[ipr-ict] [ENGLISH synthesis] last messages: Ousmane Bamba, Gaston Zongo, Ababacar Diop, Adamou Iro

["klohento@panos-ao.org" <klohento@panos-ao.org>]

This synthesis covers mails sent on
- 26 July by Ousmane Bamba, Gaston Zongo, Ababacar Diop, under the 
thread "Fwd: participer au débat]Romaric Lucien BADOUSSI";
- but also the mails sent on 27 July by Adamou Iro and Gaston Zongo 
(thread "Contribution")

26 July:
Ousmane Bamba sent a first mail, saying we need to create new laws for 
cyberspace and that most judges don't master ICT issues and therefore 
cannot well do their job when they face an ICT case (this mail was 
translated). Ababacar Diop replied and said that, even though we don't 
have jurisprudence on ICT issues in most countries, judges will be 
obliged to do their job. Gaston Zongo replied and said that in most 
cases, there is not a legal void, since the crime or theft committed, 
remains a crime or theft, even if it has been done with ICT means or in 
cyberspace. For him, justice finally succeeds in arresting 
cybercriminals. He affirmed that in most cases, we do not need to create 
new laws for cyberspace, even if the convergence of technologies (for 
example), might indeed oblige us to do that. Ousmane Bamba replied and 
asserted again that cyberspace needs its laws. He gave the example of 
the French justice which has created new laws to face cyberspace or ICT 
infringements, or sign international conventions on cybercrime. He 
concluded we need to train our judges in ICT and oblige our MPs to 
create adequate laws to face ICT cases. For him, Africa must not become 
a digital paradise (for defrauders and criminals) in the coming years.

27 July
Adamou Iro said the debate was really interesting and that we should 
send recommendations/our proposals to our regional institutions (ECOWAS 
and the Economic and Monetary Union of West Africa (UEMOA) for example). 
These institutions are currently working on the harmonization of legal 
instruments. Gaston Zongo approved the idea but said that usually, it's 
not easy to know to which division, these sort of information/documents 
can be sent to. He proposed that the recommendations are also sent to 
WATRA (West African Telecommunications Regulators Association). He 
affirmed that since most countries signed WIPO treaties, it's essential 
to involve IP national bureaux, even if they do not usually master ICT 
issues.

----
KL