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

[Chavoux Luyt <chavoux@gmail.com>]

Hi again

I agree that we need special laws for cyberspace. However, we should
be carefull what we label "crime". In America, researchers on security
and encryption issues have been labeled as criminals, because they
demonstrated the weaknesses in some commercial encryption techniques.
I strongly believe that Africa is in a position to lead, rather than
follow, as far as IPR legislation is concerned.

As for judges needing to decide technical issues that they don't
understand: it is for this reason that "expert witnesses" are used in
a range of different technical fields. One interesting point from out
experiences in South Africa in a different field (Nature
Conservation). We have found that politicians are many times open to a
clearly motivated, well thought-out plan of action presented by a
group of experts in a specific field. Many times the politicians have
to rely on some source of information/advice anyways to make new laws.
If a major group of experts in the field supply this advice, it can
only lead to better decision-making.

Maybe a bit off topic, but something to keep in mind: in Africa we
also have a large body of "indigenous knowledge" (on medicinal plants,
animals etc.) that can be considered in the open domain here, but are
sometimes patented overseas (specifically America & Europe). It would
be nice if Africa could lobby the WIPO with one voice on issues like
these.

Regards
Chavoux

On 7/28/05, klohento@panos-ao.org <klohento@panos-ao.org> wrote:
> 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
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