PIUS KATUNZI: Of absent legal arsenal and cybercrimes Print E-mail
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Written by Pius Muteekani Katunzi   
Sunday, 02 August 2009 19:09

So what happens when my competitor cripples my website with spam?  Do I have any legal remedies or I just sit and kick my legs in anger?


The recent known victims of such cyber attacks are the Uganda Peoples Defence Forces (UPDF) whose website was replaced with pro-Palestinian material and condemned America and Europe for playing idle witness while Israel was killing Palestinians.

There are so many other private companies that have fallen victim to such similar attacks but have decided to suffer quietly. Others have decided to enhance their technological weapons (anti-spam software) rather than invest in legal ones.

As consumers of digital products we are excited with the news that more players are joining the market. So many internet service providers (IPS) have swarmed the market with all these sugar coated packages.

We are excited that competition is going to bring down the service prices. Indeed, some companies have taglines like: “pay less for more.”
 
However, we are not bothered that technology seems to be running faster than the laws. There is an explosive growth in the use of the internet in Uganda and this definitely means we are going to have huge growth in fraudulent conduct and crimes related to internet and computers.

By the way even ISPs can turn out to be cheats. Forget about these financial scams mainly from West Africans which promise online investors huge returns.  Recently an online fraudster tried his luck with me.

Perhaps he had software whose spiders picked up my email exchanges with Lt. Gen Ivan Koreta, the deputy Chief of Defence Forces (DCDF). The fraudster sent an email claiming to be Ivan who is stuck in London and needed $ 3,000 to clear his hotel bills.

He advised me to send the money through Western Union. He even dared to give me his phone number, advising me to call him immediately I send the money.

I was able to frustrate this swindler because I knew that there was no way the General would appeal to me to rescue him. He is a senior government official who has unlimited options.

If it had been my brother, perhaps I would have fallen into his trap. As consumers we don’t seem to be protected from these online fraudsters by any national internet laws, especially now that internet knows no national boundaries and is accessible everywhere.

Malicious people have told lies about companies every day on the web. Others have decided to use the web to settle their personal scores. Many are making money out of copyrighted materials.

Defamation of celebrities, individual corporate heads have become the pastime of some people. With the proliferation of Weblogs, anyone can say anything, and the next thing you know the major search engines have indexed it at the top of their results.

We have a fully fledged ministry of ICT what has been its impact? We are yet to know the national ICT policy. We have not seen any Bills relating to ICT passed in Parliament.

Members of Parliament who sit on the ICT committee have not produced any private members Bill relating to ICT.  So we are like pirates operating in uncharted and ungoverned water; the fittest and smartest survives.

For instance, if someone posted malicious material against me or my company what legal recourse do I take to have the indexed results and website or blog that contains statements aimed at defaming me removed from the search engine results?

Can I apply to court to have the internet service provider to identify the person or company defaming me? Do we have legal minds specialised in ICT litigation? What is my legal protection when someone sends me objectionable material by email?

Do we even have guidelines on the use of internet by children? How do I protect my right to privacy in the borderless world of internet? What do I do if I subscribe for 64kbs but the ISP ends up providing only 32kbs?

We haven’t yet established standards governing internet and ICT use. Imagine the traffic chaos we would have if we had left the use of roads to self-regulation.

We cannot stick to self- regulation in ICT, we need laws that define the breaches, crimes and outline the remedies and punishments to the culprits.

The author is the Business Development Director, The Observer Media.

 

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Comments (6)add comment
Good Article but dissappointed by your last one
written by Grace Kisaakye , August 03, 2009

Pius thanks for this and all your good writings. There is another case of a British man who hacked in the US defense computers and posted their unfriendly messages. The Americans were able to track him down and arrest him and now they want him extradited and be tried in America. By the way, i am one of your ardent readers but was quite dissapointed with your last article in which you insulted the Baganda for the sake of it yet, we comprise the biggest number of people who responded to your plea. The idea of generalising and sterotype is not good. It was like you guys have a secret competition amongst yourself of who can insult the Baganda the most. You should stick to your professionalism as you have always done.


...
written by Muzito , August 03, 2009

creation of ministries and appointment of ministers to head them in uganda is an exercise for M7 to lock in people so that he swels his NRM. those appointed are not expected to perform any meaningfull function as long as they are ready to take orders or defend the govt wrong doing whenever called upon. thats why you dont have anythig like ICT policy. as long as the big man has not ordered for one to be created they will never be any.
In any case those involved how much do they know? that's why there is need for the youth to think seriously about reshaping the political landscape by stamping out pensioners from politics. for instance what fresh ideas can be introduced in the uganda education system by the current minister?



Internet Scams
written by Patrick Bagzy , August 03, 2009

Pius, good some body(yourself) has finally come up to write a forewarning article on this anticipated bombshell about to hit the next phase of Ugandan calamities.Have been telling a couple of people about this since the bank frauds started.
Hoping the relevant authorities heed this advice.
Cheers thanks again.



Good Article on ICT Laws,More can be done....
written by Stephen , August 03, 2009

Thanks Pius for your pragmatic observation especially on the issue of lack of ICT laws.

To the best of my recollection,i think Uganda does have draft Bills(if not laws by now!!!)relating to the regulation of ICT.There is also an ICT policy,i think in draft form curently.A quick search over the internet does confirm my suspicion ie http://www.i-network.or.ug/ind...77&Itemid.

I think the key issue is on sensitisation of the public about the existence of these Bills,or are they now laws,and the need for government to dedicate resources for the implentation of the same.

Sometimes it may prove to be counter-productive if for instance, we had traffic laws,police laws etc without the means or personell to implement the same.

The same would apply for ICT Laws,these Bills or laws exist(you may need to cross check with the Chairman Uganda Law Reform Commission whether or or not they were endorsed by Parliament?),the critical issue is,what measures are being put in place to enable their effective implementation?

But thanks for flagging this issue and i believe the concerns you pointed out are eminent.




...
written by kabayekka , August 04, 2009

Cybercrimes is any normal crime and can be sorted out. It is a matter for the Ugandan ministry of ICT to be up to date with the International ICT fraternity. A TV programme would certainly help more than a Radio programme. But read what the Monitor has presented about the mess and corruption well embedded into the new modern international system of Broadband that has arrived in the country. There are millions of Graduates from many educational institutions being spewed out every year and if there is enough investments in this project these job seekers would be a very busy lot. Taxation systems that try to collect a lot of tax have been tried in this country with well known consequences. High investments by concerned private enterprises would be a very welcome cure for the high unemployment in this region. If companies make high profits they should be encouraged to reinvest. This sort of buisness is now world wide and does not need wholesale transfer of invested capital.


...
written by Mutakyawa Mukasa , August 05, 2009

I am not sure what 'SPAM' has to do with websites. I believe you intended to mean bringing down a website by defacing it or executing a 'Denial Of Service' (DOS) attack. 'SPAM' would simply affect email accounts and mail servers, but not websites.

Other than that, there is indeed a great gap in knowledge of IT systems in the country and Uganda could be in for a bit of a shocker.




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