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"speaker_name": "Hon. Ngunjiri",
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"legal_name": "Onesmas Kimani Ngunjiri",
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"content": "think about how to make this Bill comprehensive, we need to think about how we hold people accountable for what they post. If you have a twitter account that has three people and you call me names, are you accountable? Can you argue that that is your opinion or is it a public publication? It is important for us to think about some of the specifics of when you make a publication, and at what point it becomes a public publication. I have heard people arguing that my Facebook page is my page and so when I post something on it, it is an opinion. If you take me to court, I can say it was my opinion. I was sharing, and I have the right to hold an opinion. However, you are putting this on public space. We will need to decide and define how at what point publication becomes public and how you deal with inappropriate publications. Finally, we have spoken on the issue of the title. I would like to re-emphasise this again. A lot of the crimes we have today make us think of this Bill; be they cyberterrorism, cybercrime or the kind of crime that was given a Nigerian name because they send you email and tell you that they are stuck somewhere, and that they want you to send them some money. We are going to have a very dynamic name. I do not know whether our security agents are able to keep pace with criminals on the internet. We also need to seriously consider how to set up a specialised force or create a very regular training mechanism of dealing with upcoming crimes; because every day, somebody discovers something new. As we speak, we have read about Cambridge Analytica. In another couple of years, we will be thinking about something else. People always discover something new to do with the information that is available in the internet. How do you create a law that is flexible enough to deal with everything that comes up on the internet? As we said, the internet is a dynamic environment, and it is growing every day. People leave school and develop programs. We have programs such as Mpesa, which is very useful to Kenyans. It is very easy for somebody else to develop something like that and use it to con people of their money. At what point in this Bill do you think about such emerging crimes? I know we do not anticipate crime but the problem is that in this particular space we seriously need to anticipate all the potential opportunities for misuse of the internet and of the cyber space. I was one of the people who raised this issue sometime back. However, I still felt very strongly that this particular Bill should have been looked at by the Departmental Committee on Administration and National Security or at the very least a joint committee should have looked at it. However, the Speaker directed me and said that Members of the Departmental Committee on Administration and National Security can attend the hearings of the Departmental Committee on Communication, Information and Innovation. I think there are a lot of inter-linkages and we are losing something if we do not have Members of both committees sitting and looking through this Bill as it continues to the final stages."
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