- KICTANet - KICTANet

Women at the forefront of development : the fight against cyber based violence - 16 day campaign
by Josiah Mugambi 09 Dec '15

09 Dec '15

This should be worth some discussion and thought. Forum is currently ongoing at AfDB Nairobi offices. Follow on twitter: #AfDB16DaysKE https://mobile.twitter.com/search/?q=%23afdb16daysKe&s=hash This blog post from some months back: http://www.afromum.com/growing-trend-cyber-violence-kenya/

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Mail bounces on Tuesday 08/12.15
by Grace Githaiga 09 Dec '15

09 Dec '15

Good morning listers Those of you who tried to post on the list yesterday may have noticed that the mails were bouncing. This is because kictanet.or.ke is registered with EAC directory and were experiencing problems with DNS. This was however resolved just around midnight. Thanks to Washington who followed and worked on this matter to ensure we are 'back on air'. In light of this, those whose mails bounced may want to re-post under the different subject lines and continue with the various debates. Thank you for understanding. RgdsGrace

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Fwd: [Internet Policy] Looking for help spreading word about Kathy Brown's WSIS+10 and Internet security blog post
by Barrack Otieno 09 Dec '15

09 Dec '15

---------- Forwarded message ---------- From: "Dan York" <york(a)isoc.org> Date: Dec 8, 2015 8:47 PM Subject: [Internet Policy] Looking for help spreading word about Kathy Brown's WSIS+10 and Internet security blog post To: "Internet Policy External" <internetpolicy(a)elists.isoc.org> Cc: Internet policy list subscribers, I'd greatly appreciate any help you all could give in spreading the word about a blog post from Kathy Brown that we published today. *This week* there are more negotiations happening in New York about the WSIS+10 event and there are a number of governments seeking to have governments play a larger role in Internet security discussions at the expense of other stakeholder groups. We published a blog post from Kathy today talking about why we see the need for Internet security discussions to involve ALL stakeholders and pointing out some of the work already happening within the technical community: https://www.internetsociety.org/blog/public-policy/2015/12/wsis10-and-chall… If any of you are able to share that link with other people or other communities, it would be greatly appreciated. If you share links on social networks, it can be found at: https://twitter.com/internetsociety/status/674273607002943488 https://twitter.com/ISOCPolicy/status/674273607057444865 https://www.facebook.com/InternetSociety/posts/10153048729348239 https://plus.google.com/+InternetSociety/posts/1EP9qYRpuy4 https://www.linkedin.com/company/internet-society/comments?topic=6080040071… https://www.reddit.com/r/internetgovernance/comments/3vy89w/wsis10_and_the_… The moment to attempt to influence the discussions is right now - and so any assistance spreading the word would be greatly appreciated. Thanks, Dan -- Dan York Senior Content Strategist, Internet Society york(a)isoc.org +1-802-735-1624 Jabber: york(a)jabber.isoc.org Skype: danyork http://twitter.com/danyork http://www.internetsociety.org/ _______________________________________________ To manage your ISOC subscriptions or unsubscribe, please log into the ISOC Member Portal: https://portal.isoc.org/ Then choose Interests & Subscriptions from the My Account menu.

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KENIC deletes isuhuruinkenya.co.ke domain
by James Wamathai 08 Dec '15

08 Dec '15

Hello Listers, Isn't this censorship? http://www.monitor.co.ke/2015/12/07/kenic-shuts-down-a-kenyan-domain/

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ICT in Governance:-KE Analysis
by Walubengo J 07 Dec '15

07 Dec '15

This could be of interest - especially for the incoming leadership at the Ministry of ICT. This report reviews government and non-government Information and Communication Technology (ICT) initiatives in Kenya, and examines how ICT-related policies and other legislation affect citizen participation and democratic governance. Read more @http://www.cipesa.org/2015/10/ict-in-governance-in-kenya-policies-and-practice/ rgdswalu.

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Re: [kictanet] kictanet Digest, Vol 103, Issue 44
by James Wamathai 07 Dec '15

07 Dec '15

Mwendwa, The domain http://isuhuruinkenya.co.ke/ is down. You can check it yourself. The Who is says that the domain status is server hold http://whois.domaintools.com/isuhuruinkenya.co.ke and also the owner was informed of the same thing by his registrar. ----- [image: hapa kenya] <http://www.hapakenya.com> james wamathai / managing editor +254-722 352239/ jw(a)hapakenya.com http://www.hapakenya.com [image: Facebook] <http://facebook.com/uqweli> [image: Twitter] <http://htmlsig.com/#%23%23%23> [image: Google Plus] <https://plus.google.com/+JamesWamathai/> [image: Linkedin] <https://www.linkedin.com/profile/view?id=88118555> [image: Instagram] <http://instagram.com/uqweli> [image: Skype] <http://htmlsig.com/#%23%23%23%23%23> On Mon, Dec 7, 2015 at 5:49 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. Re: KENIC deletes isuhuruinkenya.co.ke domain (Mwendwa Kivuva) > > > ---------------------------------------------------------------------- > > Message: 1 > Date: Mon, 7 Dec 2015 15:44:35 +0100 > From: Mwendwa Kivuva <Kivuva(a)transworldafrica.com> > To: KICTAnet ICT Policy Discussions <kictanet(a)lists.kictanet.or.ke> > Subject: Re: [kictanet] KENIC deletes isuhuruinkenya.co.ke domain > Message-ID: > < > CAEhPqwpQdrf0Vr_GbxewjZgAkg7L_EdF6f7Jg4-CukuEUbsA-Q(a)mail.gmail.com> > Content-Type: text/plain; charset="utf-8" > > Listers, > > Let us understand that KENIC is a social good. It is ours to protect. KENIC > does not belong to them, it belongs to us. > > When we start spreading false rumours against our KENIC, what are we doing > to it's brand? Wisdom calls for us to verify any information before we go > guns blazing. We are now persecuting an innocent entity. > > Long live KENIC. > > Regards > On Dec 7, 2015 5:18 PM, "Sidney Ochieng via kictanet" < > kictanet(a)lists.kictanet.or.ke> wrote: > > > Eric, > > What does that mean? Meanwhile you've not answered any of our > questions... > > On 7 Dec 2015 17:05, "Eric Ndungu via kictanet" < > > kictanet(a)lists.kictanet.or.ke> wrote: > > > >> Dear Listers, > >> > >> Kindly note that KeNIC has not deleted the domain. > >> > >> The domain is active and delegated. > >> > >> > >> > >> > >> With Regards, > >> > >> > >> *Eric M. Ndungu:* > >> *Marketing & Communications Manager* > >> [E] eric(a)kenic.or.ke <paul(a)kenic.or.ke>/[W] www.kenic.or.ke/[TW] > >> twitter.com/kenictld/ [Blog]kenic.or.ke/blog > >> [F] 4450087 /[M] +254 733 790 073, +254 715 275 483/[T] +254 20 > >> 2324686, 4450057/8/ > >> Box 1461 - 00606, Nairobi > >> > >> > >> > >> > >> On Dec 7, 2015, at 4:57 PM, Ali Hussein via kictanet < > >> kictanet(a)lists.kictanet.or.ke> wrote: > >> > >> Listers > >> > >> If this actually happened then it's a shame. KeNIC does need to answer > >> this. > >> > >> Good news though:- > >> > >> isuhuruinkenya.today > >> isuhuruinkenya.com > >> isuhuruinkenya.net > >> isuhuruinkenya.org > >> isuhuruinkenya.in > >> isuhuruinkenya.info > >> isuhuruinkenya.xyz > >> isuhuruinkenya.life > >> etc... > >> > >> Are all available..This site should be back up in a few hours if the > >> owners are willing. > >> > >> Would be interesting to see if these will be snapped up in the next few > >> minutes..:-) > >> > >> We sure are living in interesting times. We have choices. > >> > >> *Ali Hussein* > >> *Principal* > >> *Hussein & Associates* > >> +254 0713 601113 / 0770906375 > >> > >> Twitter: @AliHKassim > >> Skype: abu-jomo > >> LinkedIn: http://ke.linkedin.com/in/alihkassim > >> <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 7 Dec 2015, at 4:34 PM, Sidney Ochieng via kictanet < > >> kictanet(a)lists.kictanet.or.ke> wrote: > >> > >> Well, this isn't a good look. When it when down I thought the owner took > >> it down didn't think to look into it. > >> > >> Kenic has the following questions to answer: > >> 1. Under which law or policy was this done? Provide the court order > >> 2. If it wasn't under those then who's authority? Names and positions > >> 3. What methods exist to challenge such take downs? > >> 4. How is this even legal? > >> > >> Documentation showing such would be appreciated. > >> > >> Finally that the owner of the website needs to go to your offices to > pick > >> up a let is a shame because email. Or is that a tactic to further > >> intimidated the website owner? > >> > >> We should all be especially wary... > >> On 7 Dec 2015 16:17, "James Wamathai via kictanet" < > >> kictanet(a)lists.kictanet.or.ke> wrote: > >> > >>> Hello Listers, > >>> > >>> Isn't this censorship? > >>> http://www.monitor.co.ke/2015/12/07/kenic-shuts-down-a-kenyan-domain/ > >>> > >>> _______________________________________________ > >>> kictanet mailing list > >>> kictanet(a)lists.kictanet.or.ke > >>> https://lists.kictanet.or.ke/mailman/listinfo/kictanet > >>> > >>> Unsubscribe or change your options at > >>> > https://lists.kictanet.or.ke/mailman/options/kictanet/sidney.ochieng%40gmai… > >>> > >>> The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform > >>> for people and institutions interested and involved in ICT policy and > >>> regulation. The network aims to act as a catalyst for reform in the ICT > >>> sector in support of the national aim of ICT enabled growth and > development. > >>> > >>> KICTANetiquette : Adhere to the same standards of acceptable behaviors > >>> online that you follow in real life: respect people's times and > bandwidth, > >>> share knowledge, don't flame or abuse or personalize, respect privacy, > do > >>> not spam, do not market your wares or qualifications. > >>> > >> _______________________________________________ > >> kictanet mailing list > >> kictanet(a)lists.kictanet.or.ke > >> https://lists.kictanet.or.ke/mailman/listinfo/kictanet > >> > >> Unsubscribe or change your options at > >> > https://lists.kictanet.or.ke/mailman/options/kictanet/info%40alyhussein.com > >> > >> The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform > >> for people and institutions interested and involved in ICT policy and > >> regulation. The network aims to act as a catalyst for reform in the ICT > >> sector in support of the national aim of ICT enabled growth and > development. > >> > >> KICTANetiquette : Adhere to the same standards of acceptable behaviors > >> online that you follow in real life: respect people's times and > bandwidth, > >> share knowledge, don't flame or abuse or personalize, respect privacy, > do > >> not spam, do not market your wares or qualifications. > >> > >> _______________________________________________ > >> kictanet mailing list > >> kictanet(a)lists.kictanet.or.ke > >> https://lists.kictanet.or.ke/mailman/listinfo/kictanet > >> > >> Unsubscribe or change your options at > >> > https://lists.kictanet.or.ke/mailman/options/kictanet/eric%40kenic.or.ke > >> > >> The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform > >> for people and institutions interested and involved in ICT policy and > >> regulation. The network aims to act as a catalyst for reform in the ICT > >> sector in support of the national aim of ICT enabled growth and > development. > >> > >> KICTANetiquette : Adhere to the same standards of acceptable behaviors > >> online that you follow in real life: respect people's times and > bandwidth, > >> share knowledge, don't flame or abuse or personalize, respect privacy, > do > >> not spam, do not market your wares or qualifications. > >> > >> > >> > >> _______________________________________________ > >> kictanet mailing list > >> kictanet(a)lists.kictanet.or.ke > >> https://lists.kictanet.or.ke/mailman/listinfo/kictanet > >> > >> Unsubscribe or change your options at > >> > https://lists.kictanet.or.ke/mailman/options/kictanet/sidney.ochieng%40gmai… > >> > >> The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform > >> for people and institutions interested and involved in ICT policy and > >> regulation. The network aims to act as a catalyst for reform in the ICT > >> sector in support of the national aim of ICT enabled growth and > development. > >> > >> KICTANetiquette : Adhere to the same standards of acceptable behaviors > >> online that you follow in real life: respect people's times and > bandwidth, > >> share knowledge, don't flame or abuse or personalize, respect privacy, > do > >> not spam, do not market your wares or qualifications. > >> > > > > _______________________________________________ > > kictanet mailing list > > kictanet(a)lists.kictanet.or.ke > > https://lists.kictanet.or.ke/mailman/listinfo/kictanet > > > > Unsubscribe or change your options at > > > https://lists.kictanet.or.ke/mailman/options/kictanet/kivuva%40transworldaf… > > > > The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform > > for people and institutions interested and involved in ICT policy and > > regulation. The network aims to act as a catalyst for reform in the ICT > > sector in support of the national aim of ICT enabled growth and > development. > > > > KICTANetiquette : Adhere to the same standards of acceptable behaviors > > online that you follow in real life: respect people's times and > bandwidth, > > share knowledge, don't flame or abuse or personalize, respect privacy, do > > not spam, do not market your wares or qualifications. > > >

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Re: [kictanet] kictanet Digest, Vol 103, Issue 40
by James Wamathai 07 Dec '15

07 Dec '15

Owner of the domain + who is on your site says otherwise. https://twitter.com/kipropesque/status/673837559722680320 ----- [image: hapa kenya] <http://www.hapakenya.com> james wamathai / managing editor +254-722 352239/ jw(a)hapakenya.com http://www.hapakenya.com [image: Facebook] <http://facebook.com/uqweli> [image: Twitter] <http://htmlsig.com/#%23%23%23> [image: Google Plus] <https://plus.google.com/+JamesWamathai/> [image: Linkedin] <https://www.linkedin.com/profile/view?id=88118555> [image: Instagram] <http://instagram.com/uqweli> [image: Skype] <http://htmlsig.com/#%23%23%23%23%23> On Mon, Dec 7, 2015 at 5:09 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. Re: KENIC deletes isuhuruinkenya.co.ke domain (Eric Ndungu) > > > ---------------------------------------------------------------------- > > Message: 1 > Date: Mon, 7 Dec 2015 17:06:24 +0300 > From: Eric Ndungu <eric(a)kenic.or.ke> > To: KICTAnet ICT Policy Discussions <kictanet(a)lists.kictanet.or.ke> > Subject: Re: [kictanet] KENIC deletes isuhuruinkenya.co.ke domain > Message-ID: <8034DAD3-5767-4AAC-AB2B-8A18126D80E6(a)kenic.or.ke> > Content-Type: text/plain; charset="utf-8" > > Dear Listers, > > Kindly note that KeNIC has not deleted the domain. > > The domain is active and delegated. > > > > > With Regards, > > > Eric M. Ndungu: > Marketing & Communications Manager > [E] eric(a)kenic.or.ke <mailto:[email protected]>/[W] www.kenic.or.ke < > http://www.kenic.or.ke/>/[TW] twitter.com/kenictld < > http://twitter.com/kenictld>/ [Blog]kenic.or.ke/blog > [F] 4450087 /[M] +254 733 790 073, +254 715 275 483/[T] +254 20 2324686, > 4450057/8/ > Box 1461 - 00606, Nairobi > > > > > > > On Dec 7, 2015, at 4:57 PM, Ali Hussein via kictanet < > kictanet(a)lists.kictanet.or.ke> wrote: > > > > Listers > > > > If this actually happened then it's a shame. KeNIC does need to answer > this. > > > > Good news though:- > > > > isuhuruinkenya.today > > isuhuruinkenya.com <http://isuhuruinkenya.com/> > > isuhuruinkenya.net <http://isuhuruinkenya.net/> > > isuhuruinkenya.org <http://isuhuruinkenya.org/> > > isuhuruinkenya.in > > isuhuruinkenya.info <http://isuhuruinkenya.info/> > > isuhuruinkenya.xyz > > isuhuruinkenya.life > > etc... > > > > Are all available..This site should be back up in a few hours if the > owners are willing. > > > > Would be interesting to see if these will be snapped up in the next few > minutes..:-) > > > > We sure are living in interesting times. We have choices. > > > > Ali Hussein > > Principal > > Hussein & Associates > > +254 0713 601113 / 0770906375 > > > > Twitter: @AliHKassim > > Skype: abu-jomo > > LinkedIn: http://ke.linkedin.com/in/alihkassim < > http://ke.linkedin.com/in/alihkassim> < > http://ke.linkedin.com/in/alihkassim> > > Blog: www.alyhussein.com <http://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 7 Dec 2015, at 4:34 PM, Sidney Ochieng via kictanet < > kictanet(a)lists.kictanet.or.ke <mailto:[email protected]>> > wrote: > > > >> Well, this isn't a good look. When it when down I thought the owner > took it down didn't think to look into it. > >> > >> Kenic has the following questions to answer: > >> 1. Under which law or policy was this done? Provide the court order > >> 2. If it wasn't under those then who's authority? Names and positions > >> 3. What methods exist to challenge such take downs? > >> 4. How is this even legal? > >> > >> Documentation showing such would be appreciated. > >> > >> Finally that the owner of the website needs to go to your offices to > pick up a let is a shame because email. Or is that a tactic to further > intimidated the website owner? > >> > >> We should all be especially wary... > >> On 7 Dec 2015 16:17, "James Wamathai via kictanet" < > kictanet(a)lists.kictanet.or.ke <mailto:[email protected]>> > wrote: > >> Hello Listers, > >> > >> Isn't this censorship? > http://www.monitor.co.ke/2015/12/07/kenic-shuts-down-a-kenyan-domain/ < > http://www.monitor.co.ke/2015/12/07/kenic-shuts-down-a-kenyan-domain/> > >> > >> _______________________________________________ > >> kictanet mailing list > >> kictanet(a)lists.kictanet.or.ke <mailto:[email protected]> > >> https://lists.kictanet.or.ke/mailman/listinfo/kictanet < > https://lists.kictanet.or.ke/mailman/listinfo/kictanet> > >> > >> Unsubscribe or change your options at > https://lists.kictanet.or.ke/mailman/options/kictanet/sidney.ochieng%40gmai… > < > https://lists.kictanet.or.ke/mailman/options/kictanet/sidney.ochieng%40gmai… > > > >> > >> The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform > for people and institutions interested and involved in ICT policy and > regulation. The network aims to act as a catalyst for reform in the ICT > sector in support of the national aim of ICT enabled growth and development. > >> > >> KICTANetiquette : Adhere to the same standards of acceptable behaviors > online that you follow in real life: respect people's times and bandwidth, > share knowledge, don't flame or abuse or personalize, respect privacy, do > not spam, do not market your wares or qualifications. > >> _______________________________________________ > >> kictanet mailing list > >> kictanet(a)lists.kictanet.or.ke <mailto:[email protected]> > >> https://lists.kictanet.or.ke/mailman/listinfo/kictanet < > https://lists.kictanet.or.ke/mailman/listinfo/kictanet> > >> > >> Unsubscribe or change your options at > https://lists.kictanet.or.ke/mailman/options/kictanet/info%40alyhussein.com > < > https://lists.kictanet.or.ke/mailman/options/kictanet/info%40alyhussein.com > > > >> > >> The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform > for people and institutions interested and involved in ICT policy and > regulation. The network aims to act as a catalyst for reform in the ICT > sector in support of the national aim of ICT enabled growth and development. > >> > >> KICTANetiquette : Adhere to the same standards of acceptable behaviors > online that you follow in real life: respect people's times and bandwidth, > share knowledge, don't flame or abuse or personalize, respect privacy, do > not spam, do not market your wares or qualifications. > > _______________________________________________ > > kictanet mailing list > > kictanet(a)lists.kictanet.or.ke > > https://lists.kictanet.or.ke/mailman/listinfo/kictanet > > > > Unsubscribe or change your options at > https://lists.kictanet.or.ke/mailman/options/kictanet/eric%40kenic.or.ke > > > > The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform > for people and institutions interested and involved in ICT policy and > regulation. The network aims to act as a catalyst for reform in the ICT > sector in support of the national aim of ICT enabled growth and development. > > > > KICTANetiquette : Adhere to the same standards of acceptable behaviors > online that you follow in real life: respect people's times and bandwidth, > share knowledge, don't flame or abuse or personalize, respect privacy, do > not spam, do not market your wares or qualifications. > >

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Shared from Twitter: KENIC Confirms Takedown of isUhuruInKenya.co.ke Domain
by Ali Hussein 07 Dec '15

07 Dec '15

Eric Your denial seems to be very much against the sentiments of Kenyans on social media and the Techweez blog. KENIC Confirms Takedown of isUhuruInKenya.co.ke Domain My sense is that this may very well be sensationalization. Maybe someone hacked the site? Be that as it may KeNIC needs to get ahead of this hullabaloo and assure all owners of .ke domains that you have laid down procedures for take down orders etc. My suggestion would be that:- 1. Immediately issue a denial and proof that you guys didn't do this. 2. Engage the community on the procedures of take down. 3. Clearly inform the public what constitutes a take down etc. KeNIC has done well over the last few years and you guys need to be seen as Politically Agnostic. Period. 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

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Fwd: STAKEHOLDERS MEETING INVITATION
by Ali Hussein 07 Dec '15

07 Dec '15

Hi All KPLC is calling a stakeholders’ meeting on how to better connect Kenya. Pleas see attached. Thanks & Regards Ali Hussein ali(a)hussein.me.ke +254 713 601113 Twitter: @AliHKassim Skype: Abu-Jomo LinkedIn: http//ke.linkedin.com/in/alihkassim Blog: www.alyhussein.com > > >

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Fwd: [Internet Policy] CIS's Position on Net Neutrality
by Barrack Otieno 06 Dec '15

06 Dec '15

Quite usefull in light of this weeks discussions. ---------- Forwarded message ---------- From: "Joly MacFie" <joly(a)punkcast.com> Date: Dec 5, 2015 7:36 PM Subject: [Internet Policy] CIS's Position on Net Neutrality To: "internetpolicy(a)elists.isoc.org" <InternetPolicy(a)elists.isoc.org> Cc: Published Dec 4. http://cis-india.org/internet-governance/blog/ciss-position-on-net-neutrali… 1. Net Neutrality violations can potentially have multiple categories of harms —* competition harms, free speech harms, privacy harms, innovation and ‘generativity’ harms, harms to consumer choice and user freedoms, and diversity harms* thanks to unjust discrimination and gatekeeping by Internet service providers. 2. Net Neutrality violations (including some those forms of zero-rating that violate net neutrality) can also have different kinds benefits — enabling the *right to freedom of expression*, and the *freedom of association*, especially when access to communication and publishing technologies is increased; *increased competition*[by enabling product differentiation, can potentially allow small ISPs compete against market incumbents];*increased access* [usually to a subset of the Internet] by those without any access because they cannot afford it, increased access [usually to a subset of the Internet] by those who don't see any value in the Internet,*reduced payments* by those who already have access to the Internet especially if their usage is dominated by certain services and destinations. 3. Given the magnitude and variety of potential harms, *complete forbearance from all regulation is not an option* for regulators nor is self-regulation sufficient to address all the harms emerging from Net Neutrality violations, since incumbent telecom companies cannot be trusted to effectively self-regulate. Therefore, *CIS calls for the immediate formulation of Net Neutrality regulation* by the telecom regulator [TRAI] and the notification thereof by the government [Department of Telecom of the Ministry of Information and Communication Technology]. CIS also calls for the eventual enactment of statutory law on Net Neutrality. All such policy must be developed in a transparent fashion after proper consultation with all relevant stakeholders, and after giving citizens an opportunity to comment on draft regulations. 4. Even though some of these harms may be large, CIS believes that a government cannot apply the precautionary principle in the case of Net Neutrality violations. *Banning technical innovations and business model innovations is not an appropriate policy option. *The regulation must toe a careful line *to solve the optimization problem: *refraining from over-regulation of ISPs and harming innovation at the carrier level (and benefits of net neutrality violations mentioned above) while preventing ISPs from harming innovation and user choice. ISPs must be regulated to limit harms from unjust discrimination towards consumers as well as to limit harms from unjust discrimination towards the services they carry on their networks. 5. Based on regulatory theory, we believe that a regulatory framework that is technologically neutral, that factors in differences in technological context, as well as market realities and existing regulation, and which is able to respond to new evidence is what is ideal. This means that we need a framework that has some bright-line rules based, but which allows for flexibility in determining the scope of exceptions and in the application of the rules. Candidate principles to be embodied in the regulation include: *transparency, non-exclusivity, limiting unjust discrimination*. 6. The *harms emerging from walled gardens can be mitigated in a number of ways*. *On zero-rating the form of regulation must depend on the specific model and the potential harms that result from that model. *Zero-rating can be: paid for by the end consumer or subsidized by ISPs or subsidized by content providers or subsidized by government or a combination of these; deal-based or criteria-based or government-imposed; ISP-imposed or offered by the ISP and chosen by consumers; Transparent and understood by consumers vs. non-transparent; based on content-type or agnostic to content-type; service-specific or service-class/protocol-specific or service-agnostic; available on one ISP or on all ISPs. Zero-rating by a small ISP with 2% penetration will not have the same harms as zero-rating by the largest incumbent ISP. For service-agnostic / content-type agnostic zero-rating, which Mozilla terms ‘*equal rating*’, CIS advocates for* no regulation.* 7. CIS believes that *Net Neutrality regulation for mobile and fixed-line access must be different* recognizing the fundamental differences in technologies. 8. *On specialized services CIS believes that there should be logical separation* and that all details of such specialized services and their impact on the Internet must be made transparent to consumers both individual and institutional, the general public and to the regulator. Further, such services should be available to the user only upon request, and not without their active choice, with the requirement that the service cannot be reasonably provided with ‘best efforts’ delivery guarantee that is available over the Internet, and hence requires discriminatory treatment, or that the discriminatory treatment does not unduly harm the provision of the rest of the Internet to other customers. 9. On incentives for telecom operators, CIS believes that the government should consider different models such as waiving contribution to the Universal Service Obligation Fund for prepaid consumers, and freeing up additional spectrum for telecom use without royalty using a shared spectrum paradigm, as well as freeing up more spectrum for use without a licence. 10. On reasonable network management CIS still does not have a common institutional position. -- --------------------------------------------------------------- Joly MacFie 218 565 9365 Skype:punkcast -------------------------------------------------------------- - _______________________________________________ To manage your ISOC subscriptions or unsubscribe, please log into the ISOC Member Portal: https://portal.isoc.org/ Then choose Interests & Subscriptions from the My Account menu.

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