ICT bill .....does it fit the bill?
I'd like to support Rebecca's point of view. A while back one lister asked to know what are the actual contents of the draft presented to the AG. Are listers in agreement with the version hosted on www.information.go.ke? Dated Feb 2006? Has the bill incorporated the recommendations by KIF and do we know that for a fact? Unless I have overlooked something, the version on information.go.ke, dated feb 06, does not expressly or comprehensively cover data protection, copyright and intellectual property issues - issues which I think are to e-commerce (and BPO and IT Outsourcing) what spark plugs and fuel are to an automobile engine. I hear that media owners are not in agreement with the proposed restrictions on cross-ownership and ownership of newspapers by radio and TV licence holders (Ahead of an election year, coupled with an anti-media stance from various quarters in government, perhaps some more questions should be raised to this as well). Thus, to expect a bill to be passed in record time may not necessarily be an indicator of parliament's competence. The debate envisaged on issues of broadcasting will only serve to delay its enactment, to the detriment of the ICT sector. Francis Hook From: Rebecca Wanjiku <rebeccawanjiku@yahoo.com> Subject: [Kictanet] eCommerce Legislation, so near and yet so far. To: Kenya ICT Policy - kictanet <kictanet@kictanet.or.ke> Message-ID: <291576.79333.qm@web57710.mail.re3.yahoo.com> Content-Type: text/plain; charset="iso-8859-1" Walu, strong as it maybe, it has taken ten years, i may have used strong words but in my opinion, the government hasnt shown much commitment apart from singing how ICTs can improve our lives and you are right, some bills have been passed in record time, yet one maybe tempted to think the government is very committed, but to what extent, thats just the way i see it!! Rebecca John Walubengo <jwalu@yahoo.com> wrote: Rebecca, Your comment ''...Kenya has no ICT law, doesn?t seem to care much about e-commerce whether in country or between Kenya and other countries''...may be abit on the stronger side. I believe the relevant Kenyan agencies both in Govt, Private Sector and Civil society do care and have made and continue to make effort towards a legalised eCommerce environment. The current Kenyan ICT policy does take cognisance of the significance that eCommerce has and the draft ICT Bill (2006) does make attempts to legalise this e-environment. What could be lacking is a mechanism for fast-tracking the issues i.e. escalating the time frame between Policy, Bill and Law. Indeed, the last bit - enacting law is the trickiest since it lies at the mercy of Parliamenterians (MPs)... Nevertheless, there could be interventions tailored to gain Parliamentary 'buy-in'. After all, they have been known to pass some Bills in record-time, why not the e-Bills? walu. -------------------------------------------------------------------- mail2web - Check your email from the web at http://mail2web.com/ .
Frank, You raise some valid points that were also highlighted in the Mombasa Workshop on eTransactions i.e to what extend does the draft ICT bill address: a) Data Protection (should it be a seperate 'Act'?) b) Cyber Crime (should it be a seperate 'Act'?) c) eTransactions (should it be a seperate 'Act'?) d) Intellectual Property (should the current (Copyright) laws be reviewed?) e) etc, etc. As regards the contents of the draft that has been submitted to the AG's office from the (ICT) Ministry - I have no idea. However, this shouldn't worry me since the AG has to eventually publish the bill (i.e. making it public). And then the industry and other stakeholders will still have several opportunities for intervention i.e through MPs, through parliamentary committees, amongst other avenues. walu. --- "frank@ace-media.net" <frank@ace-media.net> wrote:
I'd like to support Rebecca's point of view. A while back one lister asked to know what are the actual contents of the draft presented to the AG. Are listers in agreement with the version hosted on www.information.go.ke? Dated Feb 2006? Has the bill incorporated the recommendations by KIF and do we know that for a fact?
Unless I have overlooked something, the version on information.go.ke, dated feb 06, does not expressly or comprehensively cover data protection, copyright and intellectual property issues - issues which I think are to e-commerce (and BPO and IT Outsourcing) what spark plugs and fuel are to an automobile engine.
I hear that media owners are not in agreement with the proposed restrictions on cross-ownership and ownership of newspapers by radio and TV licence holders (Ahead of an election year, coupled with an anti-media stance from various quarters in government, perhaps some more questions should be raised to this as well).
Thus, to expect a bill to be passed in record time may not necessarily be an indicator of parliament's competence. The debate envisaged on issues of broadcasting will only serve to delay its enactment, to the detriment of the ICT sector.
Francis Hook
From: Rebecca Wanjiku <rebeccawanjiku@yahoo.com> Subject: [Kictanet] eCommerce Legislation, so near and yet so far. To: Kenya ICT Policy - kictanet <kictanet@kictanet.or.ke> Message-ID: <291576.79333.qm@web57710.mail.re3.yahoo.com> Content-Type: text/plain; charset="iso-8859-1"
Walu, strong as it maybe, it has taken ten years, i may have used strong words but in my opinion, the government hasnt shown much commitment apart from singing how ICTs can improve our lives
and you are right, some bills have been passed in record time, yet one maybe tempted to think the government is very committed, but to what extent,
thats just the way i see it!!
Rebecca
John Walubengo <jwalu@yahoo.com> wrote: Rebecca,
Your comment
''...Kenya has no ICT law, doesn?t seem to care much about e-commerce whether in country or between Kenya and other countries''...may be abit on the stronger side.
I believe the relevant Kenyan agencies both in Govt, Private Sector and Civil society do care and have made and continue to make effort towards a legalised eCommerce environment.
The current Kenyan ICT policy does take cognisance of the significance that eCommerce has and the draft ICT Bill (2006) does make attempts to legalise this e-environment.
What could be lacking is a mechanism for fast-tracking the issues i.e. escalating the time frame between Policy, Bill and Law. Indeed, the last bit - enacting law is the trickiest since it lies at the mercy of Parliamenterians (MPs)...
Nevertheless, there could be interventions tailored to gain Parliamentary 'buy-in'. After all, they have been known to pass some Bills in record-time, why not the e-Bills?
walu.
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Dear All, I am in touch with the Parliamentary Committee and we are in agreement that we shall have a national conference after the bill is published. This will enable us to incorporate most of the contributions you are making. We also need to incorporate the excellent work that was done by Kictanet. I still have the kictanet copy and hopefully you can sustain the discussion to unearth other areas we may have skipped. Regards Bitange Ndemo.
Frank,
You raise some valid points that were also highlighted in the Mombasa Workshop on eTransactions i.e to what extend does the draft ICT bill address:
a) Data Protection (should it be a seperate 'Act'?) b) Cyber Crime (should it be a seperate 'Act'?) c) eTransactions (should it be a seperate 'Act'?) d) Intellectual Property (should the current (Copyright) laws be reviewed?) e) etc, etc.
As regards the contents of the draft that has been submitted to the AG's office from the (ICT) Ministry - I have no idea. However, this shouldn't worry me since the AG has to eventually publish the bill (i.e. making it public).
And then the industry and other stakeholders will still have several opportunities for intervention i.e through MPs, through parliamentary committees, amongst other avenues.
walu.
--- "frank@ace-media.net" <frank@ace-media.net> wrote:
I'd like to support Rebecca's point of view. A while back one lister asked to know what are the actual contents of the draft presented to the AG. Are listers in agreement with the version hosted on www.information.go.ke? Dated Feb 2006? Has the bill incorporated the recommendations by KIF and do we know that for a fact?
Unless I have overlooked something, the version on information.go.ke, dated feb 06, does not expressly or comprehensively cover data protection, copyright and intellectual property issues - issues which I think are to e-commerce (and BPO and IT Outsourcing) what spark plugs and fuel are to an automobile engine.
I hear that media owners are not in agreement with the proposed restrictions on cross-ownership and ownership of newspapers by radio and TV licence holders (Ahead of an election year, coupled with an anti-media stance from various quarters in government, perhaps some more questions should be raised to this as well).
Thus, to expect a bill to be passed in record time may not necessarily be an indicator of parliament's competence. The debate envisaged on issues of broadcasting will only serve to delay its enactment, to the detriment of the ICT sector.
Francis Hook
From: Rebecca Wanjiku <rebeccawanjiku@yahoo.com> Subject: [Kictanet] eCommerce Legislation, so near and yet so far. To: Kenya ICT Policy - kictanet <kictanet@kictanet.or.ke> Message-ID: <291576.79333.qm@web57710.mail.re3.yahoo.com> Content-Type: text/plain; charset="iso-8859-1"
Walu, strong as it maybe, it has taken ten years, i may have used strong words but in my opinion, the government hasnt shown much commitment apart from singing how ICTs can improve our lives
and you are right, some bills have been passed in record time, yet one maybe tempted to think the government is very committed, but to what extent,
thats just the way i see it!!
Rebecca
John Walubengo <jwalu@yahoo.com> wrote: Rebecca,
Your comment
''...Kenya has no ICT law, doesn?t seem to care much about e-commerce whether in country or between Kenya and other countries''...may be abit on the stronger side.
I believe the relevant Kenyan agencies both in Govt, Private Sector and Civil society do care and have made and continue to make effort towards a legalised eCommerce environment.
The current Kenyan ICT policy does take cognisance of the significance that eCommerce has and the draft ICT Bill (2006) does make attempts to legalise this e-environment.
What could be lacking is a mechanism for fast-tracking the issues i.e. escalating the time frame between Policy, Bill and Law. Indeed, the last bit - enacting law is the trickiest since it lies at the mercy of Parliamenterians (MPs)...
Nevertheless, there could be interventions tailored to gain Parliamentary 'buy-in'. After all, they have been known to pass some Bills in record-time, why not the e-Bills?
walu.
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participants (3)
-
bitange＠jambo.co.ke -
frank＠ace-media.net -
John Walubengo