Computer and Cyber crimes bill 2016 Day 1 of 5 Part 2 Offences
Listers, As announced last week, online discussions on the Computer and Cybercrimes bill 2016 will start today. The Computer and Cybercrimes bill can be accessed using the following link http://www.mygov.go.ke/?p=11234. Today we focus on part II of the bill which focuses on the offences: Questions 1. Does the section address computer and cyber crime related offenses in a comprehensive manner and according to International standards ? 2. If it does not can you point out areas that need to be incorporated into the bill? 3. Are there clauses in this section that will impede the growth of electronic commerce or affect online citizen participation as seen on Kenyans on Twitter (KOT) ? If that is the case , how should the same be phrased? 4. Do you have any other proposals that can be incorporated into part 2 to improve it? We welcome your feedback on the questions above, Thank you Kelvin and Barrack -- Barrack O. Otieno +254721325277 +254733206359 Skype: barrack.otieno PGP ID: 0x2611D86A
Listers, As you prepare your comments, we had an interesting case last week of www.uhuru.co.ke. Apparently the owner of the domain was ready to part with it for a tidy sum of money. There were counterarguments as to whether the domain was a generic name or whether it was a trademark :-)(you know what i mean), it also brought to fore the issue of cybersquatting and whether it is an illegal activity on the dot Ke space. There are those who felt that this is a genuine mode of business akin to speculation in real estate. Was this an offence in light of the Computer and Cybercrimes bill 2016? Regards On 7/25/16, Barrack Otieno <otieno.barrack@gmail.com> wrote:
Listers,
As announced last week, online discussions on the Computer and Cybercrimes bill 2016 will start today. The Computer and Cybercrimes bill can be accessed using the following link http://www.mygov.go.ke/?p=11234.
Today we focus on part II of the bill which focuses on the offences:
Questions
1. Does the section address computer and cyber crime related offenses in a comprehensive manner and according to International standards ? 2. If it does not can you point out areas that need to be incorporated into the bill? 3. Are there clauses in this section that will impede the growth of electronic commerce or affect online citizen participation as seen on Kenyans on Twitter (KOT) ? If that is the case , how should the same be phrased? 4. Do you have any other proposals that can be incorporated into part 2 to improve it?
We welcome your feedback on the questions above,
Thank you
Kelvin and Barrack -- Barrack O. Otieno +254721325277 +254733206359 Skype: barrack.otieno PGP ID: 0x2611D86A
-- Barrack O. Otieno +254721325277 +254733206359 Skype: barrack.otieno PGP ID: 0x2611D86A
Barrack and all To address the issue of uhuru.co.ke in relation to the cyber crime Bill 2006. Let me first address the issue of cybersquatting as opposed to the practice of selling domains in the Domain After Market. Cyber-Squatting is best described as the practice of registering names, especially well-known company or brand names, as Internet domains, in the hope of reselling them at a profit. For example:- Walmart.co.ke Carrefour.co.ke Yahoo.co.ke (which incidentally I once owned when I didn't know any better! :-) ) Google.co.ke (which incidentally was free once not too long ago) The domain aftermarket is the secondary market for Internet domain names which a party interested in acquiring a domain that is already registered bids or negotiates a price to effect the transfer of registration from the registered holder of that domain name. The professional pursuit of speculation in the domain aftermarket is known as domaining. The domain aftermarket has grown substantially, as an increasing number of generic domains names that promise 'marketing appeal' and 'desirability' are registered by domain warehouses, or resellers. The domain aftermarket is facilitated by auction houses which provide communication methods for buyers and sellers to interact, often anonymously, to negotiate and close a transaction. They often provide additional services, such as financial escrow services and domain parking. Now let's address the uhuru.co.ke case. This is similar to the Evans Kidero case sometime back. In that particular case the Good Governor's team had the good sense to negotiate and acquire the domain that had slipped through their fingers. So is Uhuru a Brand Name or a Generic Name? A quick look at Google search results indicate that the word Uhuru has a generic meaning (freedom) and is also a name. So which one is it? A Brand Name or a Generic one. Let's do another exercise. Word. Generic name or brand name for one of the most successful computer programs ever? You get the picture.. Does this issue belong in the Cyber-Security bill? My take:- A resounding NO. Let's apportion the blame where it belongs..with the guys who should have known better and let such a valuable Generic Name lapse. KeNIC are you listening? Seems like some people need 101 lessons on Defensive Domain Registration. And to Corporates out there here's my advise for free:- Move your domain custodian services from the IT Department to the Marketing Department. My two cowrie shells.. Ali Hussein Principal Hussein & Associates +254 0713 601113 / 0770906375 Twitter: @AliHKassim Skype: abu-jomo LinkedIn: http://ke.linkedin.com/in/alihkassim "Discovery consists in seeing what everyone else has seen and thinking what no one else has thought". ~ Albert Szent-Györgyi Sent from my iPad
On 25 Jul 2016, at 9:45 AM, Barrack Otieno via isoc <isoc@lists.my.co.ke> wrote:
Listers,
As you prepare your comments, we had an interesting case last week of www.uhuru.co.ke. Apparently the owner of the domain was ready to part with it for a tidy sum of money. There were counterarguments as to whether the domain was a generic name or whether it was a trademark :-)(you know what i mean), it also brought to fore the issue of cybersquatting and whether it is an illegal activity on the dot Ke space. There are those who felt that this is a genuine mode of business akin to speculation in real estate. Was this an offence in light of the Computer and Cybercrimes bill 2016?
Regards
On 7/25/16, Barrack Otieno <otieno.barrack@gmail.com> wrote: Listers,
As announced last week, online discussions on the Computer and Cybercrimes bill 2016 will start today. The Computer and Cybercrimes bill can be accessed using the following link http://www.mygov.go.ke/?p=11234.
Today we focus on part II of the bill which focuses on the offences:
Questions
1. Does the section address computer and cyber crime related offenses in a comprehensive manner and according to International standards ? 2. If it does not can you point out areas that need to be incorporated into the bill? 3. Are there clauses in this section that will impede the growth of electronic commerce or affect online citizen participation as seen on Kenyans on Twitter (KOT) ? If that is the case , how should the same be phrased? 4. Do you have any other proposals that can be incorporated into part 2 to improve it?
We welcome your feedback on the questions above,
Thank you
Kelvin and Barrack -- Barrack O. Otieno +254721325277 +254733206359 Skype: barrack.otieno PGP ID: 0x2611D86A
-- Barrack O. Otieno +254721325277 +254733206359 Skype: barrack.otieno PGP ID: 0x2611D86A
_______________________________________________ isoc mailing list isoc@lists.my.co.ke http://lists.my.co.ke/cgi-bin/mailman/listinfo/isoc
Many thanks Ali, Indeed such things happen when elections are around the corner, i also think the Computer and Cyber Crimes Bill will become more relevant as we approach elections, reading the act i cant help but observe that some of the offenses attract fines for as much as 7 million shillings are we getting over excited or is this the norm internationally? i hope other listers have had a change to review the bill. Regards On 7/25/16, Ali Hussein <ali@hussein.me.ke> wrote:
Barrack and all
To address the issue of uhuru.co.ke in relation to the cyber crime Bill 2006.
Let me first address the issue of cybersquatting as opposed to the practice of selling domains in the Domain After Market.
Cyber-Squatting is best described as the practice of registering names, especially well-known company or brand names, as Internet domains, in the hope of reselling them at a profit. For example:-
Walmart.co.ke Carrefour.co.ke Yahoo.co.ke (which incidentally I once owned when I didn't know any better! :-) ) Google.co.ke (which incidentally was free once not too long ago)
The domain aftermarket is the secondary market for Internet domain names which a party interested in acquiring a domain that is already registered bids or negotiates a price to effect the transfer of registration from the registered holder of that domain name. The professional pursuit of speculation in the domain aftermarket is known as domaining. The domain aftermarket has grown substantially, as an increasing number of generic domains names that promise 'marketing appeal' and 'desirability' are registered by domain warehouses, or resellers.
The domain aftermarket is facilitated by auction houses which provide communication methods for buyers and sellers to interact, often anonymously, to negotiate and close a transaction. They often provide additional services, such as financial escrow services and domain parking.
Now let's address the uhuru.co.ke case. This is similar to the Evans Kidero case sometime back. In that particular case the Good Governor's team had the good sense to negotiate and acquire the domain that had slipped through their fingers.
So is Uhuru a Brand Name or a Generic Name?
A quick look at Google search results indicate that the word Uhuru has a generic meaning (freedom) and is also a name.
So which one is it? A Brand Name or a Generic one.
Let's do another exercise.
Word. Generic name or brand name for one of the most successful computer programs ever?
You get the picture..
Does this issue belong in the Cyber-Security bill?
My take:- A resounding NO. Let's apportion the blame where it belongs..with the guys who should have known better and let such a valuable Generic Name lapse.
KeNIC are you listening? Seems like some people need 101 lessons on Defensive Domain Registration.
And to Corporates out there here's my advise for free:-
Move your domain custodian services from the IT Department to the Marketing Department.
My two cowrie shells..
Ali Hussein Principal Hussein & Associates +254 0713 601113 / 0770906375
Twitter: @AliHKassim Skype: abu-jomo LinkedIn: http://ke.linkedin.com/in/alihkassim
"Discovery consists in seeing what everyone else has seen and thinking what no one else has thought". ~ Albert Szent-Györgyi
Sent from my iPad
On 25 Jul 2016, at 9:45 AM, Barrack Otieno via isoc <isoc@lists.my.co.ke> wrote:
Listers,
As you prepare your comments, we had an interesting case last week of www.uhuru.co.ke. Apparently the owner of the domain was ready to part with it for a tidy sum of money. There were counterarguments as to whether the domain was a generic name or whether it was a trademark :-)(you know what i mean), it also brought to fore the issue of cybersquatting and whether it is an illegal activity on the dot Ke space. There are those who felt that this is a genuine mode of business akin to speculation in real estate. Was this an offence in light of the Computer and Cybercrimes bill 2016?
Regards
On 7/25/16, Barrack Otieno <otieno.barrack@gmail.com> wrote: Listers,
As announced last week, online discussions on the Computer and Cybercrimes bill 2016 will start today. The Computer and Cybercrimes bill can be accessed using the following link http://www.mygov.go.ke/?p=11234.
Today we focus on part II of the bill which focuses on the offences:
Questions
1. Does the section address computer and cyber crime related offenses in a comprehensive manner and according to International standards ? 2. If it does not can you point out areas that need to be incorporated into the bill? 3. Are there clauses in this section that will impede the growth of electronic commerce or affect online citizen participation as seen on Kenyans on Twitter (KOT) ? If that is the case , how should the same be phrased? 4. Do you have any other proposals that can be incorporated into part 2 to improve it?
We welcome your feedback on the questions above,
Thank you
Kelvin and Barrack -- Barrack O. Otieno +254721325277 +254733206359 Skype: barrack.otieno PGP ID: 0x2611D86A
-- Barrack O. Otieno +254721325277 +254733206359 Skype: barrack.otieno PGP ID: 0x2611D86A
_______________________________________________ isoc mailing list isoc@lists.my.co.ke http://lists.my.co.ke/cgi-bin/mailman/listinfo/isoc
-- Barrack O. Otieno +254721325277 +254733206359 Skype: barrack.otieno PGP ID: 0x2611D86A
On Cyber squatting, I don't see the rationale of it being a criminal offence. It being a civil wrong, maybe yes. But as lawyers say, equity aids the vigilant and not the indolent. On Jul 25, 2016 2:34 PM, "Barrack Otieno via kictanet" < kictanet@lists.kictanet.or.ke> wrote:
Many thanks Ali,
Indeed such things happen when elections are around the corner, i also think the Computer and Cyber Crimes Bill will become more relevant as we approach elections, reading the act i cant help but observe that some of the offenses attract fines for as much as 7 million shillings are we getting over excited or is this the norm internationally? i hope other listers have had a change to review the bill.
Regards
Barrack and all
To address the issue of uhuru.co.ke in relation to the cyber crime Bill 2006.
Let me first address the issue of cybersquatting as opposed to the
of selling domains in the Domain After Market.
Cyber-Squatting is best described as the practice of registering names, especially well-known company or brand names, as Internet domains, in the hope of reselling them at a profit. For example:-
Walmart.co.ke Carrefour.co.ke Yahoo.co.ke (which incidentally I once owned when I didn't know any better! :-) ) Google.co.ke (which incidentally was free once not too long ago)
The domain aftermarket is the secondary market for Internet domain names which a party interested in acquiring a domain that is already registered bids or negotiates a price to effect the transfer of registration from
registered holder of that domain name. The professional pursuit of speculation in the domain aftermarket is known as domaining. The domain aftermarket has grown substantially, as an increasing number of generic domains names that promise 'marketing appeal' and 'desirability' are registered by domain warehouses, or resellers.
The domain aftermarket is facilitated by auction houses which provide communication methods for buyers and sellers to interact, often anonymously, to negotiate and close a transaction. They often provide additional services, such as financial escrow services and domain parking.
Now let's address the uhuru.co.ke case. This is similar to the Evans Kidero case sometime back. In that particular case the Good Governor's team had
On 7/25/16, Ali Hussein <ali@hussein.me.ke> wrote: practice the the
good sense to negotiate and acquire the domain that had slipped through their fingers.
So is Uhuru a Brand Name or a Generic Name?
A quick look at Google search results indicate that the word Uhuru has a generic meaning (freedom) and is also a name.
So which one is it? A Brand Name or a Generic one.
Let's do another exercise.
Word. Generic name or brand name for one of the most successful computer programs ever?
You get the picture..
Does this issue belong in the Cyber-Security bill?
My take:- A resounding NO. Let's apportion the blame where it belongs..with the guys who should have known better and let such a valuable Generic Name lapse.
KeNIC are you listening? Seems like some people need 101 lessons on Defensive Domain Registration.
And to Corporates out there here's my advise for free:-
Move your domain custodian services from the IT Department to the Marketing Department.
My two cowrie shells..
Ali Hussein Principal Hussein & Associates +254 0713 601113 / 0770906375
Twitter: @AliHKassim Skype: abu-jomo LinkedIn: http://ke.linkedin.com/in/alihkassim
"Discovery consists in seeing what everyone else has seen and thinking what no one else has thought". ~ Albert Szent-Györgyi
Sent from my iPad
On 25 Jul 2016, at 9:45 AM, Barrack Otieno via isoc < isoc@lists.my.co.ke> wrote:
Listers,
As you prepare your comments, we had an interesting case last week of www.uhuru.co.ke. Apparently the owner of the domain was ready to part with it for a tidy sum of money. There were counterarguments as to whether the domain was a generic name or whether it was a trademark :-)(you know what i mean), it also brought to fore the issue of cybersquatting and whether it is an illegal activity on the dot Ke space. There are those who felt that this is a genuine mode of business akin to speculation in real estate. Was this an offence in light of the Computer and Cybercrimes bill 2016?
Regards
On 7/25/16, Barrack Otieno <otieno.barrack@gmail.com> wrote: Listers,
As announced last week, online discussions on the Computer and Cybercrimes bill 2016 will start today. The Computer and Cybercrimes bill can be accessed using the following link http://www.mygov.go.ke/?p=11234.
Today we focus on part II of the bill which focuses on the offences:
Questions
1. Does the section address computer and cyber crime related offenses in a comprehensive manner and according to International standards ? 2. If it does not can you point out areas that need to be incorporated into the bill? 3. Are there clauses in this section that will impede the growth of electronic commerce or affect online citizen participation as seen on Kenyans on Twitter (KOT) ? If that is the case , how should the same be phrased? 4. Do you have any other proposals that can be incorporated into part 2 to improve it?
We welcome your feedback on the questions above,
Thank you
Kelvin and Barrack -- Barrack O. Otieno +254721325277 +254733206359 Skype: barrack.otieno PGP ID: 0x2611D86A
-- Barrack O. Otieno +254721325277 +254733206359 Skype: barrack.otieno PGP ID: 0x2611D86A
_______________________________________________ isoc mailing list isoc@lists.my.co.ke http://lists.my.co.ke/cgi-bin/mailman/listinfo/isoc
-- Barrack O. Otieno +254721325277 +254733206359 Skype: barrack.otieno PGP ID: 0x2611D86A
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Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/monyango93%40gmail.com
The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
Dear Listers, The bill clearly outlines the unauthorized disclosure of a password as a crime, however, it is silent on a situation where an employee 'refuses' to hand-over passwords of certain accounts including servers, and web domain registrar or claims to have 'forgotten' those passwords, especially in situations where they have lost their job . So my questions are: 1. Is that a criminal offence? 2. Should it be dealt with the company policy or should it be included in this bill? On Mon, Jul 25, 2016 at 8:12 PM, Francis Monyango via kictanet < kictanet@lists.kictanet.or.ke> wrote:
On Cyber squatting, I don't see the rationale of it being a criminal offence. It being a civil wrong, maybe yes. But as lawyers say, equity aids the vigilant and not the indolent. On Jul 25, 2016 2:34 PM, "Barrack Otieno via kictanet" < kictanet@lists.kictanet.or.ke> wrote:
Many thanks Ali,
Indeed such things happen when elections are around the corner, i also think the Computer and Cyber Crimes Bill will become more relevant as we approach elections, reading the act i cant help but observe that some of the offenses attract fines for as much as 7 million shillings are we getting over excited or is this the norm internationally? i hope other listers have had a change to review the bill.
Regards
Barrack and all
To address the issue of uhuru.co.ke in relation to the cyber crime Bill 2006.
Let me first address the issue of cybersquatting as opposed to the
of selling domains in the Domain After Market.
Cyber-Squatting is best described as the practice of registering names, especially well-known company or brand names, as Internet domains, in
hope of reselling them at a profit. For example:-
Walmart.co.ke Carrefour.co.ke Yahoo.co.ke (which incidentally I once owned when I didn't know any better! :-) ) Google.co.ke (which incidentally was free once not too long ago)
The domain aftermarket is the secondary market for Internet domain names which a party interested in acquiring a domain that is already registered bids or negotiates a price to effect the transfer of registration from
On 7/25/16, Ali Hussein <ali@hussein.me.ke> wrote: practice the the
registered holder of that domain name. The professional pursuit of speculation in the domain aftermarket is known as domaining. The domain aftermarket has grown substantially, as an increasing number of generic domains names that promise 'marketing appeal' and 'desirability' are registered by domain warehouses, or resellers.
The domain aftermarket is facilitated by auction houses which provide communication methods for buyers and sellers to interact, often anonymously, to negotiate and close a transaction. They often provide additional services, such as financial escrow services and domain parking.
Now let's address the uhuru.co.ke case. This is similar to the Evans Kidero case sometime back. In that particular case the Good Governor's team had the good sense to negotiate and acquire the domain that had slipped through their fingers.
So is Uhuru a Brand Name or a Generic Name?
A quick look at Google search results indicate that the word Uhuru has a generic meaning (freedom) and is also a name.
So which one is it? A Brand Name or a Generic one.
Let's do another exercise.
Word. Generic name or brand name for one of the most successful computer programs ever?
You get the picture..
Does this issue belong in the Cyber-Security bill?
My take:- A resounding NO. Let's apportion the blame where it belongs..with the guys who should have known better and let such a valuable Generic Name lapse.
KeNIC are you listening? Seems like some people need 101 lessons on Defensive Domain Registration.
And to Corporates out there here's my advise for free:-
Move your domain custodian services from the IT Department to the Marketing Department.
My two cowrie shells..
Ali Hussein Principal Hussein & Associates +254 0713 601113 / 0770906375
Twitter: @AliHKassim Skype: abu-jomo LinkedIn: http://ke.linkedin.com/in/alihkassim
"Discovery consists in seeing what everyone else has seen and thinking what no one else has thought". ~ Albert Szent-Györgyi
Sent from my iPad
On 25 Jul 2016, at 9:45 AM, Barrack Otieno via isoc < isoc@lists.my.co.ke> wrote:
Listers,
As you prepare your comments, we had an interesting case last week of www.uhuru.co.ke. Apparently the owner of the domain was ready to part with it for a tidy sum of money. There were counterarguments as to whether the domain was a generic name or whether it was a trademark :-)(you know what i mean), it also brought to fore the issue of cybersquatting and whether it is an illegal activity on the dot Ke space. There are those who felt that this is a genuine mode of business akin to speculation in real estate. Was this an offence in light of the Computer and Cybercrimes bill 2016?
Regards
On 7/25/16, Barrack Otieno <otieno.barrack@gmail.com> wrote: Listers,
As announced last week, online discussions on the Computer and Cybercrimes bill 2016 will start today. The Computer and Cybercrimes bill can be accessed using the following link http://www.mygov.go.ke/?p=11234.
Today we focus on part II of the bill which focuses on the offences:
Questions
1. Does the section address computer and cyber crime related offenses in a comprehensive manner and according to International standards ? 2. If it does not can you point out areas that need to be incorporated into the bill? 3. Are there clauses in this section that will impede the growth of electronic commerce or affect online citizen participation as seen on Kenyans on Twitter (KOT) ? If that is the case , how should the same be phrased? 4. Do you have any other proposals that can be incorporated into part 2 to improve it?
We welcome your feedback on the questions above,
Thank you
Kelvin and Barrack -- Barrack O. Otieno +254721325277 +254733206359 Skype: barrack.otieno PGP ID: 0x2611D86A
-- Barrack O. Otieno +254721325277 +254733206359 Skype: barrack.otieno PGP ID: 0x2611D86A
_______________________________________________ isoc mailing list isoc@lists.my.co.ke http://lists.my.co.ke/cgi-bin/mailman/listinfo/isoc
-- Barrack O. Otieno +254721325277 +254733206359 Skype: barrack.otieno PGP ID: 0x2611D86A
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The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet
Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/kelvinkariuki89%40gmai...
The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
-- Best Regards, Kelvin Kariuki Twitter Handle: @teacherkaris Alt email: kkariuki@mmu.ac.ke Mobile: +2547 29 385 557
Thanks Barrack for bringing up this for discussion, With regard to cyber squatting, it is logical that whoever is first to register a domain name should acquire full proprietary rights. The alternative would be to require that every time you wish to register a particular domain you move around asking everyone whether a particular name might be their trademark. In deed I am of the view that cyber squatting and domain name hawking ought to be recognized as a legitimate trade. Further issues on the Cyber crime Bill revolve around how the crime angle dovetails with technological dynamics and realities. Essentially, cyber crimes are perpetrated by a sophisticated lot. Technology tools are also evolving speedily making thus the need for a forward looking cyber crime legislation. From a preliminary perspective some of the aspects that require further reflection appertain to the following: 1. Cyber crime in the context of technology convergence- Conventionally, computers have been the most potent ICT tools. Yet, evolving trends point towards the mobile phone as an extremely powerful computing tool. As a matter of fact, few stationary devices can match the capabilities of an average smart phone, including its propensity to orchestrate lethal cyber crimes. From a cursory look at the Bill, I am unable to tell the placement of the mobile phone. Is it included and if so what are the possible scenarios that may play out during enforcement of this proposed law. Is there anything for instance which would preclude a police officer from obtaining a warrant as per section 21 to confiscate your mobile phone for investigation purposes? 2. Cloud Based services- How will crimes relating to data that resides on a Virtual Hosting server be treated. For instance, if someone procures cloud facilities from Safaricom and uses the same for prohibited purposes such as storage of child pornography, who will be held liable in this case? Is it the client or the service provider? I can almost see Sir Bob Collymore and his principal officers being jailed under section 16. 3. Dark net and unconventional browsers- Use of disguised and anonymous web navigation tools such as onion routers and others that provide secret system access is getting prevalent. It is even possible for cyber criminals to store rogue content in your computer system or to use them to commit cyber crime without your knowledge. What will prevent investigators from taking innocent victims of circumstances to Pangani to "assist" police with investigations. 4. Investigation and Enforcement- Cyber crimes are very technical in nature. Requiring the police to enforce the Act without affording them specialized training on cyber security will be asking for too much. In the fullness of time, there will be need to legally provide for a dedicated unit to pursue a multi-pronged approach that encompasses cyber incident detection, prevention and deterrence. Kamotho On Mon, Jul 25, 2016 at 9:02 PM, Kelvin Kariuki via kictanet < kictanet@lists.kictanet.or.ke> wrote:
Dear Listers,
The bill clearly outlines the unauthorized disclosure of a password as a crime, however, it is silent on a situation where an employee 'refuses' to hand-over passwords of certain accounts including servers, and web domain registrar or claims to have 'forgotten' those passwords, especially in situations where they have lost their job . So my questions are: 1. Is that a criminal offence? 2. Should it be dealt with the company policy or should it be included in this bill?
On Mon, Jul 25, 2016 at 8:12 PM, Francis Monyango via kictanet < kictanet@lists.kictanet.or.ke> wrote:
On Cyber squatting, I don't see the rationale of it being a criminal offence. It being a civil wrong, maybe yes. But as lawyers say, equity aids the vigilant and not the indolent. On Jul 25, 2016 2:34 PM, "Barrack Otieno via kictanet" < kictanet@lists.kictanet.or.ke> wrote:
Many thanks Ali,
Indeed such things happen when elections are around the corner, i also think the Computer and Cyber Crimes Bill will become more relevant as we approach elections, reading the act i cant help but observe that some of the offenses attract fines for as much as 7 million shillings are we getting over excited or is this the norm internationally? i hope other listers have had a change to review the bill.
Regards
Barrack and all
To address the issue of uhuru.co.ke in relation to the cyber crime Bill 2006.
Let me first address the issue of cybersquatting as opposed to the
of selling domains in the Domain After Market.
Cyber-Squatting is best described as the practice of registering names, especially well-known company or brand names, as Internet domains, in
hope of reselling them at a profit. For example:-
Walmart.co.ke Carrefour.co.ke Yahoo.co.ke (which incidentally I once owned when I didn't know any better! :-) ) Google.co.ke (which incidentally was free once not too long ago)
The domain aftermarket is the secondary market for Internet domain names which a party interested in acquiring a domain that is already registered bids or negotiates a price to effect the transfer of registration from
On 7/25/16, Ali Hussein <ali@hussein.me.ke> wrote: practice the the
registered holder of that domain name. The professional pursuit of speculation in the domain aftermarket is known as domaining. The domain aftermarket has grown substantially, as an increasing number of generic domains names that promise 'marketing appeal' and 'desirability' are registered by domain warehouses, or resellers.
The domain aftermarket is facilitated by auction houses which provide communication methods for buyers and sellers to interact, often anonymously, to negotiate and close a transaction. They often provide additional services, such as financial escrow services and domain parking.
Now let's address the uhuru.co.ke case. This is similar to the Evans Kidero case sometime back. In that particular case the Good Governor's team had the good sense to negotiate and acquire the domain that had slipped through their fingers.
So is Uhuru a Brand Name or a Generic Name?
A quick look at Google search results indicate that the word Uhuru has a generic meaning (freedom) and is also a name.
So which one is it? A Brand Name or a Generic one.
Let's do another exercise.
Word. Generic name or brand name for one of the most successful computer programs ever?
You get the picture..
Does this issue belong in the Cyber-Security bill?
My take:- A resounding NO. Let's apportion the blame where it belongs..with the guys who should have known better and let such a valuable Generic Name lapse.
KeNIC are you listening? Seems like some people need 101 lessons on Defensive Domain Registration.
And to Corporates out there here's my advise for free:-
Move your domain custodian services from the IT Department to the Marketing Department.
My two cowrie shells..
Ali Hussein Principal Hussein & Associates +254 0713 601113 / 0770906375
Twitter: @AliHKassim Skype: abu-jomo LinkedIn: http://ke.linkedin.com/in/alihkassim
"Discovery consists in seeing what everyone else has seen and thinking what no one else has thought". ~ Albert Szent-Györgyi
Sent from my iPad
On 25 Jul 2016, at 9:45 AM, Barrack Otieno via isoc < isoc@lists.my.co.ke> wrote:
Listers,
As you prepare your comments, we had an interesting case last week of www.uhuru.co.ke. Apparently the owner of the domain was ready to part with it for a tidy sum of money. There were counterarguments as to whether the domain was a generic name or whether it was a trademark :-)(you know what i mean), it also brought to fore the issue of cybersquatting and whether it is an illegal activity on the dot Ke space. There are those who felt that this is a genuine mode of business akin to speculation in real estate. Was this an offence in light of the Computer and Cybercrimes bill 2016?
Regards
On 7/25/16, Barrack Otieno <otieno.barrack@gmail.com> wrote: Listers,
As announced last week, online discussions on the Computer and Cybercrimes bill 2016 will start today. The Computer and Cybercrimes bill can be accessed using the following link http://www.mygov.go.ke/?p=11234.
Today we focus on part II of the bill which focuses on the offences:
Questions
1. Does the section address computer and cyber crime related offenses in a comprehensive manner and according to International standards ? 2. If it does not can you point out areas that need to be incorporated into the bill? 3. Are there clauses in this section that will impede the growth of electronic commerce or affect online citizen participation as seen on Kenyans on Twitter (KOT) ? If that is the case , how should the same be phrased? 4. Do you have any other proposals that can be incorporated into part 2 to improve it?
We welcome your feedback on the questions above,
Thank you
Kelvin and Barrack -- Barrack O. Otieno +254721325277 +254733206359 Skype: barrack.otieno PGP ID: 0x2611D86A
-- Barrack O. Otieno +254721325277 +254733206359 Skype: barrack.otieno PGP ID: 0x2611D86A
_______________________________________________ isoc mailing list isoc@lists.my.co.ke http://lists.my.co.ke/cgi-bin/mailman/listinfo/isoc
-- Barrack O. Otieno +254721325277 +254733206359 Skype: barrack.otieno PGP ID: 0x2611D86A
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KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
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The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
-- Best Regards,
Kelvin Kariuki Twitter Handle: @teacherkaris Alt email: kkariuki@mmu.ac.ke Mobile: +2547 29 385 557
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The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
Greetings @ Kamotho, You raise very interesting points in addition to pointing out some glaring gaps in the bill. I have read the revised ICT bill and it takes care of Intermediary liability, however there is need to align it to the Cybercrime bill as you point out otherwise we might have challenges during implementation considering the fact that most of our Judges are not typical ICT Practitioners, i am curious to know what other listers think about some of the key issues you have raised. On Tue, Jul 26, 2016 at 9:02 AM, Kamotho Njenga via kictanet <kictanet@lists.kictanet.or.ke> wrote:
Thanks Barrack for bringing up this for discussion,
With regard to cyber squatting, it is logical that whoever is first to register a domain name should acquire full proprietary rights. The alternative would be to require that every time you wish to register a particular domain you move around asking everyone whether a particular name might be their trademark. In deed I am of the view that cyber squatting and domain name hawking ought to be recognized as a legitimate trade.
Further issues on the Cyber crime Bill revolve around how the crime angle dovetails with technological dynamics and realities. Essentially, cyber crimes are perpetrated by a sophisticated lot. Technology tools are also evolving speedily making thus the need for a forward looking cyber crime legislation. From a preliminary perspective some of the aspects that require further reflection appertain to the following:
1. Cyber crime in the context of technology convergence- Conventionally, computers have been the most potent ICT tools. Yet, evolving trends point towards the mobile phone as an extremely powerful computing tool. As a matter of fact, few stationary devices can match the capabilities of an average smart phone, including its propensity to orchestrate lethal cyber crimes. From a cursory look at the Bill, I am unable to tell the placement of the mobile phone. Is it included and if so what are the possible scenarios that may play out during enforcement of this proposed law. Is there anything for instance which would preclude a police officer from obtaining a warrant as per section 21 to confiscate your mobile phone for investigation purposes?
2. Cloud Based services- How will crimes relating to data that resides on a Virtual Hosting server be treated. For instance, if someone procures cloud facilities from Safaricom and uses the same for prohibited purposes such as storage of child pornography, who will be held liable in this case? Is it the client or the service provider? I can almost see Sir Bob Collymore and his principal officers being jailed under section 16.
3. Dark net and unconventional browsers- Use of disguised and anonymous web navigation tools such as onion routers and others that provide secret system access is getting prevalent. It is even possible for cyber criminals to store rogue content in your computer system or to use them to commit cyber crime without your knowledge. What will prevent investigators from taking innocent victims of circumstances to Pangani to "assist" police with investigations.
4. Investigation and Enforcement- Cyber crimes are very technical in nature. Requiring the police to enforce the Act without affording them specialized training on cyber security will be asking for too much. In the fullness of time, there will be need to legally provide for a dedicated unit to pursue a multi-pronged approach that encompasses cyber incident detection, prevention and deterrence.
Kamotho
On Mon, Jul 25, 2016 at 9:02 PM, Kelvin Kariuki via kictanet <kictanet@lists.kictanet.or.ke> wrote:
Dear Listers,
The bill clearly outlines the unauthorized disclosure of a password as a crime, however, it is silent on a situation where an employee 'refuses' to hand-over passwords of certain accounts including servers, and web domain registrar or claims to have 'forgotten' those passwords, especially in situations where they have lost their job . So my questions are: 1. Is that a criminal offence? 2. Should it be dealt with the company policy or should it be included in this bill?
On Mon, Jul 25, 2016 at 8:12 PM, Francis Monyango via kictanet <kictanet@lists.kictanet.or.ke> wrote:
On Cyber squatting, I don't see the rationale of it being a criminal offence. It being a civil wrong, maybe yes. But as lawyers say, equity aids the vigilant and not the indolent.
On Jul 25, 2016 2:34 PM, "Barrack Otieno via kictanet" <kictanet@lists.kictanet.or.ke> wrote:
Many thanks Ali,
Indeed such things happen when elections are around the corner, i also think the Computer and Cyber Crimes Bill will become more relevant as we approach elections, reading the act i cant help but observe that some of the offenses attract fines for as much as 7 million shillings are we getting over excited or is this the norm internationally? i hope other listers have had a change to review the bill.
Regards
On 7/25/16, Ali Hussein <ali@hussein.me.ke> wrote:
Barrack and all
To address the issue of uhuru.co.ke in relation to the cyber crime Bill 2006.
Let me first address the issue of cybersquatting as opposed to the practice of selling domains in the Domain After Market.
Cyber-Squatting is best described as the practice of registering names, especially well-known company or brand names, as Internet domains, in the hope of reselling them at a profit. For example:-
Walmart.co.ke Carrefour.co.ke Yahoo.co.ke (which incidentally I once owned when I didn't know any better! :-) ) Google.co.ke (which incidentally was free once not too long ago)
The domain aftermarket is the secondary market for Internet domain names which a party interested in acquiring a domain that is already registered bids or negotiates a price to effect the transfer of registration from the registered holder of that domain name. The professional pursuit of speculation in the domain aftermarket is known as domaining. The domain aftermarket has grown substantially, as an increasing number of generic domains names that promise 'marketing appeal' and 'desirability' are registered by domain warehouses, or resellers.
The domain aftermarket is facilitated by auction houses which provide communication methods for buyers and sellers to interact, often anonymously, to negotiate and close a transaction. They often provide additional services, such as financial escrow services and domain parking.
Now let's address the uhuru.co.ke case. This is similar to the Evans Kidero case sometime back. In that particular case the Good Governor's team had the good sense to negotiate and acquire the domain that had slipped through their fingers.
So is Uhuru a Brand Name or a Generic Name?
A quick look at Google search results indicate that the word Uhuru has a generic meaning (freedom) and is also a name.
So which one is it? A Brand Name or a Generic one.
Let's do another exercise.
Word. Generic name or brand name for one of the most successful computer programs ever?
You get the picture..
Does this issue belong in the Cyber-Security bill?
My take:- A resounding NO. Let's apportion the blame where it belongs..with the guys who should have known better and let such a valuable Generic Name lapse.
KeNIC are you listening? Seems like some people need 101 lessons on Defensive Domain Registration.
And to Corporates out there here's my advise for free:-
Move your domain custodian services from the IT Department to the Marketing Department.
My two cowrie shells..
Ali Hussein Principal Hussein & Associates +254 0713 601113 / 0770906375
Twitter: @AliHKassim Skype: abu-jomo LinkedIn: http://ke.linkedin.com/in/alihkassim
"Discovery consists in seeing what everyone else has seen and thinking what no one else has thought". ~ Albert Szent-Györgyi
Sent from my iPad
On 25 Jul 2016, at 9:45 AM, Barrack Otieno via isoc <isoc@lists.my.co.ke> wrote:
Listers,
As you prepare your comments, we had an interesting case last week of www.uhuru.co.ke. Apparently the owner of the domain was ready to part with it for a tidy sum of money. There were counterarguments as to whether the domain was a generic name or whether it was a trademark :-)(you know what i mean), it also brought to fore the issue of cybersquatting and whether it is an illegal activity on the dot Ke space. There are those who felt that this is a genuine mode of business akin to speculation in real estate. Was this an offence in light of the Computer and Cybercrimes bill 2016?
Regards
> On 7/25/16, Barrack Otieno <otieno.barrack@gmail.com> wrote: > Listers, > > As announced last week, online discussions on the Computer and > Cybercrimes bill 2016 will start today. The Computer and > Cybercrimes > bill can be accessed using the following link > http://www.mygov.go.ke/?p=11234. > > Today we focus on part II of the bill which focuses on the offences: > > Questions > > 1. Does the section address computer and cyber crime related > offenses > in a comprehensive manner and according to International standards ? > 2. If it does not can you point out areas that need to be > incorporated > into the bill? > 3. Are there clauses in this section that will impede the growth of > electronic commerce or affect online citizen participation as seen > on > Kenyans on Twitter (KOT) ? If that is the case , how should the same > be phrased? > 4. Do you have any other proposals that can be incorporated into > part > 2 to improve it? > > We welcome your feedback on the questions above, > > Thank you > > > Kelvin and Barrack > -- > Barrack O. Otieno > +254721325277 > +254733206359 > Skype: barrack.otieno > PGP ID: 0x2611D86A
-- Barrack O. Otieno +254721325277 +254733206359 Skype: barrack.otieno PGP ID: 0x2611D86A
_______________________________________________ isoc mailing list isoc@lists.my.co.ke http://lists.my.co.ke/cgi-bin/mailman/listinfo/isoc
-- Barrack O. Otieno +254721325277 +254733206359 Skype: barrack.otieno PGP ID: 0x2611D86A
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The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet
Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/kelvinkariuki89%40gmai...
The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
-- Best Regards,
Kelvin Kariuki Twitter Handle: @teacherkaris Alt email: kkariuki@mmu.ac.ke Mobile: +2547 29 385 557
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet
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The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet
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The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
-- Barrack O. Otieno +254721325277 +254733206359 Skype: barrack.otieno PGP ID: 0x2611D86A
Hi @ Kelvin, I think the issue of employees handing over passwords is a factor of company ICT policies. The motive needs to be scrutinized as well, this brings in the question of whether the bill is aligned to global best practices that are used by organizations to develop ICT policies in addition to Standards such as ISO 27000 series. Thank you Regards On Mon, Jul 25, 2016 at 9:02 PM, Kelvin Kariuki via kictanet <kictanet@lists.kictanet.or.ke> wrote:
Dear Listers,
The bill clearly outlines the unauthorized disclosure of a password as a crime, however, it is silent on a situation where an employee 'refuses' to hand-over passwords of certain accounts including servers, and web domain registrar or claims to have 'forgotten' those passwords, especially in situations where they have lost their job . So my questions are: 1. Is that a criminal offence? 2. Should it be dealt with the company policy or should it be included in this bill?
On Mon, Jul 25, 2016 at 8:12 PM, Francis Monyango via kictanet <kictanet@lists.kictanet.or.ke> wrote:
On Cyber squatting, I don't see the rationale of it being a criminal offence. It being a civil wrong, maybe yes. But as lawyers say, equity aids the vigilant and not the indolent.
On Jul 25, 2016 2:34 PM, "Barrack Otieno via kictanet" <kictanet@lists.kictanet.or.ke> wrote:
Many thanks Ali,
Indeed such things happen when elections are around the corner, i also think the Computer and Cyber Crimes Bill will become more relevant as we approach elections, reading the act i cant help but observe that some of the offenses attract fines for as much as 7 million shillings are we getting over excited or is this the norm internationally? i hope other listers have had a change to review the bill.
Regards
On 7/25/16, Ali Hussein <ali@hussein.me.ke> wrote:
Barrack and all
To address the issue of uhuru.co.ke in relation to the cyber crime Bill 2006.
Let me first address the issue of cybersquatting as opposed to the practice of selling domains in the Domain After Market.
Cyber-Squatting is best described as the practice of registering names, especially well-known company or brand names, as Internet domains, in the hope of reselling them at a profit. For example:-
Walmart.co.ke Carrefour.co.ke Yahoo.co.ke (which incidentally I once owned when I didn't know any better! :-) ) Google.co.ke (which incidentally was free once not too long ago)
The domain aftermarket is the secondary market for Internet domain names which a party interested in acquiring a domain that is already registered bids or negotiates a price to effect the transfer of registration from the registered holder of that domain name. The professional pursuit of speculation in the domain aftermarket is known as domaining. The domain aftermarket has grown substantially, as an increasing number of generic domains names that promise 'marketing appeal' and 'desirability' are registered by domain warehouses, or resellers.
The domain aftermarket is facilitated by auction houses which provide communication methods for buyers and sellers to interact, often anonymously, to negotiate and close a transaction. They often provide additional services, such as financial escrow services and domain parking.
Now let's address the uhuru.co.ke case. This is similar to the Evans Kidero case sometime back. In that particular case the Good Governor's team had the good sense to negotiate and acquire the domain that had slipped through their fingers.
So is Uhuru a Brand Name or a Generic Name?
A quick look at Google search results indicate that the word Uhuru has a generic meaning (freedom) and is also a name.
So which one is it? A Brand Name or a Generic one.
Let's do another exercise.
Word. Generic name or brand name for one of the most successful computer programs ever?
You get the picture..
Does this issue belong in the Cyber-Security bill?
My take:- A resounding NO. Let's apportion the blame where it belongs..with the guys who should have known better and let such a valuable Generic Name lapse.
KeNIC are you listening? Seems like some people need 101 lessons on Defensive Domain Registration.
And to Corporates out there here's my advise for free:-
Move your domain custodian services from the IT Department to the Marketing Department.
My two cowrie shells..
Ali Hussein Principal Hussein & Associates +254 0713 601113 / 0770906375
Twitter: @AliHKassim Skype: abu-jomo LinkedIn: http://ke.linkedin.com/in/alihkassim
"Discovery consists in seeing what everyone else has seen and thinking what no one else has thought". ~ Albert Szent-Györgyi
Sent from my iPad
On 25 Jul 2016, at 9:45 AM, Barrack Otieno via isoc <isoc@lists.my.co.ke> wrote:
Listers,
As you prepare your comments, we had an interesting case last week of www.uhuru.co.ke. Apparently the owner of the domain was ready to part with it for a tidy sum of money. There were counterarguments as to whether the domain was a generic name or whether it was a trademark :-)(you know what i mean), it also brought to fore the issue of cybersquatting and whether it is an illegal activity on the dot Ke space. There are those who felt that this is a genuine mode of business akin to speculation in real estate. Was this an offence in light of the Computer and Cybercrimes bill 2016?
Regards
On 7/25/16, Barrack Otieno <otieno.barrack@gmail.com> wrote: Listers,
As announced last week, online discussions on the Computer and Cybercrimes bill 2016 will start today. The Computer and Cybercrimes bill can be accessed using the following link http://www.mygov.go.ke/?p=11234.
Today we focus on part II of the bill which focuses on the offences:
Questions
1. Does the section address computer and cyber crime related offenses in a comprehensive manner and according to International standards ? 2. If it does not can you point out areas that need to be incorporated into the bill? 3. Are there clauses in this section that will impede the growth of electronic commerce or affect online citizen participation as seen on Kenyans on Twitter (KOT) ? If that is the case , how should the same be phrased? 4. Do you have any other proposals that can be incorporated into part 2 to improve it?
We welcome your feedback on the questions above,
Thank you
Kelvin and Barrack -- Barrack O. Otieno +254721325277 +254733206359 Skype: barrack.otieno PGP ID: 0x2611D86A
-- Barrack O. Otieno +254721325277 +254733206359 Skype: barrack.otieno PGP ID: 0x2611D86A
_______________________________________________ isoc mailing list isoc@lists.my.co.ke http://lists.my.co.ke/cgi-bin/mailman/listinfo/isoc
-- Barrack O. Otieno +254721325277 +254733206359 Skype: barrack.otieno PGP ID: 0x2611D86A
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Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/monyango93%40gmail.com
The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet
Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/kelvinkariuki89%40gmai...
The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
-- Best Regards,
Kelvin Kariuki Twitter Handle: @teacherkaris Alt email: kkariuki@mmu.ac.ke Mobile: +2547 29 385 557
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet
Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/otieno.barrack%40gmail...
The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
-- Barrack O. Otieno +254721325277 +254733206359 Skype: barrack.otieno PGP ID: 0x2611D86A
Let me add this here http://www.businessdailyafrica.com/Opinion-and-Analysis/Computer-and-Cyber-C... On Jul 27, 2016 12:23, "Barrack Otieno via kictanet" < kictanet@lists.kictanet.or.ke> wrote:
Hi @ Kelvin,
I think the issue of employees handing over passwords is a factor of company ICT policies. The motive needs to be scrutinized as well, this brings in the question of whether the bill is aligned to global best practices that are used by organizations to develop ICT policies in addition to Standards such as ISO 27000 series.
Thank you
Regards
Dear Listers,
The bill clearly outlines the unauthorized disclosure of a password as a crime, however, it is silent on a situation where an employee 'refuses' to hand-over passwords of certain accounts including servers, and web domain registrar or claims to have 'forgotten' those passwords, especially in situations where they have lost their job . So my questions are: 1. Is that a criminal offence? 2. Should it be dealt with the company policy or should it be included in this bill?
On Mon, Jul 25, 2016 at 8:12 PM, Francis Monyango via kictanet <kictanet@lists.kictanet.or.ke> wrote:
On Cyber squatting, I don't see the rationale of it being a criminal offence. It being a civil wrong, maybe yes. But as lawyers say, equity
aids
the vigilant and not the indolent.
On Jul 25, 2016 2:34 PM, "Barrack Otieno via kictanet" <kictanet@lists.kictanet.or.ke> wrote:
Many thanks Ali,
Indeed such things happen when elections are around the corner, i also think the Computer and Cyber Crimes Bill will become more relevant as we approach elections, reading the act i cant help but observe that some of the offenses attract fines for as much as 7 million shillings are we getting over excited or is this the norm internationally? i hope other listers have had a change to review the bill.
Regards
On 7/25/16, Ali Hussein <ali@hussein.me.ke> wrote:
Barrack and all
To address the issue of uhuru.co.ke in relation to the cyber crime
Bill
2006.
Let me first address the issue of cybersquatting as opposed to the practice of selling domains in the Domain After Market.
Cyber-Squatting is best described as the practice of registering names, especially well-known company or brand names, as Internet domains, in the hope of reselling them at a profit. For example:-
Walmart.co.ke Carrefour.co.ke Yahoo.co.ke (which incidentally I once owned when I didn't know any better! :-) ) Google.co.ke (which incidentally was free once not too long ago)
The domain aftermarket is the secondary market for Internet domain names which a party interested in acquiring a domain that is already registered bids or negotiates a price to effect the transfer of registration from the registered holder of that domain name. The professional pursuit of speculation in the domain aftermarket is known as domaining. The domain aftermarket has grown substantially, as an increasing number of generic domains names that promise 'marketing appeal' and 'desirability' are registered by domain warehouses, or resellers.
The domain aftermarket is facilitated by auction houses which provide communication methods for buyers and sellers to interact, often anonymously, to negotiate and close a transaction. They often provide additional services, such as financial escrow services and domain parking.
Now let's address the uhuru.co.ke case. This is similar to the Evans Kidero case sometime back. In that particular case the Good Governor's team had the good sense to negotiate and acquire the domain that had slipped
their fingers.
So is Uhuru a Brand Name or a Generic Name?
A quick look at Google search results indicate that the word Uhuru has a generic meaning (freedom) and is also a name.
So which one is it? A Brand Name or a Generic one.
Let's do another exercise.
Word. Generic name or brand name for one of the most successful computer programs ever?
You get the picture..
Does this issue belong in the Cyber-Security bill?
My take:- A resounding NO. Let's apportion the blame where it belongs..with the guys who should have known better and let such a valuable Generic Name lapse.
KeNIC are you listening? Seems like some people need 101 lessons on Defensive Domain Registration.
And to Corporates out there here's my advise for free:-
Move your domain custodian services from the IT Department to the Marketing Department.
My two cowrie shells..
Ali Hussein Principal Hussein & Associates +254 0713 601113 / 0770906375
Twitter: @AliHKassim Skype: abu-jomo LinkedIn: http://ke.linkedin.com/in/alihkassim
"Discovery consists in seeing what everyone else has seen and
what no one else has thought". ~ Albert Szent-Györgyi
Sent from my iPad
On 25 Jul 2016, at 9:45 AM, Barrack Otieno via isoc <isoc@lists.my.co.ke> wrote:
Listers,
As you prepare your comments, we had an interesting case last week of www.uhuru.co.ke. Apparently the owner of the domain was ready to
with it for a tidy sum of money. There were counterarguments as to whether the domain was a generic name or whether it was a trademark :-)(you know what i mean), it also brought to fore the issue of cybersquatting and whether it is an illegal activity on the dot Ke space. There are those who felt that this is a genuine mode of business akin to speculation in real estate. Was this an offence in light of the Computer and Cybercrimes bill 2016?
Regards
> On 7/25/16, Barrack Otieno <otieno.barrack@gmail.com> wrote: > Listers, > > As announced last week, online discussions on the Computer and > Cybercrimes bill 2016 will start today. The Computer and Cybercrimes > bill can be accessed using the following link > http://www.mygov.go.ke/?p=11234. > > Today we focus on part II of the bill which focuses on the offences: > > Questions > > 1. Does the section address computer and cyber crime related offenses > in a comprehensive manner and according to International standards ? > 2. If it does not can you point out areas that need to be > incorporated > into the bill? > 3. Are there clauses in this section that will impede the growth of > electronic commerce or affect online citizen participation as seen on > Kenyans on Twitter (KOT) ? If that is the case , how should the same > be phrased? > 4. Do you have any other proposals that can be incorporated into
On Mon, Jul 25, 2016 at 9:02 PM, Kelvin Kariuki via kictanet <kictanet@lists.kictanet.or.ke> wrote: through thinking part part
> 2 to improve it? > > We welcome your feedback on the questions above, > > Thank you > > > Kelvin and Barrack > -- > Barrack O. Otieno > +254721325277 > +254733206359 > Skype: barrack.otieno > PGP ID: 0x2611D86A
-- Barrack O. Otieno +254721325277 +254733206359 Skype: barrack.otieno PGP ID: 0x2611D86A
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-- Barrack O. Otieno +254721325277 +254733206359 Skype: barrack.otieno PGP ID: 0x2611D86A
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The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and
development.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and
bandwidth,
share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
-- Best Regards,
Kelvin Kariuki Twitter Handle: @teacherkaris Alt email: kkariuki@mmu.ac.ke Mobile: +2547 29 385 557
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people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
-- Barrack O. Otieno +254721325277 +254733206359 Skype: barrack.otieno PGP ID: 0x2611D86A
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The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
participants (5)
-
Ali Hussein -
Barrack Otieno -
Francis Monyango -
Kamotho Njenga -
Kelvin Kariuki