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

[Grace Githaiga]

Thanks Anriette
Looking forward to seeing APC's input. 
I have sent to the list a template that we will be using to put our thoughts together.  
RgdsGrace

Date: Mon, 25 Nov 2013 08:05:18 +0100
Subject: Re: [bestbits] Kenya/Uganda online debate on the  African Union Convention on Cyber Security(AUCC)
From: Anriette at apc.org
To: ggithaiga at hotmail.com; governance at lists.igcaucus.org; bestbits at lists.bestbits.net

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.
AnrietteSent 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. RgdsGrace
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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