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{
    "id": 785629,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/785629/?format=api",
    "text_counter": 108,
    "type": "speech",
    "speaker_name": "Hon. Osotsi",
    "speaker_title": "",
    "speaker": {
        "id": 13172,
        "legal_name": "Godfrey Osotsi",
        "slug": "godfrey-osotsi"
    },
    "content": "problem. As we are speaking, statistics indicate that globally, we lose about US$600 billion every year as a result of cybercrime. This is like 50 times the national revenue of Kenya. That alone explains to you how important the fight against cybercrime is. This Bill must be aligned to international best practice in the area of cybercrime. The International Telecommunication Union (ITU) where we visited recently with my three colleagues has identified five important benchmarks for having a good law in the area of cyber-security and cybercrime. The first benchmark is the legal measures in place. I am happy that, as a country, we are now developing the cybercrime law. In addition to that, it will also be important to come up with specific regulations so that the issues that have been identified in the Bill can be actualized through regulation. The second benchmark is the technical measures. As a Committee, we will be required to make more improvements to the Bill in the area of how to manage the technical aspects. I am happy my professional colleague, Hon. Musimba, has mentioned that this Bill must talk about the critical infrastructure information system. The critical infrastructure information system is a key aspect of any cybercrime law. For example, right now, it is very easy to get hold of public data. If you want data of Safaricom subscribers, about 28 million records, you will get it. If you want data from the banks or Integrated Financial Management Information System (IFMIS), you will get it. We need to have clear laws around this. For us to make this Bill aligned to international best practice, we will have to talk about the critical infrastructure information system. How do we designate systems as critical? How do we audit those systems? How do we protect the system from illegal activities? We will be presenting some of the amendments around that to improve this Bill. The third key benchmark is organization. I support what Hon. Musimba has said. This Bill, without clear administrative and enforcement mechanisms, will just be a piece of paper. We need to put in place mechanisms to administer and enforce this Bill. One way that that can be done is to be very clear on who is responsible for the enforcement of this Bill. Mr. Musimba has suggested that the security system will be better placed. I want to differ with him on that. The approach is to go for a multi-agency enforcement mechanism. My suggestion is to have a cybercrime advisory council. This council will have representatives from key stakeholder organizations like the Attorney General’s (A-G) office, the National Treasury, Foreign Affairs because it has an element of foreign relations, the National Police Service (NPS), the Department of Immigration and Registration of Persons, the Communications Authority (CA) and representation from the telecommunication service providers. With that, it will be easy to enforce the provisions in this Bill. As it is now, the Bill only talks about the police or authorized officers. As we know, our police officers are not empowered enough to enforce technical matters contained in this Bill. In addition to talking about benchmarking on organizations, it will be important to also look at mechanisms in which we can have a multi-agency set up or organ to look into this. But you know that introduces a money effect. This is where we need your guidance on this matter now that the Bill is in the Second Reading and we have amendments which are going to have a money effect. How do we proceed? For us to have a Bill that will make sense, a Bill that will be useful to this country, we will need to set up an organizational mechanism by having a multi- agency organ to administer and enforce the provisions of this Bill. The fourth important benchmark is capacity building. This Bill does not talk about how to empower people who are involved in enforcing aspects of this Bill. We need to have a The electronic version of the Official Hansard Report is for information purposes only. Acertified version of this Report can be obtained from the Hansard Editor."
}