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Re: [kictanet] kictanet Digest, Vol 104, Issue 47
by Josh Kinoti 13 Jan '16

13 Jan '16

Linda makes a good case, Re: regulation of Netflix Just wondering if you are aware one can set a 'child' account. IMO, the supposed regulation will at best stir curiosity. Remember the banning of 'The Wolf of Wall Street' locally? The effects were opposite of the intent. We ought to champion for self regulation and individual commitment to uphold the right values. The cyber space is a different kind of a beast. On Wednesday, 13 January 2016, <kictanet-request(a)lists.kictanet.or.ke> wrote: > Send kictanet mailing list submissions to > kictanet(a)lists.kictanet.or.ke <javascript:;> > > 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 <javascript:;> > > You can reach the person managing the list at > kictanet-owner(a)lists.kictanet.or.ke <javascript:;> > > When replying, please edit your Subject line so it is more specific > than "Re: Contents of kictanet digest..." > > > Today's Topics: > > 1. Re: Netflix KICTAnet ICT Policy Discussions (Ali Hussein) > 2. Fwd: Legislative Update (Grace Mutung'u (Bomu)) > > > ---------------------------------------------------------------------- > > Message: 1 > Date: Wed, 13 Jan 2016 12:18:34 +0300 > From: Ali Hussein <ali(a)hussein.me.ke <javascript:;>> > To: Linda Ochieng <lindaochieng(a)yahoo.com <javascript:;>> > Cc: "kictanet(a)lists.kictanet.or.ke <javascript:;>" < > kictanet(a)lists.kictanet.or.ke <javascript:;>>, > "mutua.ezekiel(a)yahoo.com <javascript:;>" <mutua.ezekiel(a)yahoo.com > <javascript:;>>, "jwalu(a)yahoo.com <javascript:;>" > <jwalu(a)yahoo.com <javascript:;>> > Subject: Re: [kictanet] Netflix KICTAnet ICT Policy Discussions > Message-ID: <14770024-77B9-4CE1-9119-F5292F19F75A(a)hussein.me.ke > <javascript:;>> > Content-Type: text/plain; charset="utf-8" > > Linda > > Please see my responses against your comments > > Ali Hussein > Principal > Hussein & Associates > +254 0713 601113 / 0770906375 > > Twitter: @AliHKassim > Skype: abu-jomo > LinkedIn: http://ke.linkedin.com/in/alihkassim > Blog: www.alyhussein.com > > "Discovery consists in seeing what everyone else has seen and thinking > what no one else has thought". ~ Albert Szent-Gy?rgyi > > Sent from my iPad > > > On 13 Jan 2016, at 8:10 AM, Linda Ochieng <lindaochieng(a)yahoo.com > <javascript:;>> wrote: > > > > I have been following your discussions here and my thoughts > specifically on Netflix and online streaming are as follows: > > > > One, as a distributor of audio visual content, Netflix must adhere to > the regulations governing distribution of such content in line with all the > laws of the Republic of Kenya, irrespective of the type of medium they are > using to make that content available to their target consumers. That is the > only way the firm?s operations in the country can be legal. As you know, > the law applies across the board and does not exempt foreign firms, or > users of online platforms. > > Ali - Internet Governance issues are in play here and it's not cut and > dried as you put. That's why you are seeing two regulators disagreeing. Why > don't we then go ahead and also regulate all the other OTT (Over the Top) > services like YouTube, Facebook video etc? > > > > Two, it is in interest of the country to protect our cyberspace against > infiltration with content that is overly violent and damaging to our > national values and morals and security. I a reliably informed that most > of the movies distributed via some of these streaming services are rated as > suitable for children, yet they have scenes that should not be shown to > children. That is rather unfortunate, given that most of our children have > access to the Internet. Whose interest are we protecting then when we > support such content? > > Ali - There is no 'our cyberspace'. That's why it's called the World Wide > Web. This suggestion to Balkanise the Internet is to the detriment of us > all. We should fight it with all we have. > > > > Three and of even greater concern is the fact that British media > reports have in fact indicated that some of the content circulating on > these platforms requires secret codes to access, raising considerable > suspicion as to what kind of information that is to be distributed in such > an overt manner. What is the motive of making the information secret, > beyond the subscription restrictions, we should ask? > > Ali - As Uhuru said - Policing should start with us. This business of us > asking the government to decide for us everything even what we watch in our > sitting rooms is a recipe for disaster. We don't want a Morality Police in > our country. It starts with you and I. Let's desist from this mentality of > 'Serikali saidia'! > > > > Four, there is concern over growing levels of pornographic material > available in the country mainly originating from other countries. The > source is online platforms. This should worry every good citizen. > Radicalization is also one other major concern in online channels of > content distribution. This is the reason why KFCB and CA should be given > all the support they require by all stakeholders to ensure this kind of > content is classified and regulated appropriately. In any case, who is not > affected by these challenges? > > > Ali - True. It starts with us. Regulators are not supposed to enter our > homes and police us. It's instructive that KFCB and CA are reading from the > same script. > > > As I have said, everyone is bound by the law. As it is now, all content > coming into the country is subject to the laws of Kenya. Without exception. > Clearly then, if Netflix fails to submit their content for classification > as expected by the law, their operations in Kenya will be illegal and must > in that event face the full force of the laws of Kenya. Let us not be > against regulation without considering its benefits to our country. > > Again true. However, regulators need to also understand that the script > has changed. There is a new dispensation afoot. And they need to get on > with the program. The days of the telegram are gone. The ITU as we know it > also needs to reinvent itself. The CA fortunately is showing us positives > (I'm willing to give them the benefit of doubt when it comes to some of the > decisions and draft laws they come up. After all we are not perfect!) and > they really need to continue in the same vein. > > > > Regards > > > > Linda > > Amazon Tech Heights. Org >

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Kenyan Musicians Protest and Petition to Attorney General and Chief Justice
by Bernard Kioko 13 Jan '16

13 Jan '16

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Fwd: [Internet Policy] Call for Contributions: Taking Stock IGF 2015
by Barrack Otieno 13 Jan '16

13 Jan '16

Listers, For your information and attention. Best Regards ---------- Forwarded message ---------- From: Constance Bommelaer <bommelaer(a)isoc.org> Date: Wed, 13 Jan 2016 11:41:56 +0000 Subject: [Internet Policy] Call for Contributions: Taking Stock IGF 2015 To: Internet Policy External <InternetPolicy(a)elists.isoc.org> Dear Members, The IGF Secretariat has just published a call for contributions taking stock of the IGF 2015 meeting and looking ahead to the IGF 2016 meeting<http://www.intgovforum.org/cms/call-for-inputs-taking-stock-of-the-10th-igf…>. The contributions will feed into the next Open Consultations and MAG meeting (dates TBA soon). In reflecting about what worked well and possible improvements for IGF 2016, the Internet community is invited to think about all aspects of the IGF: themes, structure of the conference, network of local/regional IGFs, intersessional activities leading to tangible outputs, etc. On this note, I invite you to read and share through your networks the following reports that where finalized and recently published by the IGF Secretariat: * The IGF Best Practices Handbook<http://www.intgovforum.org/cms/documents/best-practice-forums/657-bpf-handb…> * The IGF Policy Options for Connecting the Next Billion<http://www.intgovforum.org/cms/documents/policy-options/654-igf-policy-opti…> The deadline for submitting contributions is 12 February 2016. All ISOC members and chapters are invited to take part in the IGF consultation. Best, Constance -- Barrack O. Otieno +254721325277 +254-20-2498789 Skype: barrack.otieno http://www.otienobarrack.me.ke/

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Fwd: Legislative Update
by Grace Mutung'u (Bomu) 13 Jan '16

13 Jan '16

Listers, FYI. January 8, 2016, Legislative Update 001 See it Online <http://us7.campaign-archive1.com/?u=f42c73e8d9f3ec44858944bb5&id=82b0de79cd…> Forward to Friend <http://us7.forward-to-friend.com/forward?u=f42c73e8d9f3ec44858944bb5&id=82b…> <http://kenyalaw.us7.list-manage.com/track/click?u=f42c73e8d9f3ec44858944bb5…> <http://kenyalaw.us7.list-manage1.com/track/click?u=f42c73e8d9f3ec44858944bb…> <http://kenyalaw.us7.list-manage.com/track/click?u=f42c73e8d9f3ec44858944bb5…> Kenya Law Legislative Updates *Statute Law (Miscellaneous Amendments) Act, No. 25 of 2015* <http://kenyalaw.us7.list-manage.com/track/click?u=f42c73e8d9f3ec44858944bb5…> This is an Act of Parliament that provides minor amendments to various statutes such as the Criminal Procedure Code, Judicial Service Act, National Police Service Act, Environment and Land Court Act, Universities Act and Prevention of Terrorism Act. It came into operation upon publication in the Gazette on 24th December, 2015. *Government Proceedings (Amendment) Act, No. 35 of 2015 <http://kenyalaw.us7.list-manage.com/track/click?u=f42c73e8d9f3ec44858944bb5…>* The purpose of this Act is to amend the Government Proceedings Act, Cap.40 and it came into operation on 7th January, 2016. *Kenya National Examination Council (Amendment) Act, No. 31 of 2015* <http://kenyalaw.us7.list-manage.com/track/click?u=f42c73e8d9f3ec44858944bb5…> The purpose of this Act is to amend the Kenya National Examination Council Act, Cap.225. It came into operation on 2nd January, 2016. <http://kenyalaw.us7.list-manage.com/track/click?u=f42c73e8d9f3ec44858944bb5…> You are receiving this email because you subscribed to Kenya Law newsletter Change your subscription settings <http://kenyalaw.us7.list-manage.com/profile?u=f42c73e8d9f3ec44858944bb5&id=…> or unsubscribe instantly <http://kenyalaw.us7.list-manage.com/unsubscribe?u=f42c73e8d9f3ec44858944bb5…>. CEO/Editor *Long'et Terer* e: editor(a)kenyalaw.org * The Kenya Law Team <http://kenyalaw.us7.list-manage1.com/track/click?u=f42c73e8d9f3ec44858944bb…> * Where Legal Information is Public Knowledge. The National Council for Law Reporting | Kenya Law P.O Box 10443 - 00100, Nairobi Kenya Nairobi 0100 Kenya | www.kenyalaw.org <http://kenyalaw.us7.list-manage1.com/track/click?u=f42c73e8d9f3ec44858944bb…> 2016 Kenya Law | Privacy Policy & Disclaimer <http://kenyalaw.us7.list-manage2.com/track/click?u=f42c73e8d9f3ec44858944bb…> <http://kenyalaw.us7.list-manage2.com/track/click?u=f42c73e8d9f3ec44858944bb…> <http://kenyalaw.us7.list-manage.com/track/click?u=f42c73e8d9f3ec44858944bb5…> [image: Email Marketing Powered by MailChimp] <http://www.mailchimp.com/monkey-rewards/?utm_source=freemium_newsletter&utm…> -- Grace L.N. Mutung'u Nairobi Kenya Skype: gracebomu Twitter: @Bomu <http://www.diplointernetgovernance.org/profile/GraceMutungu> PGP ID : 0x33A3450F

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Cryptocurrencies: What next for Kenya?
by Ali Hussein 13 Jan '16

13 Jan '16

Listers Interesting article on the above. https://www.linkedin.com/pulse/what-next-cryptocurrency-kenya-rosemary-koec… Ali Hussein Tel: +254 713 601113

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Google appeases Pakistani censors with country-specific version of YouTube
by Ali Hussein 12 Jan '16

12 Jan '16

Listers In light of the Netflix debate and KFCB assertions on Regulations here's an interesting article on Pakistan regarding. YouTube. > http://www.dailydot.com/politics/google-youtube-pakistan-censorship-country… One statement caught my eye:- In February 2014, Pakistani officials announced that they were extending the YouTube ban “indefinitely,” because “no tool or solution has been found which can totally block offensive content.” Different countries are trying to handle Internet Governance in their own ways. One thing is clear. The openness of the World Wide Web is under threat globally. We shouldn't jump in the bandwagon of curtailing our freedoms. Ali Hussein Principal Hussein & Associates +254 0713 601113 / 0770906375 Twitter: @AliHKassim Skype: abu-jomo LinkedIn: http://ke.linkedin.com/in/alihkassim Blog: www.alyhussein.com "Discovery consists in seeing what everyone else has seen and thinking what no one else has thought". ~ Albert Szent-Györgyi Sent from my iPad Begin forwarded message: > From: Riyaz Bachani <bachani(a)gmail.com> > Date: 12 January 2016 at 10:18:24 PM EAT > To: Ali Hussein <ali(a)hussein.me.ke> > Subject: pakistani youtube > > http://www.dailydot.com/politics/google-youtube-pakistan-censorship-country… >

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Fwd: [AfrICANN-discuss] FW: Call for Applications - Internet Technical Community Representation in the IGF MAG
by Barrack Otieno 12 Jan '16

12 Jan '16

Listers, In case you missed this. Regards ---------- Forwarded message ---------- From: Dawit Bekele <bekele(a)isoc.org> Date: Fri, 8 Jan 2016 19:12:04 +0000 Subject: [AfrICANN-discuss] FW: Call for Applications - Internet Technical Community Representation in the IGF MAG To: AfrICANN Community List <africann(a)afrinic.net>, "afnog(a)afnog.org" <afnog(a)afnog.org> FYI. Call for Applications for Internet Technical Community Representation in the Internet Governance Forum Multistakeholder Advisory Group 2016 (MAG) The purpose of the Multistakeholder Advisory Group (MAG) is to advise the U.N. Secretary General on the programme and schedule of the Internet Governance Forum meetings. The MAG comprises of 55 Members from governments, the private sector and civil society, including representatives from the academic and technical communities. Those nominated should expect to attend two virtual MAG meetings per month as well as typically three face to face meetings per year. More information. <http://www.intgovforum.org/cms/magabout> The Internet Society (ISOC) is facilitating a process<http://www.internetcollaboration.org/nominations/> leading to recommendations from the Internet Technical Collaboration Group for participation in the 2016 MAG<http://www.intgovforum.org/cms/magabout> of the Internet Governance Forum (IGF). A Nominating Committee (NOMCOM) consisting of senior members of the Internet technical community is currently being formed and will provide nominations to be transmitted to the United Nations for consideration. Candidates should be aware that nominations may or may not be accepted by the UN. Individuals interested in being suggested by the Nominating Committee are invited to complete the Nomination Form<http://www.internetcollaboration.org/wp-content/uploads/sites/12/2014/10/20…> in full to provide responses to a set of Questions<http://www.internetcollaboration.org/wp-content/uploads/sites/12/2014/10/Su…> that are specific to the Internet technical community. Both the form and the answers to questions should be returned to information.itcg(a)gmail.com<mailto:[email protected]> by 2359 UTC on Friday, January 22nd. Applications with incomplete responses to either set of questions will not be considered. ISOC will transmit the names of nominees to the United Nations no later than February 1st. More details on the nomination process can be found here<http://wp.internetsociety.org/internetcollaboration/wp-content/uploads/site…>. Both sets of questions should be answered completely. Responses need not necessarily be lengthy, but they must be sufficiently content-full that the Nominating Committee can accurately judge from them the extent and specifics of your background. If the applicant believes that an existing CV or biographical sketch would contribute to the Nominating Committee's understanding of the candidacy, such a document may be provided in either PDF form or in the form of a link. In terms of attendance at physical meetings, potential funding for MAG members (selected applicants) is available through the IGF "Participant funding" program outlined at www.intgovforum.org/cms/mag/...<http://www.intgovforum.org/cms/mag/2144-eligibility-criteria-for-funding-a-…>. Note that this program is targeted only toward participants from Least Developed Countries, Developing Countries or Transitional Economies. Technical Community Representatives on the 2015 MAG includes the following people: * Xiaodong Lee (NIC CN, China) * Peter Dengate Thrush (Counsel, Barrister, New Zealand) * Michael Nelson (CloudFlare, USA) * Lynn St. Amour (Internet Matters, USA) * Izumi Okutani (JPNIC, Japan) * Susan Chalmers (Independent Consultant, USA) * Baher Esmat (ICANN, Egypt)* * Constance Bommelaer (ISOC, France)* * Flavio Wagner (CGI.br<http://cgi.br/>, Brazil) Candidates with a "*" by their names have stated that they not standing again for nomination. Privacy Statement The nominating committee is required to forward information provided by nominees on the MAG Nomination Form to the United Nations for purposes of the nomination. With the exception of candidates naming themselves, information provided to the NOMCOM for its consideration shall be treated in the strictest confidence Reply to Group Online<http://connect.internetsociety.org/communities/all-discussions/postreply/?M…> View Thread<https://connect.internetsociety.org/communities/community-home/digestviewer…> Recommend<https://connect.internetsociety.org/communities/community-home/digestviewer…> Forward<http://connect.internetsociety.org/communities/all-discussions/forwardmessa…> Flag as Inappropriate<https://connect.internetsociety.org/communities/community-home/digestviewer…> You are subscribed to "Chapter Leaders Community" as bekele(a)isoc.org<mailto:[email protected]>. To change your subscriptions, go to My Subscriptions<http://connect.internetsociety.org/preferences?section=Subscriptions>. To unsubscribe from this community discussion, go to Unsubscribe<http://connect.internetsociety.org/HigherLogic/eGroups/Unsubscribe.aspx?Use…>. -- Barrack O. Otieno +254721325277 +254-20-2498789 Skype: barrack.otieno http://www.otienobarrack.me.ke/

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India to decide on the Free Basic Internet end of January 2016
by Josh Kinoti 12 Jan '16

12 Jan '16

http://www.theguardian.com/technology/2016/jan/09/facebook-india-zuckerberg

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Re: [kictanet] Introducing Facebook Africa Public Policy Team to KICTANet
by Mwendwa Kivuva 12 Jan '16

12 Jan '16

Dr. Waudo, your questions are valid, and very well structured. This is what has been asked for some years now. And the idea of asking Facebook to come over is for them to school us too on their view of net neutrality. But find my attempt inline: On Dec 2, 2015 6:48 PM, "waudo siganga" <emailsignet(a)mailcan.com> wrote: > > Hi Kivuva/Hussein. I need a little more enlightenment: > > 1. Is the "Zero-Rating" issue a debate or has it already been concluded that it is a bad thing? There is a hint that supporting it may leave one in not very good standing.. This has not been agreed upon. We would probably not get an answer to whether it is good or bad. But some countries have determined and outlawed zero rating, some analyze zero rating requests on case by case basis, and other have approved zero rating. > 2. According to Kivuva's well-written article "Zero rating infringes on fundamental human rights by denying users access to the Internet". Are other service providers, including those offering "full" Internet Access at a fee, stopped or hindered from offering their services when some companies offer the zero-rating? Can both forms operate at the same time? This is a great question. And it is probably the main selling point for zero rating. To answer the question, if you have a data package, you can access the Internet outside the zero rated area. I probably like the idea. But what are the root cause for using zero rating? Can we make the Internet affordable? > 3. In Q2 above I have "full" in quotes because in my use of Internet I am yet to come across a truly "neutral Internet" i.e. sometimes I try to access certain websites or services and you are unable as you get a message that you cannot access that site/service from your country, meaning many services providers already practise packet filtering. True. There are many ways in which net neutrality is infringed, and there are different legislation from country to country on those aspects. The one that has affected us more is bandwidth trotting, especially of bit torrent traffic. An ISP advertises unlimited Internet access at $$$, then when you start using more resources than they had anticipated, they tighten your pipe. Bandwidth trotting and protocol blocking was banned by EU in 2014. Mobile carriers used to block access to Skype because it hurts voice, calling, and text-messaging revenue. So part of why we have been calling for a Net Neutrality law in Kenya is to protect the consumer, and also have a stand. Currently, the ISP can do whatever they want. The model to adopt is upto the community. > 4. Hussein gives certain characteristics of a "market" but probably leaves out a very critical one: Choice. The best market is the one where ALL service providers are given the opportunity to offer their services and consumers are left to choose. At the end of the day it is the consumers that decide which companies and services survive and which wilt along the way. Why choose for the consumer beforehand by barring certain services or business models? Be careful before you imprison yourself with your own words :). In the same breath of choice, who decided which websites a consumer should have access to? Why choose for the consumer beforehand? :) Why limit consumer choice? At another level, consumers are not usually very knowledgeable in what they want, or even what is good for a country. I'm ready to bet that if one country allows zero rating, and another country provides reliable affordable broadband, then the one with affordable broadband will experience faster economic growth. This is just an hypothesis. > 5. A couple of years ago the cost and affordability of Internet access was a key ICT public policy issue. We said it was a major impediment to the spread of Internet use. How do we reconcile that with opposition to free (ok "free" as Hussein corrected me) services even if they are only offering a slice of what an open Internet offers. Cost and access are still very relevant especially in our region of the world. That was why the IGF theme was "connecting the next billion." And there are very great suggestions thrown around on how to reduce the cost. Licensing, competition, usf, infrastructure sharing, taxes,...... We are really disadvantaged when it comes to utilising the great benefits of the Internet. Now what happens when we shrink that space more? > > On a lighter note these days I am very happy with Facebook especially the Groups, as I get to know what is going on in the village. But I have been accessing them using a paid service perhaps I can save a few shillings if I got to know how to connect for free. And Facebook likes these case studies. I heard them happily say how they are helping women chamas organise themselves, and also organise civil activism to foster democracy in places like Myanmar. Well, I want that too :-) > > I know Kivuva and Hussein have had extensive opportunity to study this area of Zero-Rating and also to listen o experts so I apologize in advance if my questions do not sound sophisticated. > > Kind Regards, > Waudo > > On Wed, Dec 2, 2015, at 05:07 PM, Mwendwa Kivuva wrote: >> >> We are having the most vibrant debate on Net Neutrality on the list in a long while. Thanks for all contributors, and GG for initiating this timely discussion. It's exciting to see many people interested with the zero rating debate. I'm sure Ebele and Akua from Facebook are fascinated by the dynamism of this group. Thank you Ebele and Akua for graciously joining this debate. >> >> I'll keep my opinions to myself and only ask questions. >> >> >> >> 1. Does Facebook support Net Neutrality? >> >> 2. Does Facebook's zero rating contravene net neutrality principle? >> >> 3. Will Facebook take "zero rated services" to areas without any connectivity infrastructure? >> >> 4. Will Facebook zero rated services reach all the people, even those with feature phones? Does fb have non app based Free basics?. What percentage of your target market has access to smart phones? >> >> 5. Which network operators does Facebook work with? Are all ISPs welcomed to the party? >> >> 6. Will free basics help reduce the cost of internet access? >> >> 7. Does Facebook pay ISPs to offer the "walled garden" to end users? >> >> 8. Why is Facebook running campaigns for "free basics" in a way to suggest that it is giving free access to the internet? Is FB and a few vanilla websites the Internet? >> >> 9. Facebook is considered affluent. Would it consider providing free internet to everyone? >> >> 10. Is free basics bridging the digital divide or creating confusion of those who cannot differentiate between Facebook and the Internet? Is Facebook keen that users from the developing world have access to the whole wealth of knowledge and information that the Internet provides? >> >> >> >> Sincerely, >> >> Mwendwa Kivuva

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[Kicktanet] Does Airtel's Unliminet contravene the spirit of Net Neutrality?
by Martin Gicheru 11 Jan '16

11 Jan '16

Where do we as Kenyans stand on Airtel's Unliminet with regards to Net Neutrality? Or does it apply to Facebook Basics only? As you already know, with Unliminet, users can subscribe to various plans > and in return get "unlimited" access to social media (Whatsapp, Instagram, > Facebook and Twitter) with every bundle purchase besides some voice minutes > and text messages. Isn't this against the principles of net neutrality? > Read the argument here <http://forums.techweez.com/t/airtels-unliminet-and-net-neutrality-where-do-…> . Regards, Martin Gicheru

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