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

Suresh Ramasubramanian suresh at hserus.net
Mon Nov 25 09:09:09 EST 2013 

Some of the legislation appears to be a copy and paste from various first world legislation .. and yes, in an african context some of it may be risky.  

However, it would be good to suggest that appropriate controls / checks and balances be put in place before these regulations are implemented, rather than to oppose them altogether.

You do need most of them for a functioning cybercrime law .. and yes the wording is fuzzy and prone to multiple interpretations.

The AU urgently needs to engage with industry and civil society to provide a workable framework for these laws.

--srs (iPad)

> On 25-Nov-2013, at 18:49, Kivuva <Kivuva at transworldafrica.com> wrote:
> 
> Dear Suresh,
> 
> There is a document Grace had shared on KICTANET that has some of the issues Anriette is raising, find attached.
> 
> Regards
> 
> ______________________
> Mwendwa Kivuva, Nairobi, Kenya.
> twitter.com/lordmwesh
> google ID | Skype ID: lordmwesh
> 
> 
>> On 25 November 2013 07:20, Suresh Ramasubramanian <suresh at hserus.net> wrote:
>> Do you have specific sections in mind anriette? So far I have only reviewed the cybercrime / spam sections in the document. 
>> 
>> --srs (htc one x)
>> 
>> ----- Reply message -----
>> From: "Anriette Esterhuysen" <Anriette at apc.org>
>> To: "Grace Githaiga" <ggithaiga at hotmail.com>, "governance at lists.igcaucus.org" <governance at lists.igcaucus.org>, "bestbits at lists.bestbits.net" <bestbits at lists.bestbits.net>
>> Subject: [governance] Re: [bestbits] Kenya/Uganda online debate on the African Union Convention on Cyber Security(AUCC)
>> Date: Mon, Nov 25, 2013 12:35 PM
>> 
>> 
>> 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 
>> 
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> 
> <RECOMMENDATIONS ON AUCC.pdf>
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