties, taxes and levies, rural ICT investment. KIF has a strong and active network, with excellent relationships with all government agencies. KIF membership is open for market segment associations and individual companies. Membership charges are annual and based on company size. Contact: secretariat@kif.or.ke, 020 4440102 MARCEL WERNER, Chairman, Kenya ICT Federation
please send any business mail to:
Marcel.Werner@innovation-africa.or.ke_______________________________________ ________
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