May 2018 - KICTANet

The Statute Law (Miscellaneous Amendments) Bill, 2018
by Francis Monyango 15 May '18

15 May '18

Listers, The Statute Law (Miscellaneous Amendments) Bill, 2018 seeks to make various, wide-ranging amendments to various intellectual property (IP) and information technology (IT) law-related statutes. The Bill contains proposed amendments to the following statutes: *- Registration of Persons Act of 2015 * *- The Kenya Information and Communications Act, 1998 (No. 2 of 1998)* *- The Industrial Property Act, 2001 (No. 3 of 2001)* *- The Copyright Act, 2001 (No. 12 of 2001)* *- The Anti-Counterfeit Act, 2008 (No. 13 of 2008)* *- The Protection of Traditional Knowledge and Traditional Cultural Expressions Act, 2016 (No. 33 of 2016)* Attached to this is a copy of the bill and a link to Jadili where select clauses have been uploaded for comments. http://jadili.ictpolicy.org/docs/the-statute-law-(miscellaneous-amendments)… -- Francis Monyango Lawyer | ICT Policy and Legal Consultant www.monyango.com

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Invitation to Participate in the Annual ICT Week 2018
by Gimode, Chiimbiru 15 May '18

15 May '18

Dear Listers, The Communications Authority of Kenya (CA) annually hosts an ICT Week, a forum that brings together ICT experts, government leaders, ICT service providers, ICT entrepreneurs, start-ups and consumers to discuss various issues pertinent to the ICT industry. It is a platform for the Authority to create awareness on its mandate, increase compliance with licensee conditions and enhance quality of service provided to consumers. This year’s event will be held from 16th to 18th May 2018 at the Intercontinental Hotel in Nairobi starting from 9:30am, daily. The theme for this year’s forum is “Use of Emerging Technologies in Driving the Big 4 Agenda for Kenya”. The forum, which will cover all regulated segments of the ICT sector, shall be structured on thematic sessions such as Blockchain and Artificial Intelligence, Proposed Licensing Framework for Emerging Technologies and ICT sector Initiatives in the Big 4 Agenda, among others. The Authority, cordially invites you to participate in the 2018 ICT Week. We will appreciate confirmation of your participation by filling the attached registration form, with an indication of sessions of interest. The form should be sent to the email address: ICTWEEK2018(a)ca.go.ke<mailto:ICTWEEK2018@ca.go.ke> by Monday, 14th May 2018. The draft program is attached for your reference. Looking forward to hosting you. Best Regards, Chiimbiru Gimode, CMRP, MPRSK. Communications Officer Communications Authority of Kenya (CA) CA Centre,Waiyaki Way,Westlands, Nairobi I P.O Box 14448 Nairobi 00800. Office Line : 0703-042-524 I Website : www.ca.go.ke I Twitter : @CA_Kenya Facebook : Communications Authority of Kenya I YouTube : CA Kenya Flickr : https://www.flickr.com/photos/cck-kenya CA Core Values: Integrity | Transparency| Accountability | Diligence | Results Focus I Team work We are all bound together in ways that are invisible to the eye.There is a oneness to humanity.We achieve ourselves by sharing ourselves with others and caring for those around us-Barack Obama. [cid:F7268D62-54D9-4133-80D1-6E8E642420A1] Please be responsible, consider the environment before printing this e-mail. DISCLAIMER:- This email and any files transmitted with it are confidential and intended solely for the use by the individual(s) or entity to whom it is addressed to. If you are not the intended recipient, you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. Additionally, if you have received this email in error please notify the sender immediately by a reply e-mail. E-mail transmission cannot be guaranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender therefore does not accept liability for any errors or omissions in the contents of this message, which arise as a result of e-mail transmission.

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Re: [kictanet] kictanet Digest, Vol 132, Issue 34
by Gideon 14 May '18

14 May '18

Here are my initial comments quick comments to the draft policy brief on data protection in Kenya, will add more as i read through more critically *Personal Data* Magnify the scope of definition of the word: “Personal Data”, currently it seems quite undetaled ‘personal data’ should be defined to mean any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier (Web data such as location, IP address, cookie data and RFID tags) or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person; *On Anonymous data:* Talk more about “pseudonymisation’ as a means to process personal data in such a way and manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person; Regards Rop On Wed, May 9, 2018 at 7:38 PM, <kictanet-request(a)lists.kictanet.or.ke> wrote: > Send kictanet mailing list submissions to > kictanet(a)lists.kictanet.or.ke > > To subscribe or unsubscribe via the World Wide Web, visit > https://lists.kictanet.or.ke/mailman/listinfo/kictanet > or, via email, send a message with subject or body 'help' to > kictanet-request(a)lists.kictanet.or.ke > > You can reach the person managing the list at > kictanet-owner(a)lists.kictanet.or.ke > > When replying, please edit your Subject line so it is more specific > than "Re: Contents of kictanet digest..." > > > Today's Topics: > > 1. KICTANet's draft policy brief on data protection in Kenya > (Grace Githaiga) > > > ---------------------------------------------------------------------- > > Message: 1 > Date: Wed, 09 May 2018 19:38:37 +0300 > From: Grace Githaiga <ggithaiga(a)kictanet.or.ke> > To: "kictanet(a)lists.kictanet.or.ke" <kictanet(a)lists.kictanet.or.ke> > Subject: [kictanet] KICTANet's draft policy brief on data protection > in Kenya > Message-ID: <ee672ac2228a64bb56310f98a790c03c(a)webmail.kictanet.or.ke> > Content-Type: text/plain; charset="utf-8" > > Dear Listers > > Greetings. > > In the last two decades, Kenya mobile communications and internet > connectivity have rapidly increased. With these developments, the > country has also developed a data economy. The data economy is the > wealth and resources created from collection and processing of data. > It is the cornerstone of the fourth industrial revolution which uses > digital technologies to carry out processes, be they physical, > digital, or biological. A key feature of the revolution is data-driven > decision making, creation of new products, services and innovation.? > > A team of KICTANet listers have been working to produce a draft policy > brief on Data Protection in Kenya which I attach.? We would > appreciate your comments on it as it is still being reviewed. We will > be receiving comments in the next two weeks (until May 25, 2018). > > Thanks alot good people.? > > > Best regards > > > Githaiga, Grace > > > > > > > > > > > > > > > Co-Convenor > Kenya ICT Action Network (KICTANet) > Twitter:@ggithaiga > Tel: 254722701495 > Skype: gracegithaiga > Alternate email: ggithaiga(a)hotmail.com > Linkedin: https://www.linkedin.com/in/gracegithaiga > www.kictanet.or.ke > > "Change only happens when ordinary people get involved, get engaged > and come together to demand it. I am asking you to believe. Not in my > ability to bring about change ? but in yours"---Barrack Obama. >

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KICTANet's draft policy brief on data protection in Kenya
by Grace Githaiga 11 May '18

11 May '18

Dear Listers Greetings. In the last two decades, Kenya mobile communications and internet connectivity have rapidly increased. With these developments, the country has also developed a data economy. The data economy is the wealth and resources created from collection and processing of data. It is the cornerstone of the fourth industrial revolution which uses digital technologies to carry out processes, be they physical, digital, or biological. A key feature of the revolution is data-driven decision making, creation of new products, services and innovation. A team of KICTANet listers have been working to produce a draft policy brief on Data Protection in Kenya which I attach. We would appreciate your comments on it as it is still being reviewed. We will be receiving comments in the next two weeks (until May 25, 2018). Thanks alot good people. Best regards Githaiga, Grace Co-Convenor Kenya ICT Action Network (KICTANet) Twitter:@ggithaiga Tel: 254722701495 Skype: gracegithaiga Alternate email: ggithaiga(a)hotmail.com Linkedin: https://www.linkedin.com/in/gracegithaiga www.kictanet.or.ke "Change only happens when ordinary people get involved, get engaged and come together to demand it. I am asking you to believe. Not in my ability to bring about change – but in yours"---Barrack Obama.

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Banning of the FILM Rafiki
by Alex Comninos 08 May '18

08 May '18

Hi I was shocked to learn that the film classification board has banned an LGBT film, Rafiki. Our Film and Publication Board recently attempted this but it was reversed by the courts. Films are ICTs and we should be discussing this on the list. I am looking forward to the discussion. Kind regards, Alex

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Re: [kictanet] [Community-Discuss] Board update on Governance Committee report
by Andrew Alston 07 May '18

07 May '18

Owen, I would even accept a minimally redacted version – so long as the redactions can be clearly seen – so we can see not the information that was redacted – but the context around the redaction. But – what we have at the moment is a report written by the board itself that has absolutely no independence whatsoever and no transparency – that – is not good enough Andrew From: Owen DeLong [mailto:owen@delong.com] Sent: 07 May 2018 12:56 To: Ali Hussein <ali(a)hussein.me.ke> Cc: General Discussions of AFRINIC <community-discuss(a)afrinic.net>; KICTAnet ICT Policy Discussions <kictanet(a)lists.kictanet.or.ke> Subject: Re: [Community-Discuss] Board update on Governance Committee report On May 7, 2018, at 07:04, Ali Hussein <ali(a)hussein.me.ke<mailto:ali@hussein.me.ke>> wrote: Apologies for cross-posting. Every African I believe needs to know what is going on at AFRINIC. For those who are hearing about AFRINIC for the first time please follow the link below About Afrinic<https://www.afrinic.net/en/about/origins> Dear Abibu Thank you for your report. This is much appreciated. I would like to state the following:- 1. That the community was expecting the Board to share the FULL report. This is in line with Corporate Governance Ethos and:- While I do agree that the board should share a minimally redacted version of the report, expecting the full report is unreasonable. It is virtually guaranteed that the report contains privileged information and private data regarding AfriNIC personnel which it would be inappropriate to disclose publicly. a) It will go a long way in ensuring that the community doesn't feel (rightly or wrongly) that there is any cover up being perpetrated by the board. b) Protects the board from allegations of impropriety. c) Will serve to start the process of healing and ensuring that AFRINIC continues its very important role in the African Internet Ecosystem without the cloud that is currently hanging over it. Agreed, and I hope the board will soon release a report with only minimum redactions where such redactions are fully visible. 2. To quote you:- ' The Board has also been advised that in considering the report they need to be cognizant of issues of confidentiality and data protection ' For you to make such a statement the community would like to know which by-laws you are quoting from and for it to satisfied that there is going to be breaches of confidentiality and data protection if the original report is released. Seriously? Any report of this nature is likely to contain the following categories of such information: 1. Personally identifiable information about AfriNIC staff, including members not subjects of the investigation. 2. Confidential information subject to the board NDA. 3. HR sensitive data which cannot be legally disclosed. Finally, this is to my fellow community members :- Let us be circumspect in how we engage on these emotive issues. Some of us seem to be engaging in a 'Scorched Earth Policy' agains the Board. This is ill advised. There are better ways of addressing these issues. With sobriety and a sense of collective responsibility. AFRINIC is a critical player in the ICT Ecosystem in Africa. Let us not throw the baby out with the bath water.. Agreed. Owen Regards Ali Hussein Principal AHK & Associates Tel: +254 713 601113 Twitter: @AliHKassim Skype: abu-jomo LinkedIn: http://ke.linkedin.com/in/alihkassim<http://ke.linkedin.com/in/alihkassim> 13th Floor , Delta Towers, Oracle Wing, Chiromo Road, Westlands, Nairobi, Kenya. Any information of a personal nature expressed in this email are purely mine and do not necessarily reflect the official positions of the organizations that I work with. On Sun, May 6, 2018 at 10:55 PM, Abibu Ntahigiye <abibu.ntahigiye(a)gmail.com<mailto:abibu.ntahigiye@gmail.com>> wrote: Dear Afrinic Community, The Board in March 2018, as per resolution 201803.391, tasked the Governance Committee (GC) to convene an investigation on allegations made by a staff member. The GC was requested to define the Terms of Reference (TORs) for an independent investigation, and to appoint an investigation committee. The Board requested the findings to be reported by 30 April 2018. The GC notified the community that they would deliver the report by 4 May 2018, and has submitted the report to the Board on 2 May 2018. The Board acknowledged receipt of the report. The Board is going to thoroughly consider the report and recommendations thereof, and will share with the community applicable actions and steps that will be taken in due course. The Board has also been advised that in considering the report they need to be cognizant of issues of confidentiality and data protection. With regards to allegations made against certain Board members, the Board can announce the following outcomes as derived from the report: * That there was a violation of the Non-Disclosure Agreement (NDA) and section 153 of the Companies Act 2001, by Mr Sunday Folayan. * That there is no evidence whatsoever against Haitham El Nakhal of having breached the terms of the NDA and/or section 153 of the Companies Act 2001. * That the Investigation Committee (IC) is satisfied that there was no evidence of harassment, bullying or intimidation by Board members. The Board will re-evaluate the interim Chair and Vice Chair appointments that were made in resolution 201803.398. With regards to allegations made against certain members of staff, the Board observed from the IC report that there may have been inappropriate behaviour on the part of certain staff members. The findings and recommendations related to staff matters will be addressed through necessary processes. We appeal to the community to allow the Board time to consider the report carefully, and provide feedback to the community no later than 31 July 2018 on the next steps and how the recommendations will be implemented. Kind regards ---- Abibu R. Ntahigiye Chair, Afrinic Board. _______________________________________________ Community-Discuss mailing list Community-Discuss(a)afrinic.net<mailto:Community-Discuss@afrinic.net> https://lists.afrinic.net/mailman/listinfo/community-discuss<https://lists.afrinic.net/mailman/listinfo/community-discuss> _______________________________________________ Community-Discuss mailing list Community-Discuss(a)afrinic.net<mailto:Community-Discuss@afrinic.net> https://lists.afrinic.net/mailman/listinfo/community-discuss<https://lists.afrinic.net/mailman/listinfo/community-discuss>

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Re: [kictanet] [Community-Discuss] Board update on Governance Committee report
by Ali Hussein 07 May '18

07 May '18

Apologies for cross-posting. Every African I believe needs to know what is going on at AFRINIC. For those who are hearing about AFRINIC for the first time please follow the link below About Afrinic <https://www.afrinic.net/en/about/origins> Dear Abibu Thank you for your report. This is much appreciated. I would like to state the following:- 1. That the community was expecting the Board to share the FULL report. This is in line with Corporate Governance Ethos and:- a) It will go a long way in ensuring that the community doesn't feel (rightly or wrongly) that there is any cover up being perpetrated by the board. b) Protects the board from allegations of impropriety. c) Will serve to start the process of healing and ensuring that AFRINIC continues its very important role in the African Internet Ecosystem without the cloud that is currently hanging over it. 2. To quote you:- *'The Board has also been advised that in considering the report they need to be cognizant of issues of confidentiality and data protection'* For you to make such a statement the community would like to know which by-laws you are quoting from and for it to satisfied that there is going to be breaches of confidentiality and data protection if the original report is released. Finally, this is to my fellow community members :- Let us be circumspect in how we engage on these emotive issues. Some of us seem to be engaging in a 'Scorched Earth Policy' agains the Board. This is ill advised. There are better ways of addressing these issues. With sobriety and a sense of collective responsibility. AFRINIC is a critical player in the ICT Ecosystem in Africa. Let us not throw the baby out with the bath water.. Regards *Ali Hussein* *Principal* *AHK & Associates* Tel: +254 713 601113 Twitter: @AliHKassim Skype: abu-jomo LinkedIn: http://ke.linkedin.com/in/alihkassim <http://ke.linkedin.com/in/alihkassim> 13th Floor , Delta Towers, Oracle Wing, Chiromo Road, Westlands, Nairobi, Kenya. Any information of a personal nature expressed in this email are purely mine and do not necessarily reflect the official positions of the organizations that I work with. On Sun, May 6, 2018 at 10:55 PM, Abibu Ntahigiye <abibu.ntahigiye(a)gmail.com> wrote: > Dear Afrinic Community, > > > The Board in March 2018, as per resolution 201803.391, tasked the > Governance Committee (GC) to convene an investigation on allegations made > by a staff member. The GC was requested to define the Terms of Reference > (TORs) for an independent investigation, and to appoint an investigation > committee. The Board requested the findings to be reported by 30 April > 2018. > > The GC notified the community that they would deliver the report by 4 May > 2018, and has submitted the report to the Board on 2 May 2018. The Board > acknowledged receipt of the report. The Board is going to thoroughly > consider the report and recommendations thereof, and will share with the > community applicable actions and steps that will be taken in due course. > > The Board has also been advised that in considering the report they need > to be cognizant of issues of confidentiality and data protection. > > With regards to allegations made against certain Board members, the Board > can announce the following outcomes as derived from the report: > > > > - > > That there was a violation of the Non-Disclosure Agreement (NDA) and > section 153 of the Companies Act 2001, by Mr Sunday Folayan. > > > > - > > That there is no evidence whatsoever against Haitham El Nakhal of > having breached the terms of the NDA and/or section 153 of the Companies > Act 2001. > > > > - > > That the Investigation Committee (IC) is satisfied that there was no > evidence of harassment, bullying or intimidation by Board members. > > > The Board will re-evaluate the interim Chair and Vice Chair appointments > that were made in resolution 201803.398. > > With regards to allegations made against certain members of staff, the > Board observed from the IC report that there may have been inappropriate > behaviour on the part of certain staff members. > > > The findings and recommendations related to staff matters will be > addressed through necessary processes. > > We appeal to the community to allow the Board time to consider the report > carefully, and provide feedback to the community no later than 31 July 2018 > on the next steps and how the recommendations will be implemented. > > > Kind regards > > ---- > > Abibu R. Ntahigiye > > Chair, Afrinic Board. > > > _______________________________________________ > Community-Discuss mailing list > Community-Discuss(a)afrinic.net > https://lists.afrinic.net/mailman/listinfo/community-discuss > >

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The governance farce that is AFRINIC
by Andrew Alston 07 May '18

07 May '18

Hi All, I've avoided up till now bringing this issue to KICTANET - but I think that now that the board of AFRINIC has proven just how far they are willing to stray from corporate governance - and considering the impact that AFRINIC can have on the wider Internet community in Africa - it's time to bring this to the attention of this list. Recently - some damning allegations surfaced - and I won't go into detail of those allegations - nor will I comment on if I believe them to be true or false, but needless to say - the community in outrage demanded an independent investigation. The board then chose to commission such in an attempt to pacify a justifiably angry community. At the same time, a vote of no confidence was duly put forward by a member of the AFRINIC community (Mr Elkins), which the board decided to refuse to table at the upcoming AGMM - in an attempt to protect themselves from what I personally believe would have been an inevitable result. The independent investigation came back - the governance committee which is independent of the board confirmed as much, that the report had been handed to the board. Instead of the board then releasing the independent investigative report to the community, the board decided to destroy ALL semblance of independence and write their own report supposedly based on the investigative report that had been demanded and release that instead. The boards email to this effect can be found at: https://lists.afrinic.net/pipermail/community-discuss/2018-May/002211.html My response to this can be found at: https://lists.afrinic.net/pipermail/community-discuss/2018-May/002212.html The AFRINIC elections are now upon us - and the candidates for both East and South - the SOLE candidates - are currently sitting on the board that is complicit in this total farce - and as such - I am now appealing to anyone and everyone who has a vote in AFRINIC to exercise that vote in the elections. I will leave it up to those who are voting to decide which way to vote - but I will go on record and state - I have voted - and I have voted "None of the above" across the entire slate - because in my view - these board members have NO place on a board that has such a fundamentally important job on this continent. Saddened and disgusted - why when we make such giant strides forward on this continent do a few individuals take us so far backwards and do so much damage? It breaks my heart Andrew

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Local IXP (KIXP) peering and Local traffic
by Job Muriuki 06 May '18

06 May '18

Anyone here from Tespok or CA shed some light. I have a question on what governs local ISP peering in Kenya. There is KIXP at EADC which was set up so to keep local traffic local. Is it open to international carriers like Seacom, Tata, Etisalat, Hurricane electric, China Telkom and others who are present at EADC? The reason I ask is if you take service, IP transit service from any of the carriers and you are not peering at KIXP your IPs (Local traffic) go all the way to either France or UAE and back to Kenya while they could have just peered at KIXP and offer faster and "affordable" connections. It makes no sense for a connection to ecitizen or a server hosted locally at say Node Africa to have to go to IXPs in other countries and brought back to Kenya getting treated and charged as international traffic. Is KIXP that unreliable or what is the challenge? If we don't grow our local capacity to deliver gigabit speeds in our IXP and take advantage of CDNs available locally, will we ever fully utilise the internet and create jobs at the same time without having multinationals come do it? Currently getting a data pipe from point A to B over a fiber connection within Kenya is more expensive than getting an internet connection from the same provider which will be carried on the same fiber link as the data pipe which makes absorption of hosting services in Kenya way expensive compared to hosting servers in Europe or America. Most Kenyans and even some government agencies result in hosting services overseas and the users are in Kenya then what is the point of investing in fiber locally and have it rot underground while cash is sent to companies out there for a service we can provide locally? Regards, Job Muriuki, Skype: heviejob ‌ [image: Mailtrack] <https://mailtrack.io?utm_source=gmail&utm_medium=signature&utm_campaign=sig…> Sent with Mailtrack <https://mailtrack.io?utm_source=gmail&utm_medium=signature&utm_campaign=sig…>

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The Era of Fake Video Begins-Technology, the gift that keeps giving
by anyega jefferson 06 May '18

06 May '18

https://flipboard.com/@flipboard/-the-era-of-fake-video-begins/f-5c4a730eb6… -- Anyega M Jefferson jeffersonanyega(a)gmail.com 0703824326 Start where you are,use what you have and do what you can.

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