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Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical guide to cyber law – the law affecting information and communication technology (ICT) – in Kenya covers every aspect of the subject, including intellectual property rights in the ICT sector, relevant competition rules, drafting and negotiating ICT-related contracts, electronic transactions, privacy issues, and computer crime. Lawyers who handle transnational matters will appreciate the detailed explanation of specific characteristics of practice and procedure. Following a general introduction, the book assembles its information and guidance in seven main areas of practice: the regulatory framework of the electronic communications market; software protection, legal protection of databases or chips, and other intellectual property matters; contracts with regard to software licensing and network services, with special attention to case law in this area; rules with regard to electronic evidence, regulation of electronic signatures, electronic banking, and electronic commerce; specific laws and regulations with respect to the liability of network operators and service providers and related product liability; protection of individual persons in the context of the processing of personal data and confidentiality; and the application of substantive criminal law in the area of ICT. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Kenya will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative law in this relatively new and challenging field.
This volume collects notable writings of Barnabas A. Samatta, Chief Justice of Tanzania from 2000 to his retirement in 2007, together with writings by others that document his career and show the judgment of his peers about his work on the Court of Appeal of Tanzania. The writings include Samatta's thoughts on Tanzania's constitutional order and the importance of the rule of law, as well as a number of key rulings and judgments. Annotation ©2011 Book News, Inc., Portland, OR (booknews.com).
This timely and important book illuminates the impact of cyber law on the growth and development of emerging and developing economies. Using a strong theoretical framework firmly grounded in resource-based and technology diffusion literature, the authors convey a subtle understanding of the ways public and private sector entities in developing and emerging countries adopt cyber space processes. This book reveals that the diffusion of cyber activities in developing and emerging economies is relatively low, with the main stumbling blocks resting in regulatory, cultural, and social factors. The authors argue that cyber crimes constitute a prime obstacle to the diffusion of e-commence and e-governments in developing economies, and governments have an important role in developing control mechanisms in the form of laws. However, setting appropriate policies and complementary services, particularly those affecting the telecommunications sector and other infrastructure, human capital and the investment environment, severely constrains Internet access. Using both strategic and operational perspectives, the authors discuss the concrete experience of constructing and implementing cyber laws and cyber security measures in developing and emerging countries, and analyse their content and appropriateness. Professionals, academics, students, and policymakers working in the area of cyber space, e-commerce and economic development, and United Nations entities working closely with the Millennium Development Goals, will find this book an invaluable reference.
From the upheavals of recent national elections to the success of the #MyDressMyChoice feminist movement, digital platforms have already had a dramatic impact on political life in Kenya – one of the most electronically advanced countries in Africa. While the impact of the Digital Age on Western politics has been extensively debated, there is still little appreciation of how it has been felt in developing countries such as Kenya, where Twitter, Facebook, WhatsApp and other online platforms are increasingly a part of everyday life. Written by a respected Kenyan activist and researcher at the forefront of political online struggles, this book presents a unique contribution to the debate on digital democracy. For traditionally marginalised groups, particularly women and people with disabilities, digital spaces have allowed Kenyans to build new communities which transcend old ethnic and gender divisions. But the picture is far from wholly positive. Digital Democracy, Analogue Politics explores the drastic efforts being made by elites to contain online activism, as well as how 'fake news', a failed digital vote-counting system and the incumbent president's recruitment of Cambridge Analytica contributed to tensions around the 2017 elections. Reframing digital democracy from the African perspective, Nyabola's ground-breaking work opens up new ways of understanding our current global online era.
"This book was originally published as a monograph in the International encyclopaedia of laws/Cyber law."
The focus of this book is to examine the effectiveness of the measures currently employed in East Africa as a region, and in the individual Member States in dealing with cybercrime and how best the same can be modified to prevent and combat cybercrime in the region. So, the subsequent analysis in this book is done with a view of drawing some lessons from Europe2019s cybercime regimes. In so doing, the book is set to critically examine the role of the law in preventing and combating cybercrime in East Africa; investigate the extent to which the current laws address the problem of cybercrime and ICT governance and regulation in the East African region at country and regional levels; examine the level and extent of cooperation required among the EAC partners in fighting cybercrime; analyze legal and institutional challenges on ICT governance and regulation in East Africa and globally with a view of creating a crime-free environment for the Internet and computer users; and examine the best ways through which the East Africa region can ensure efficient regulation of ICT through a regime that will prevent and combat cybercrime without necessarily inhibiting social, political and economic development."
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of competition law and its interpretation in the Kenya covers every aspect of the subject – the various forms of restrictive agreements and abuse of dominance prohibited by law and the rules on merger control; tests of illegality; filing obligations; administrative investigation and enforcement procedures; civil remedies and criminal penalties; and raising challenges to administrative decisions. Lawyers who handle transnational commercial transactions will appreciate the explanation of fundamental differences in procedure from one legal system to another, as well as the international aspects of competition law. Throughout the book, the treatment emphasizes enforcement, with relevant cases analysed where appropriate. An informative introductory chapter provides detailed information on the economic, legal, and historical background, including national and international sources, scope of application, an overview of substantive provisions and main notions, and a comprehensive description of the enforcement system including private enforcement. The book proceeds to a detailed analysis of substantive prohibitions, including cartels and other horizontal agreements, vertical restraints, the various types of abusive conduct by the dominant firms and the appraisal of concentrations, and then goes on to the administrative enforcement of competition law, with a focus on the antitrust authorities’ powers of investigation and the right of defence of suspected companies. This part also covers voluntary merger notifications and clearance decisions, as well as a description of the judicial review of administrative decisions. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in the Kenya will welcome this very useful guide, and academics and researchers will appreciate its value in the study of international and comparative competition law.
This volume presents analyses of data protection systems and of 26 jurisdictions with data protection legislation in Africa, as well as additional selected countries without comprehensive data protection laws. In addition, it covers all sub-regional and regional data privacy policies in Africa. Apart from analysing data protection law, the book focuses on the socio-economic contexts, political settings and legal culture in which such laws developed and operate. It bases its analyses on the African legal culture and comparative international data privacy law. In Africa protection of personal data, the central preoccupation of data privacy laws, is on the policy agenda. The recently adopted African Union Cyber Security and Data Protection Convention 2014, which is the first and currently the only single treaty across the globe to address data protection outside Europe, serves as an illustration of such interest. In addition, there are data protection frameworks at sub-regional levels for West Africa, East Africa and Southern Africa. Similarly, laws on protection of personal data are increasingly being adopted at national plane. Yet despite these data privacy law reforms there is very little literature about data privacy law in Africa and its recent developments. This book fills that gap.
Through the rise of big data and the internet of things, terrorist organizations have been freed from geographic and logistical confines and now have more power than ever before to strike the average citizen directly at home. This, coupled with the inherently asymmetrical nature of cyberwarfare, which grants great advantage to the attacker, has created an unprecedented national security risk that both governments and their citizens are woefully ill-prepared to face. Examining cyber warfare and terrorism through a critical and academic perspective can lead to a better understanding of its foundations and implications. Cyber Warfare and Terrorism: Concepts, Methodologies, Tools, and Applications is an essential reference for the latest research on the utilization of online tools by terrorist organizations to communicate with and recruit potential extremists and examines effective countermeasures employed by law enforcement agencies to defend against such threats. Highlighting a range of topics such as cyber threats, digital intelligence, and counterterrorism, this multi-volume book is ideally designed for law enforcement, government officials, lawmakers, security analysts, IT specialists, software developers, intelligence and security practitioners, students, educators, and researchers.