EAC eyes trade growth with cyber laws

“East African countries would be better off adopting the UNCITRAL model law on e-transactions as it is a much more focused and better drafted basis upon which to legislate,” said Mr Waita.

“A key challenge to note when discussing cyber crime law is that the question of legal jurisdiction is a key consideration. The internet is a global portal and therefore it is not always easy to ascertain exactly where a crime has been committed and what national law has jurisdiction over the offence.”

Cyber offenders

Mr Sergon concurred that the Kenya Information Communication Amendment Act 2009 is a good piece of legislation because the country is now able to anticipate, project, and prosecute cyber crime offenders.

However, he said, it is not comprehensive since it does not, for example, address cross-border crime while in the cyber world jurisdiction is a key issue.

In Rwanda, a draft information and communication technology (ICT) bill was prepared last year covering the issues of e-signatures, consumer protection, privacy, and content regulation.

Last February, the country prepared a draft criminal law on cyber crime.

Rwandan laws on digital copyright and e-contracting were passed earlier this year.

In Tanzania, the Central Bank, the Tanzanian Revenue Authority, and the Public Procurement Regulatory Authority are setting up an e-procurement system for the Tanzanian Public Service.

Last year, the Uganda Government passed bills on electronic transactions, electronic signatures, and computer misuse.

The East Africa Community Task Force on Cyberlaws was recently set up in Kigali, Rwanda, with community members focusing on putting into effect a framework for cyber laws adopted by the EAC Sectoral Council of Ministers on Transport, Communications, and Meteorology.

The EAC framework recommends the creation of regional oversight bodies; one such body being the Computer Emergency Response Team (CERT), an electronic authentication body, among others.

The framework was prepared with the assistance of UNCTAD.

Partner states have been briefed on resources at the international and regional levels that can be of use when designing domestic legislation on cyber laws.

The Kigali meeting also reviewed progress by EAC partner states in preparing and adopting cyber laws.