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"speaker_name": "Hon. John Wambugu",
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"content": "Thank you very much, Hon. Temporary Deputy Chairman. As a Member of the Departmental Committee on Administration and National Security, I rise to support the amendment that our Chairman has proposed. Why do I do that? In any other circumstance where police officers are conducting an investigation, let us just use an example that they have found you with a car that they think has been involved in a crime. They take possession of whatever item that they need to conduct investigations and finish. What we are saying is that if your computer has been seized by the police, you actually have permission to copy the information on that computer. We have had incidents of bloggers creating fake news and then using it to hurt the reputations of Members here. What we are saying is that if the police seize the material or the computer that that blogger has been using, you are actually allowing that he can be given access or permission to copy that material and continue using it. Remember, the person being investigated is being investigated for a crime. In fact, every time I listen to the conversations we are having now between ICT and national security, I go back to one of my initial problems with this Bill: That we are trying to create a crime management process through ICT rather than through national security. In this particular aspect of cybercrime, we are dealing with a person who is suspected of being a criminal. We are assuming that the computer that that person has been using is his tool of crime; his gun. In any other circumstance, if it is an armed robber, you pick his gun and conduct investigations on it. Here, the tool that is being used to commit the crime is a computer and you are now telling us that once that computer is seized, the suspect has access to the information even as the police conduct investigations. What is going to stop the suspect from continuing with the crime if he has a copy of the information that was on the computer?"
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