The Securities laws amendment bill 2014 and it's impact on ICT
Kenya is in the process of implementing a new bill the "Security Laws (Amendment) Act, 2014." which is being fast-tracked by the executive. This law among other thing seeks to put in place punitive measures to ensure terrorists and those who promote terrorism are punished accordingly. We will seek to review the clauses in the law that affect the ICT industry, and ask you to give feedback on how best the laws should be implemented. Attached with this email is the security laws. Here are some of the contents of the laws 1. The bill makes it an offence to broadcast information which undermines investigations relating to terrorism without police consent. (page 55) 2. The National Security Organs may intercept communication for the purposes of detecting, deterring and disrupting terrorism in accordance with procedures to be prescribed by the Cabinet Secretary. (Page 57) 3. A person who publishes or causes to be published or distributed obscene, gory or offensive material which is likely to cause fear and alarm to the general public or disturb public peace is guilty of a felony (page 4) 4. It's illegal to post anything in social media that praise, advocate or incite acts of terrorism 5. It's illegal to adopt ideologies based on violence and which advance political, religious or social change in terms of radicalisation 6. In any legal proceedings, electronic messages and digital material shall be admissible as evidence. (Page 29) 7. The Bill intends to make it an offence to publish or broadcast photographs of victims of terror attacks without the consent of the police or the victim. (page 55) The public consultation started and probably ended yesterday (why such a short notice), but your input can still go a long way in ensuring we pass laws that serve the Mwananchi fairly. Internet Society Kenya Chapter and Kictanet seeks to engage in a series of online discussions covering various trending issues which will culminate in a public consultative forum with industry and policymakers to share the feedback from the community and see how best we can influence and shape the Internet landscape in Kenya. Sincerely, ______________________ Mwendwa Kivuva, Nairobi, Kenya Secretary, Internet Society Kenya Chapter "There are some men who lift the age they inhabit, till all men walk on higher ground in that lifetime." - Maxwell Anderson
This will be very draconian and so colonial in nature. How can laws be passed without seeking mwananchi whom it will be applied to. Since it looks late to curb it then the only option left is that of legal action against it. Regards Daniel OmondiVCISOC-KE From: Mwendwa Kivuva via isoc <isoc@lists.my.co.ke> To: "ISOC@lists.my.co.ke" <isoc@lists.my.co.ke>; KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke> Sent: Thursday, December 11, 2014 12:28 PM Subject: [isoc_ke] The Securities laws amendment bill 2014 and it's impact on ICT Kenya is in the process of implementing a new bill the "Security Laws (Amendment) Act, 2014." which is being fast-tracked by the executive. This law among other thing seeks to put in place punitive measures to ensure terrorists and those who promote terrorism are punished accordingly. We will seek to review the clauses in the law that affect the ICT industry, and ask you to give feedback on how best the laws should be implemented. Attached with this email is the security laws. Here are some of the contents of the laws 1. The bill makes it an offence to broadcast information which undermines investigations relating to terrorism without police consent. (page 55) 2. The National Security Organs may intercept communication for the purposes of detecting, deterring and disrupting terrorism in accordance with procedures to be prescribed by the Cabinet Secretary. (Page 57) 3. A person who publishes or causes to be published or distributed obscene, gory or offensive material which is likely to cause fear and alarm to the general public or disturb public peace is guilty of a felony (page 4) 4. It's illegal to post anything in social media that praise, advocate or incite acts of terrorism 5. It's illegal to adopt ideologies based on violence and which advance political, religious or social change in terms of radicalisation 6. In any legal proceedings, electronic messages and digital material shall be admissible as evidence. (Page 29) 7. The Bill intends to make it an offence to publish or broadcast photographs of victims of terror attacks without the consent of the police or the victim. (page 55) The public consultation started and probably ended yesterday (why such a short notice), but your input can still go a long way in ensuring we pass laws that serve the Mwananchi fairly. Internet Society Kenya Chapter and Kictanet seeks to engage in a series of online discussions covering various trending issues which will culminate in a public consultative forum with industry and policymakers to share the feedback from the community and see how best we can influence and shape the Internet landscape in Kenya. Sincerely, ______________________ Mwendwa Kivuva, Nairobi, Kenya Secretary, Internet Society Kenya Chapter "There are some men who lift the age they inhabit, till all men walk on higher ground in that lifetime." - Maxwell Anderson _______________________________________________ isoc mailing list isoc@lists.my.co.ke http://lists.my.co.ke/cgi-bin/mailman/listinfo/isoc
On 11 December 2014 at 12:28, Mwendwa Kivuva <Kivuva@transworldafrica.com> wrote:
6. In any legal proceedings, electronic messages and digital material shall be admissible as evidence. (Page 29)
I would have loved the bill to be expounded on the digital evidence to cover all aspects of digital evidence including mobile, computers, different type of data storage devices and the chain of custody of digital evidence. Or is all this implied in the bill? Any Computer Forensic experts in the house? ______________________ Mwendwa Kivuva, Nairobi, Kenya "There are some men who lift the age they inhabit, till all men walk on higher ground in that lifetime." - Maxwell Anderson
Robert Alai arrested allegedly for sharing phone numbers... http://www.ghafla.co.ke/news/tv/item/27664-cabu-gah-diaries-robert-alai-has-... Ali Hussein +254 770 906375 / 0713 601113 Twitter: @AliHKassim Skype: abu-jomo LinkedIn: http://ke.linkedin.com/in/alihkassim Blog: www.alyhussein.com "I fear the day technology will surpass human interaction. The world will have a generation of idiots". ~ Albert Einstein Sent from my iPad
On Dec 11, 2014, at 12:28 PM, Mwendwa Kivuva via isoc <isoc@lists.my.co.ke> wrote:
Kenya is in the process of implementing a new bill the "Security Laws (Amendment) Act, 2014." which is being fast-tracked by the executive. This law among other thing seeks to put in place punitive measures to ensure terrorists and those who promote terrorism are punished accordingly. We will seek to review the clauses in the law that affect the ICT industry, and ask you to give feedback on how best the laws should be implemented. Attached with this email is the security laws.
Here are some of the contents of the laws 1. The bill makes it an offence to broadcast information which undermines investigations relating to terrorism without police consent. (page 55) 2. The National Security Organs may intercept communication for the purposes of detecting, deterring and disrupting terrorism in accordance with procedures to be prescribed by the Cabinet Secretary. (Page 57) 3. A person who publishes or causes to be published or distributed obscene, gory or offensive material which is likely to cause fear and alarm to the general public or disturb public peace is guilty of a felony (page 4) 4. It's illegal to post anything in social media that praise, advocate or incite acts of terrorism 5. It's illegal to adopt ideologies based on violence and which advance political, religious or social change in terms of radicalisation 6. In any legal proceedings, electronic messages and digital material shall be admissible as evidence. (Page 29) 7. The Bill intends to make it an offence to publish or broadcast photographs of victims of terror attacks without the consent of the police or the victim. (page 55)
The public consultation started and probably ended yesterday (why such a short notice), but your input can still go a long way in ensuring we pass laws that serve the Mwananchi fairly.
Internet Society Kenya Chapter and Kictanet seeks to engage in a series of online discussions covering various trending issues which will culminate in a public consultative forum with industry and policymakers to share the feedback from the community and see how best we can influence and shape the Internet landscape in Kenya.
Sincerely, ______________________ Mwendwa Kivuva, Nairobi, Kenya Secretary, Internet Society Kenya Chapter
"There are some men who lift the age they inhabit, till all men walk on higher ground in that lifetime." - Maxwell Anderson
<THE SECURITY LAWS AMENDMENT BILL 2014.pdf> _______________________________________________ isoc mailing list isoc@lists.my.co.ke http://lists.my.co.ke/cgi-bin/mailman/listinfo/isoc
participants (3)
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Ali Hussein -
Daniel Otieno Omondi -
Mwendwa Kivuva