A private e-mail spying system, which Kenya's telecoms regulator plans to use in its fight against cyber crime, has drawn criticism for flouting the country's privacy laws.
The Communications Commission of Kenya (CCK) has sent letters to telecoms service providers, asking for cooperation to implement a monitoring system, known as the Network Early Warning System (NEWS).
The system, which is a joint venture between the CCK and the International Telecommunication Union, is set to cost Sh36.2 million. The regulator says NEWS will help it monitor Internet traffic, so as to detect cyber threats and allow for early responses.
Cyber crime has skyrocketed in Kenya, as 2 000 local Web sites were hacked in the last year, with 103 of those being government sites.
But the NEWS system is already facing opposition from those that claim it is in breach of Kenyans' constitutional right to privacy.
Nairobi lawyer Paul Muite, quoted in Business Daily, said: “This is unwarranted interference with the citizens' right to freely communicate, which is highly irregular as it amounts to spying on people without having to account for their actions.”
Kenya's constitution grants citizens privacy rights including “the privacy of their communication”.
However, CCK director-general Francis Wangusi said the telecom regulator's plans would not be in violation of this constitutional clause, as the regulator would be the sole custodian of the information gathered. He also said a non-disclosure agreement with Internet service providers would contain confidentiality terms for use of the captured data.
“That information gathered will only be used to facilitate response to cyber incidents and will only be shared among concerned parties,” Wangusi reportedly wrote in his letter to Kenyan telcos.
But experts are highly sceptical of the system, regardless of Wangusi's comments. IT professional and blogger on telecoms policy, Tom Makau, said that as the CCK is a commission rather than an authority, it does not have the mandate to monitor the activity of people's Internet usage in Kenya.
Tech analyst Kennedy Kachwanya also hit out at the system: “The cyber security threats facing Kenya cannot be sorted out by going after innocent Kenyans.”
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