[governance] Re: [bestbits] Kenya/Uganda online debate on the African Union Convention on Cyber Security(AUCC)

[Anriette Esterhuysen]

Dear Grace

APC would definitely give input.  I had a good look at it and was alarmed by extensive limitations on free speech and very loose definitions of hate and blasphemous and speech. Also efforts to make intermediaries liable. I am travelling this week but will do my best and ask colleagues for help.

Anriette
Sent from Samsung Mobile

-------- Original message --------
From: Grace Githaiga <ggithaiga at hotmail.com> 
Date:  
To: governance at lists.igcaucus.org,bestbits at lists.bestbits.net 
Subject: [bestbits] Kenya/Uganda online debate on the  African Union Convention on Cyber Security(AUCC) 
 
IGC and Bestbits Listers

I write to you to seek your views on the  African Union Convention on Cyber Security(AUCC)http://pages.au.int/sites/default/files/AU%20Cybersecurity%20Convention%20ENGLISH_0.pdf 

KICTANet has been in discussion with AUC and the drafters have accepted to receive our input despite having gone through this process two years ago with African governments. The Convention will be signed in January 2014. 

In light of this, Kenya and Uganda stakeholders will conduct an online debate on multiple lists of KICTANet and ISOC-KE,  and on I-Network list moderated by the Collaboration on International ICT Policy in East and Southern Africa (CIPESA)  and ISOC -Uganda,  starting Today Monday 25th to Friday 29th November 2013. Please feel free to send us your contribution. 
Rgds
Grace

Below is the announcement made on the multiple lists. 
 
1.       Background to the African Union Convention on Cyber Security (AUCC)
African Union (AU) convention (52 page document) seeks to intensify the fight against cybercrime across Africa in light of increase in cybercrime, and a lack of mastery of security risks by African countries. Further, that one challenge for African countries is lack of technological security adequate enough to prevent and effectively control technological and informational risks. As such “African States are in dire need of innovative criminal policy strategies that embody States, societal and technical responses to create a credible legal climate for cyber security”.
The Convention establishes a framework for cybersecurity in Africa “through organisation of electronic transactions, protection of personal data, promotion of cyber security, e-governance and combating cybercrime” (Conceptual framework).
 
2.       Division of the Convention
Part 1                    Electronic transactions
Section I:             Definition of terms
Section II:            Electronic Commerce (Fields of application of electronic commerce, Contractual responsibility of the electronic provider of goods and services).
Section III:           Publicity by electronic means.
Section IV:          Obligations in electronic form (Electronic contracts, Written matter in electronic form, Ensuring the security of electronic transactions).
 
Part II    PERSONAL DATA PROTECTION
Section I:             Definition
Section II:            Legal framework for personal data protection (Objectives of this Convention with respect to personal data, Scope of application of the Convention, Preliminary formalities for personal data processing).
Section III:           Institutional framework for protection of personal data (Status, composition or organization, Functions of the protection authority).
Section IV:          Obligations relating to the conditions governing the processing of personal data (basic principles governing the processing of personal data, Specific principles governing the processing of sensitive data, Interconnection of personal data files).
Section V:            The rights of the person whose personal data are to be processed (Right to information, Right of access, Right of opposition, Right of correction or suppression).
Section VI:          Obligations of the personal data processing official (Confidentiality obligations, Security obligations, Conservation obligations, Sustainability obligations).
 
PART III – PROMOTING CYBERSECURITY AND COMBATING CYBERCRIME
Section 1:            Terminology, National cyber security framework, Legislative measures, National cyber security system, National cyber security monitoring structures).
Section II:            Material penal law (Offenses specific to Information and Communication Technologies [Attack on, computerized data, Content related offenses], Adapting certain information and communication technologies offenses).
Section II:            Criminal liability for corporate persons (Adapting certain sanctions to the Information and Communication Technologies, Other penal sanctions, Procedural law, Offenses specific to Information and Communication Technologies).
 
 PART IV: COMMON AND FINAL PROVISIONS
 Section I:            Monitoring mechanism
Section II:            Final responses
 
The Proposed Discussion
We have picked on articles that need clarity, and would request listers to kindly discuss them and provide recommendations where necessary. Also, where necessary, listers are encouraged to identify and share other articles that need clarifications that we may have left out.
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