- KICTANet - KICTANet

Data Privacy Thoughts/Challenges
by S.M. Muraya 21 Nov '18

21 Nov '18

While the EU focuses more on regulation, the USA is much better in growing businesses. Maybe we can learn from US reservations (not just EU regulations :) http://fortune.com/2018/10/23/california-data-privacy-law-gdpr/ California’s New Data Privacy Law Could Begin a Regulatory Disaster By DANNY ALLAN | October 23, 2018 When the European Union adopted the General Data Protection Regulation (GDPR) in 2016, many in the technology industry saw it as just the first of many such data privacy laws to come. They were right. And, as a result, we may be on the brink of a convoluted regulatory disaster. In June, California became the first U.S. state to pass its own data privacy law, the California Consumer Privacy Act. When it goes into effect on Jan. 1, 2020, the act will provide the state’s 40 million residents with rights similar to those granted to European citizens through the GDPR. The hastily approved act gives all California residents the right to see what personal information is being collected by businesses and to request that this data be deleted. They will also be able to discover whether organizations are selling their information to third parties, such as advertisers, and to request those organizations stop doing so. It will be the most comprehensive data privacy law in the country. That said, while the GDPR was criticized for being too ambiguous, it looks downright hyper-specific in comparison to the California law. For example, thanks to some loose categorization of businesses to which the act applies, it has the potential to include not just organizations that sell individuals’ data for financial gain, but also websites that collect IP addresses from millions of unique visitors per day. In 2017 alone, over 1.9 billion files were leaked through security breaches. After the California Consumer Privacy Act comes into force, organizations mishandling data could be fined up to $7,500 for each violation. The financial impact to businesses could be enormous—and that doesn’t even take into account the soft costs associated with loss of customer and employee confidence and damage to brand reputation. Data privacy regulation in America is about to become seriously confusing. Since the GDPR came into effect, only some states have expanded their data protection regulations to include breach notification requirements. And state laws governing data breaches vary significantly: Texas imposes civil fines of up to $50,000 per violation, while Georgia imposes no penalty at all. It’s likely that other states will soon pass their own data privacy legislation. Just over half the public (51%) thinks technology companies should be regulated more than they are now, according to a June 2018 report from the Pew Research Center. As security breaches and privacy concerns continue to make headlines, public awareness of and demand for stronger data protection practices are likely to increase. If each state takes on a local approach to data privacy, America will become a patchwork quilt of regulation, making it an extremely challenging place to do business. Imagine having to ensure that datasets with personal information on millions of people comply not just with the GDPR, but also with 50 different and sometimes contradictory policies? As people move from one state to another, presumably the rules regulating their data would also change. How can organizations possibly keep track? This is the stuff CIO nightmares are made of. What we need is common set of rules for everyone, ideally similar to the GDPR’s, which U.S. organizations doing business in the EU are already following. This would minimize the regulatory burden while also providing U.S. citizens with substantial control over their personal information. A discussion draft of a new proposed House law, the Data Acquisition and Technology Accountability and Security Act, would create federal standards for breach notification that would preempt state laws. However, the bill is too focused on notifying customers of data theft, failing to provide them with the more comprehensive rights they need to adequately control their personal data. It will need to be strengthened significantly to meet the privacy demands of U.S. citizens. In any case, Washington needs to act soon. Otherwise, the U.S. may end up with a regulatory scheme that makes GDPR compliance look like a walk in the park. Danny Allan is the vice president of product strategy at Veeam.

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Community Connectivity: Huawei-RuralStar
by WANGARI KABIRU 20 Nov '18

20 Nov '18

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#Trending - Facebook caught sponsoring fake news to discredit critics
by Patrick A. M. Maina 16 Nov '18

16 Nov '18

ICYMI: Tech bombshell of the year (link below). According to the trending NYT article, it looks like Facebook has been caught knowingly weaponizing fake news to try muzzle (by smearing/discrediting) people raising concerns about the proliferation of fake news on its platform and/or to divert meaningful discourse on the topic away from Facebook. Apparently the M.O. even included pandering to racist / white supremacist / hate media channels and narratives? Ok, this stuff only happens in movies. Please say it ain't so fb... Incredibly ironic development, but completely vindicates the growing concerns worldwide about the growing dangers of platform concentration, unregulated market power and unregulated PR/media muscle in giant multinationals. It will be interesting to see whether (and how) the US gov will discipline its misbehaving, but financially lucrative babies. Here's the link... https://www.nytimes.com/2018/11/16/podcasts/the-daily/facebook-zuckerberg-s… Rgds,Patrick.

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Java - what's changing
by Bernard Kioko 16 Nov '18

16 Nov '18

This feels scary.... [image: image.png] -- <https://bernardkioko.com?promo=email_sig&utm_source=product&utm_medium=emai…> Bernard Kioko bernardkioko.com <https://bernardkioko.com?promo=email_sig&utm_source=product&utm_medium=emai…>

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Mobile Operators Sim Toolkit
by Bernard Kioko 15 Nov '18

15 Nov '18

What has been the justification for Kenyan mobile Operators to not open sim toolkit to third party developers and integrators?

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Balancing the #PublicTransport Equation in #Kenya
by Mbugua Njihia 15 Nov '18

15 Nov '18

Here we are again, a declaration given by government leading to yet another crackdown on public service vehicle operatives, the predictable script leads to a revolt by the operators, a disenfranchised commuter base of the walking nation, culminating in a closed door meeting of representatives and finally handshakes that restore service. Rinse repeat on all these good intentions. - http://www.mbuguanjihia.com/business/balancing-the-public-transport-equatio… *Regards,* Mbugua Njihia ᐧ

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Student Success Framework
by wairimu R 15 Nov '18

15 Nov '18

Hello Came along this article & was wondering if Kenyan HEI,s can borrow from it https://www.derby.ac.uk/online/news/university-derby-first-country-sign-adv… Regards Rose On Thursday, November 15, 2018, Bernard Kioko via kictanet < kictanet(a)lists.kictanet.or.ke> wrote: > What has been the justification for Kenyan mobile Operators to not open > sim toolkit to third party developers and integrators? -- Educating the mind without educating the heart is no education at all - Aristotle

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Cheap AI coding labour?
by Wainaina Mungai 15 Nov '18

15 Nov '18

Some developers are raising concerns privately that great initiatives such as Zindi are "cheaply buying AI code" from Africa https://zindi.africa/faq/data_scientists According to them, "Zindi runs high-value expertise programming competitions/ hackathons in Kenya and Nigeria... and demands code in exchange for low pay prizes. It is unfairly low-cost labour for them." See attached. Are their concerns valid?

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African entrepreneurs can lead next decade of creativity
by Eric M K Osiakwan 15 Nov '18

15 Nov '18

http://disrupt-africa.com/2018/11/african-entrepreneurs-can-lead-next-decad… <http://disrupt-africa.com/2018/11/african-entrepreneurs-can-lead-next-decad…> Eric here Eric M.K Osiakwan +233244386792 "Accraboy" 4 Skype @eosiakwan 4 Twitter www.ericosiakwan.com <http://www.ericosiakwan.com/>

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Preparing for the Future of Transportation: Automated Vehicles 3.0 (AV 3.0)
by WANGARI KABIRU 15 Nov '18

15 Nov '18

(Earlier version: Automated Driving Systems2.0: A Vision for Safety in September 2017) https://www.transportation.gov/sites/dot.gov/files/docs/policy-initiatives/… "... Preparing for the Future of Transportation:Automated Vehicles 3.0 (AV 3.0) is anothermilestone in the Department’s developmentof a flexible, responsible approach to aframework for multimodal automation. Itintroduces guiding principles and describesthe Department’s strategy to address existingbarriers to safety innovation and progress. Italso communicates the Department’s agendato the public and stakeholders on importantpolicy issues, and identifies opportunities forcross-modal collaboration..." There might be a few insights of value to the sector to help reduce the struggles and disturbances to the good people in the Kenyan chain from transport-security-mwenyenchi-safety-boda. Not to mention curb loss of one more Kenyan. Be blessed.Regards/Wangari--- Pray God Bless. 2013Wangari circa - "Being of the Light, We are Restored Through Faith in Mind, Body and Spirit; We Manifest The Kingdom of God on Earth".

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KENYA IGF REPORT AND VISUAL COMPILATION
by mwara gichanga 14 Nov '18

14 Nov '18

Apologises listers for the broken link on the KIGF2018 report kindly see attached correct one https://www.kictanet.or.ke/?wpdmpro=kenya-school-of-internet-governance-rep…

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KENYA IGF 2018 REPORT AND VISUAL COMPILATION
by mwara gichanga 14 Nov '18

14 Nov '18

Dear Listers, This year's Kenya Internet Governance Forum conference themed “ICTs for Kenya’s Development: Getting Everyone on Board” aimed to serve as a platform for policy dialogue on issues of Internet governance in Kenya. The theme revolved around: Enhancing Cybersecurity for development ,Harnessing ICTs in Government, Safeguarding Privacy and data and the EU GDPR, Content Regulation on the Internet, Developments in Fintech and E-commerce, Emerging Technologies Trends. Kindly find here the KIGF2018 report For the visual compilation watch on https://www.youtube.com/watch?v=2LUxsA39MGM&t=22s And for other interesting KICTANet publications visit our website at https://www.kictanet.or.ke/?page_id=28883 Have a lovely day

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Crypto-currency & Blockchain Essentials Course at Strathmore University.
by mauxdatabase 13 Nov '18

13 Nov '18

Listers, We are now offering a 5 day Crypto-currency & Blockchain Essentials Course at Strathmore University starting Monday 19th next week in the evenings 6:30 - 8:30PM. Full details here <https://mailchi.mp/bithub/blockchain-essentials-strathmore-university?e=452…> ... This will get you up to speed on matters Blockchain Et cetera Et cetera... PM me for details or queries. Asante, John W Karanja Founder & Advisory Lead BitHub.Africa <http://bithub.africa/>

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Re: [kictanet] [Your thoughts on local Media coverage of Safaricom's massive downtime?] Concentration risks
by Patrick A. M. Maina 12 Nov '18

12 Nov '18

Is our media truly independent, objective and fearless as they claim - especially when it comes to reporting on their most lucrative customers? Compare to the prominence and coverage of reports on Government website downtime, as well as Huduma downtimes for example... My take is, when you have an entity (or group of entities) that the media appears to "fear" or "favor" more than the Government, the potential for impunity and abuse that comes with such power should be of great concern to any regulator. At the very least, it can allow public interest problems (or their impact) to stay under the radar for a long time with a heavy cost to the wider economy. A healthy (and free) media should have well diversified revenue streams such that there is minimum conflict of interest that is potentially attributable to the concentration of market power. Yet another solid reason (imo) for modernization of our anti-trust regulations. ====I wonder if the CCTVs are affected.. hopefully there is a proper continuity plan in place. ====As stated in my earlier email just a few days ago, dominant players should be mandated by law to demonstrate adequate provision for continuity and resiliency across all economic sectors where they are active - with independent audits, certification and testing of their BCP, DRP etc - the frequency of which should be aligned with potential severity of downtimes. ==== Have a great weekend!Patrick. On Saturday, November 10, 2018, 5:39:15 PM GMT+3, Twahir Hussein Kassim via kictanet <kictanet(a)lists.kictanet.or.ke> wrote: Hannington, kindly brief us on the Dadaab example. On Sat, Nov 10, 2018, 12:50 Hannington Oduor via kictanet <kictanet(a)lists.kictanet.or.ke wrote: Dadaab refugee camp has a classic example of such a network and bearing it's location and the regulation, it's a potential data resource area. On Thu, Nov 8, 2018, 16:39 Twahir Hussein Kassim via kictanet <kictanet(a)lists.kictanet.or.ke wrote: Listers, Am looking at rolling out a community network in Kilifi. What are the government regulations on this? CA website is silent on this. Regards,Twahir_______________________________________________ kictanet mailing list kictanet(a)lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/ Domain Registration sponsored by www.eacdirectory.co.ke Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/hanningtondr%40gmail.… 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 Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/ Domain Registration sponsored by www.eacdirectory.co.ke Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/twahir%40hussein.me.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 Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/ Domain Registration sponsored by www.eacdirectory.co.ke Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/pmaina2000%40yahoo.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.

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Government of Kenya Websites
by Lilian Kimeto 10 Nov '18

10 Nov '18

Dear Listers, Please find attached our official statement on the Government of Kenya Websites. . Regards, Lilian Kimeto,MPRSK Manager,Communication ICT Authority Teleposta Towers 12th Floor,Kenyatta Avenue Po Box 27150-00100Nairobi ,Kenya Tel + 254 20 2089061 www.icta.go.ke communications(a)ict.go.ke info(a)ict.go.ke t: ICTAuthorityKE <https://twitter.com/ICTAuthorityKE> f: ICT Authority

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THE ENTERPRENEURS SUMMIT
by tobby bunde 09 Nov '18

09 Nov '18

*Hello Listers, * *I thought this might of interest to some of you.* The Entrepreneurs’ Summit TES, is the largest gathering in the East Africa region for entrepreneurs and only place to celebrate your success and get the insights and inspiration for what’s next from leaders of Africa’s fastest growing companies. The Entrepreneurs Summit features two days of thought-provoking sessions that engage and inspire, leaving you with powerful business insights that will help you increase your momentum and growth. The Summit & Exhibition shall take place at the Radisson Blu, Hotel, in Nairobi from 21st – 22nd November 2018. Entrepreneurs of all stages, business executives, founders, disruptors and VC’s will gather at the inaugural Entrepreneurs Summit forming a distinguished community of innovators and leaders in business. With a wealth of experience covering entrepreneurship, educating and empowering entrepreneurs, Mastery understands what business builders need and what will make them more effective. That’s why we created The entrepreneurs Summit an event that brings together entrepreneurs like you, hungry for the advice, proven strategies, and necessary connections to grow a business. Motivating keynotes and educational panels from the best of the best will leave you inspired in so many ways — and with best practices and insights to take your business further than you ever imagined. The conference will provide business professionals with vital information about the global trends and emerging business approaches through the presentation of proven entrepreneurs and outstanding case studies. This conference encourages all to think outside of the box, challenge the status quo and change the world of business. Register here http://tesinafrica.com/ R <http://tesinafrica.com/>egards Tobby Bunde <https://www.avast.com/sig-email?utm_medium=email&utm_source=link&utm_campai…> Virus-free. www.avast.com <https://www.avast.com/sig-email?utm_medium=email&utm_source=link&utm_campai…> <#DAB4FAD8-2DD7-40BB-A1B8-4E2AA1F9FDF2>

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Fwd: Your confirmation is required to leave the kictanet mailing list
by John Gitau 08 Nov '18

08 Nov '18

Ehh is someone randomly unsubscribing people or its just me someone wants out? ---------- Forwarded message --------- From: < kictanet-confirm+0cc2ed67e5b7b28479589a243b331e354054bbf5(a)lists.kictanet.or.ke > Date: Thu, 8 Nov 2018, 19:44 Subject: Your confirmation is required to leave the kictanet mailing list To: JGitau <jgitau(a)gmail.com> Mailing list removal confirmation notice for mailing list kictanet We have received a request from 197.232.67.178 for the removal of your email address, "jgitau(a)gmail.com" from the kictanet(a)lists.kictanet.or.ke mailing list. To confirm that you want to be removed from this mailing list, simply reply to this message, keeping the Subject: header intact. Or visit this web page: https://lists.kictanet.or.ke/mailman/confirm/kictanet/0cc2ed67e5b7b28479589… Or include the following line -- and only the following line -- in a message to kictanet-request(a)lists.kictanet.or.ke: confirm 0cc2ed67e5b7b28479589a243b331e354054bbf5 Note that simply sending a `reply' to this message should work from most mail readers, since that usually leaves the Subject: line in the right form (additional "Re:" text in the Subject: is okay). If you do not wish to be removed from this list, please simply disregard this message. If you think you are being maliciously removed from the list, or have any other questions, send them to kictanet-owner(a)lists.kictanet.or.ke.

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Fwd: [Internet Policy] Role of governments in cybersecurity
by Barrack Otieno 08 Nov '18

08 Nov '18

Listers, Might be of interest. Regards ---------- Forwarded message --------- From: Richard Hill <rhill(a)hill-a.ch> Date: Thu, Nov 8, 2018 at 10:43 AM Subject: [Internet Policy] Role of governments in cybersecurity To: Internetpolicy@Elists. Isoc. Org <internetpolicy(a)elists.isoc.org> This EU report well explains the traditional role of governments with respect to ensuring safety and security, and how that role might be mapped to modern ICTs: https://publications.europa.eu/en/publication-detail/-/publication/80bb1618… I cite below from the Introduction. Best, Richard ==================== Governments have long had an important role in maximising social welfare by regulating safety and security, where private-sector providers do not have the incentives to do this properly. The motor industry spent many decades competing to decorate cars with chromium rather than fit them with seat belts, until the Product Liability Directive, mandatory safety testing and the provision of crashworthiness information moved them in a more wholesome direction. The regulation of drugs has moved us from the Wild West of nineteenth-century patent medicines to modern standards of safety and efficacy assessed by randomised controlled trials (the safety of medical devices lags somewhat behind). Regulation also plays a key role in consumer confidence; financial regulation and deposit guarantees enable consumers to trust the banking industry despite occasional crises. The last twenty years have seen the Internet becoming the main vehicle for interpersonal communication and for financial services, as well as a key medium for entertainment, advertising and shopping. The next twenty will see computer-mediated communications embedded invisibly everywhere, from cars and domestic appliances to industrial control systems and medical devices. Large areas of regulation will have to be revisited as the dependability – the safety and security – of computer and communications systems becomes critical to the safety of vehicles, medical devices, and in fact the whole infrastructure on which our societies depend. Indeed, in many languages, ‘safety’ and ‘security’ are the same word (Sicherheit, sûureté, seguridad, sicurezza, trygghet, ... ). ... What should this regulatory framework look like a decade from now? Will cybersecurity require a powerful, cross-domain regulator; or will each sector regulator acquire a cell of cybersecurity expertise; or will it be some mixture of general and sectoral approaches; or will we need to develop something else entirely? ... The goals and mission of a cybersecurity regulator may therefore be some mix of the following: 1. Ascertaining and agreeing protection goals 2. Setting standards 3. Certifying standards achievement and enforcing compliance 4. Reducing vulnerabilities 5. Reducing compromises 6. Reducing system externalities _______________________________________________ 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. -- Barrack O. Otieno +254721325277 +254733206359 Skype: barrack.otieno PGP ID: 0x2611D86A

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IGF 2018 Paris, France - Attendee Information
by Michael ILISHEBO 08 Nov '18

08 Nov '18

Dear All, I would be gratefull if you could distribute the flowing message about badge pick-up. Please find below the location and opening hours for badge pick up at UNESCO HQ. We highly recommend that you pick up your badges as early as possible. Badges can be picked up at the 125 Avenue de Suffren entrance at the following time Friday 9th, 10am to 6pm Saturday 10th, 9am to 6pm Sunday 11th, 3pm to 6pm Monday 12, 7.30am to 9pm Tuesday 13th, from 8am Wednesday 14th, from 8am. For participants who have not registered Registration can be done at the following times and places At 125 Avenue de Suffren entrance : Friday 9th, 10am to 6pm Saturday 10th, 9am to 6pm Sunday 11th, 3pm to 6pm At the 7 Place Fontenoy entrance: Monday 12, 7.30am to 9pm Tuesday 13th, from 8am Wednesday 14th, from 8am. Kindly note following registration at 7 Place Fontenoy, entry will occur at 125 Avenue de Suffren. Please bring valid ID. For VIPs and Media: At 125 Avenue de Suffren: Friday 9th, 10am to 6pm Saturday 10th, 9am to 6pm Sunday 11th, 3pm to 6pm At 7 Place Fontenoy Monday 12, 7.30am to 9pm Tuesday 13th, from 8am Wednesday 14th, from 8am. Please bring valid ID and press accreditation.

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Good Time To Reap: The Co-entrepreneur Investor Model is Still A Model for Angels
by WANGARI KABIRU 08 Nov '18

08 Nov '18

http://ventureburn.com/2018/11/silvertree-majority-stakes-founders-concerne… In August Koser told Ventureburn that Silvertree looks to take a stake of 30% to 90% in those companies it invests in, with the view of eventually increasing this to 100% (shareholders he adds, will still enjoy “minority rights”). He calls his investment company’s approach one of fostering “co-entrepreneurs”. However Marx this week said he and his co-founders were made to feel like employees, rather than “co-entrepreneurs”. He said a key disagreement was over the business model – with Marx and his fellow co-founders wanting to focus more on generating revenue from the web platform itself, and Silvertree wanting to shift the focus to the brokerage linked to the startup, that provided clients with insurance quotes. The three in August last year founded MoneyPanda, which essentially offers the same thing that CompareGuru does......Torr says in addition he has separate business interest with Koser. It could be why he’s smiling. Or, because he had Silvertree remove a clause from the contract he and Verster Cohen signed when the investor approached UCook to invest in the business. He says Silvertree initially wanted to add a clause to the investment contact, stating that the investor aims to take a majority stake in those it invest in, within a short period of time. Be blessed.Regards/Wangari --- Pray God Bless. 2013Wangari circa - "Being of the Light, We are Restored Through Faith in Mind, Body and Spirit; We Manifest The Kingdom of God on Earth".

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Re: [kictanet] Telcos regulator seeks to monitor WhatsApp + Plenipot Issues (Kenya's Position)
by Barrack Otieno 08 Nov '18

08 Nov '18

Greetings Mr. Wambua, Many thanks for your prompt and elaborate responses as always. Permit me to behave like a mosquito and ask another question before we put the matter to rest. I was chatting with a friend who passed by the Plenipot in Dubai. I understand African Governments are unanimous about the need to regulate the Internet and are making arrangements to conduct similar studies, is this a correct position?. What is Kenya's position on Internet Regulation once again has it changed? Congratulations to the Kenyan delegation for bagging another chance to seat on the ITU Council. Best Regards On 11/2/18, Wambua, Christopher via kictanet <kictanet(a)lists.kictanet.or.ke> wrote: > Listers > > For purposes of clarity on the objects of the tender in question, I wish to > refer listers to the public tender document which is available on CA’s > website at > https://ca.go.ke/wp-content/uploads/2018/10/Consultancy-Services-For-The-St… > > In brief, the Authority, under its strategic objective of enabling > widespread deployment of infrastructure and services through promotion of > new and emerging technologies, plans to undertake a study to determine the > regulatory mechanisms that can be employed to cater for new and emerging > areas with specific focus on over the top services. The consultant shall be > expected to propose the regulatory approach that the Authority can take in > respect to OTTs. CA takes this opportunity to invite listers who meet the > requirements set out in the tender documents to submit their bids by 14th > November 2018. > > CA wishes to assure listers that we have not interest whatsoever in snooping > into your WhatsApp conversations as that would be against the spirit and > letter of the constitution. We have however noted that the headlines on the > articles on this tender are misleading, and the Authority is taking up this > matter with the respective editors. > > I hope this clarification puts this matter to rest. > > Regards > > > > > Christopher Wambua > > Ag. Director/Consumer & Public Affairs | Consumer and Public Affairs > > [Description: Description: > http://digital.scanad.com/casignature/img/logo.png] > > Tel: +254 20 4242000/284 > Office Mobile: +254 730 042284/ > +254 730172284 > > P.O. Box 14448 Nairobi 00800 > > > [Description: Description: > http://digital.scanad.com/casignature/img/mail.png]wambua@ca.go.ke > [Description: Description: > http://digital.scanad.com/casignature/img/facebook.png] Communications > Authority of Kenya<https://www.facebook.com/CAOKenya?ref=hl> [Description: > Description: http://digital.scanad.com/casignature/img/twitter.png] ca_kenya > <https://twitter.com/CA_Kenya> [Description: Description: > http://digital.scanad.com/casignature/img/web.png] www.ca.go.ke > <http://www.ca.go.ke/> > > [Description: Description: http://digital.scanad.com/signature/banner.jpg] > > > > > From: kictanet > <kictanet-bounces+wambua=ca.go.ke(a)lists.kictanet.or.ke<mailto:kictanet-bounces+wambua=ca.go.ke@lists.kictanet.or.ke>> > on behalf of KICTAnet Discussions > <kictanet(a)lists.kictanet.or.ke<mailto:kictanet@lists.kictanet.or.ke>> > Reply-To: KICTAnet Discussions > <kictanet(a)lists.kictanet.or.ke<mailto:kictanet@lists.kictanet.or.ke>> > Date: Friday, 2 November 2018 at 05:07 > To: Christopher Wambua <wambua(a)ca.go.ke<mailto:wambua@ca.go.ke>> > Cc: Ali Hussein <ali(a)hussein.me.ke<mailto:ali@hussein.me.ke>> > Subject: Re: [kictanet] Telcos regulator seeks to monitor WhatsApp > > @GG > > Thanks for sharing. I’m curious as to what the world is coming to. Everyone > wants to snoop and regulate. Can the CA tell us what’s the major value > proposition to increasing snooping on us? > > Regulators need to spend more time enabling the sector they are supposed to > grow and the CA has really been progressive in many ways. Once in a while > though they try to go back to the bad old KANU days. The onus is on us to > remind them that Kenyans shut that door kitambo sana. > > Ali Hussein > Principal > AHK & Associates > +254 0713 601113 > > > Twitter: @AliHKassim > > Skype: abu-jomo > > LinkedIn: http://ke.linkedin.com/in/alihkassim > > "We are what we repeatedly do. Excellence, therefore, is not an act but a > habit." ~ Aristotle > > > Sent from my iPad > > On 1 Nov 2018, at 10:57 PM, Grace Githaiga via kictanet > <kictanet(a)lists.kictanet.or.ke<mailto:kictanet@lists.kictanet.or.ke>> > wrote: > > > Kenya is considering regulating online services such as WhatsApp and Skype > in a radical move that could force the internet-based service providers to > share data with the government. > > The Communications Authority of Kenya (CA) is in search of a consultant to > study and determine how the so-called over-the-top services (OTTS) operated > by groups such as Facebook, which runs WhatsApp, and Skype owner Microsoft, > could be regulated. > > Read on: > https://www.nation.co.ke/business/Telcos-regulator-seeks-to-monitor-WhatsAp… > > > > > > Best regards > > > Githaiga, Grace > > > Co-Convenor > Kenya ICT Action Network (KICTANet) > Twitter:@ggithaiga > Tel: 254722701495 > Skype: gracegithaiga > Alternate email: ggithaiga(a)hotmail.com<mailto:ggithaiga@hotmail.com> > Linkedin: https://www.linkedin.com/in/gracegithaiga > www.kictanet.or.ke<http://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. > > _______________________________________________ > kictanet mailing list > kictanet(a)lists.kictanet.or.ke<mailto:kictanet@lists.kictanet.or.ke> > https://lists.kictanet.or.ke/mailman/listinfo/kictanet > Twitter: http://twitter.com/kictanet > Facebook: https://www.facebook.com/KICTANet/ > Domain Registration sponsored by > www.eacdirectory.co.ke<http://www.eacdirectory.co.ke> > > 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. > -- Barrack O. Otieno +254721325277 +254733206359 Skype: barrack.otieno PGP ID: 0x2611D86A

8 17

Fwd: [Internet Policy] Role of governments in cybersecurity
by Wainaina Mungai 08 Nov '18

08 Nov '18

1 0

Re: [kictanet] [Singapore] Telcos regulator seeks to monitor WhatsApp
by Patrick A. M. Maina 08 Nov '18

08 Nov '18

Morning Ali, Today's big tech were yesterday's startups who benefitted from preferential competition regulations that protected them from being crushed by the giants of that period or at least allowed them to grab a solid marketshare through some limited exclusivity arrangement. Research any monopolistic big tech and you will likely find a string of affirmative actions by its Government during its early stages of growth. As a young startup, Microsoft reportedly benefitted from regulations that clipped IBM's powers; then it grew too powerful and was perceived to be hindering innovation leading to anti-trust regulations against it, that are believed to have paved way for the FANG quintet (among others)... Now the FANGs are too powerful (and no longer as innovative) so there is talk of clipping them to pave way for a new wave of innovative technologies. That is how you maximize innovation ecosystems and technological progress. Darlings evolve from tiny vulnerable babies to giant elephants, then become *dinosaurs* and if they are allowed to maintain status quo, they crush innovators leading to slow down of progress and a steady loss of competitive advantage for the host country (in our case, Kenya). By creating space for new generations of startups to thrive - governments facilitate the next wave of tech revolution / transformation. For example, no matter how well Safaricom, a telcomms pipe tech expert, claims to know eCommerce, music, agriculture, or health, or edu, or security, or social, or TV, you can bet there is a laser focused local start-up with *far better* technical ability and insights that has been pushed out of that space due to sheer resource and market power imbalance. This is how innovation is being stifled in Kenya. Safaricom easily leverages its subscriber/agency/marketing network for example to quickly dominate a space. But this is not a good thing because its a *blocking* move by a dinosaur that fears innovation, rather than a transformation move IMO. An established player cannot have the same level of hunger, passion, agility and insights in *multiple* sectors compared to a young startup dedicated to that sector. This argument holds anywhere, including in advanced economies. Some links: https://qz.com/1317231/what-the-microsoft-antitrust-case-can-teach-us-about… https://www.forbes.com/sites/forbestechcouncil/2018/08/09/why-innovation-an… https://www.bloomberg.com/amp/opinion/articles/2018-03-23/regulating-facebo… Enjoy your day.Patrick. On Wednesday, November 7, 2018, 6:37:51 AM GMT+3, Ali Hussein <ali(a)hussein.me.ke> wrote: Patrick Something we agree on! :-) Completely with you on the China, US comparison on Internet Freedoms and subversion. On the issue of #BigTech. I'm conflicted. Here's my take:- 1. When these giants were in their infancy we celebrated them. They offered us something that was outside our reach - Internet Tools that we use now - email, search, networking at scale (facebook, Linkedin etc), cloud storage etc literally for free. Did we not think that at some point that the Pied Piper will come calling to collect? 2. The Global Tech Ecosystem probably won't exist as we know it today if it weren't for the dirt cheap, Pay As You Go models of cloud computing, pioneered by Amazon and copied by almost all the the big tech companies today. What would the alternative be? I know for a fact that a number of startups I'm involved in wont be in existence or we at least won't be plotting Global Dominance if it weren't for this infrastructure. 3. Lastly, why are we abrogating the role of regulators in keeping everyone honest and fair. What can we do to ensure we don't throw the baby with the bath water? Regards AliHussein Principal AHK & Associates Tel: +254 713 601113 Twitter: @AliHKassim Skype: abu-jomo LinkedIn: 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 Wed, Nov 7, 2018 at 3:33 AM Patrick A. M. Maina via kictanet <kictanet(a)lists.kictanet.or.ke> wrote: Bhaves, that is an obvious propaganda piece because it contains distorted half truths, lopsided PoV pushing, innuendo, exaggerations, unwarranted speculations and so forth. Not worth the time spent reading it. Not to mention that the US and china are in the middle of a dominance battle (and have been ideological opponents for ages). Ideologically loaded debates are like debates between different religions on the "true way". Positions are deeply entrenched. Lines between facts and belief are nonexistent. Approach is zero sum. Even intellectuals struggle with ideological arguments (unaware of their own bias blind spots). Have you heard of the NSA and the chaos that it has brought into global cyberspace over the last 10 years? Google/Bing/Yandex it! The only difference between US and China in cyberspace is that the former subverts internet freedoms *covertly* (and very effectively) using sophisticated backdoors, trojans etc, because the local laws don't allow, whereas the latter (China) operates within a legal framework and acts in the open in the interests of its own people and ideology. Because no one knows exactly how far/deep the NSA goes, they have a stronger propaganda position, except when they make a mistake.. then people start to wonder (see link). https://www.politico.com/story/2017/05/15/global-cyberattack-nsa-238412 The US also has a very well coordinated mainstream media that is fiercely committed to its elite's ideology and highly propaganda savvy. Its literally an information warfare army that has been accused many times of brainwashing not just the world, but US citizens as well. Very impressive and amazingly effective. Impossible to debate propaganda. I give up. :-D On Tuesday, November 6, 2018, 9:00:56 PM GMT+3, Bhaves Shah <bhaves.shah(a)jabjabgroup.com> wrote: Something of interest - https://qz.com/africa/1447015/china-is-helping-african-countries-control-th… Cheers!Bhaves On 6 Nov 2018, at 7:52 PM, Patrick A. M. Maina <pmaina2000(a)yahoo.com> wrote: Thanks for the heads-up Bhaves. This is very interesting and confirms that social media misuse is indeed a global problem (even for advanced economies). Have a great evening! On Tuesday, November 6, 2018, 6:54:37 PM GMT+3, Bhaves Shah <bhaves.shah(a)jabjabgroup.com> wrote: Patrick: Your arguments are good and I do respect them, any maybe even Singapore government is listening to you when thwarting fake news - https://www.straitstimes.com/singapore/select-committee-releases-22-proposa… Bhaves ShahFounder-CEOJabJab Group Ltd+254 707 306639website - www.jabjabgroup.com twitter - https://twitter.com/jabjabgroupfacebook - https://www.facebook.com/jabjabgroup/ On Tue, Nov 6, 2018 at 6:42 PM Bhaves Shah <bhaves.shah(a)jabjabgroup.com> wrote: Patrick: This is my personal opinion, so when I am referring to your point being moot it is my own opinion, however it does not mean that my opinion is the only out there, everyone is there contribute. As for answering your questions see below: 1. The scope is social media apps like Facebook, Whatsapp and Telegram that have been associated with facilitating crime or chaos due to the way they have been designed. Are these apps irreplaceable (e.g. by local legally compliant copycats)? Why?Firstly, technology is about evolution and these apps have evolved. It is not the apps that are creating the content, these are platforms where people are free to create the content, however as the apps have become large scale the issues related to facilitate crime or chaos has also evolved, but in the same manner the ecosystem will also thrive to safeguard with new innovations from abuse. The biggest culprits of the abuse is always governments itself. There is something called choice, no one has imposed these apps on anyone, each individual has a right to use them as they deem fit. However, everyone should know the risks, and that comes through education not government control. 2. Do these apps impose a burden on Government when they are abused? Who should pay for that burden? Why? What burden are your referring to, when national security is at stake, there could be case of such instances, however like I have said these apps have been abused by the same governments to control the masses within the ecosystem. There should be mechanisms or safeguards for abuse, however having full control of such apps and denying citizens to use these platforms for dissemination of information should not be constrained. Are we thriving to become a "police" state where every conversation is looked as a threat to governments. 3. Should they cooperate with Gov to eliminate risks of criminal abuse? If not, why not?Like any legal requirement if there is a criminal element to the dissemination of information, then the burden of proof is for the government to furnish the proof for these companies to comply with the law. However, just by saying "this is a threat" to a government, that does not hold water, the state must prove it's argument, otherwise just as well shut the entire ecosystem, and then deal with the masses and the consequences of free speech. 4. When these apps collect data (resource extraction - just like oil/gold extraction) should a country be compensated? If not, why not?The collection of data happens with every software you use, it is a choice a consumer makes for one to use such an app. The better the informed public is about the data, the better choices one makes. In my opinion parts of GDPR are good for privacy for citizens, and maybe those should be adapted locally if done properly, it should not be a copy and paste exercise. 5. When these apps manipulate people psychologically to promote repeated engagement (thereby distracting local human resources from engaging in local economic activity or reducing productivity) should they pay for that engagement? If not why not? Keep in mind user engagement is a billion dollar 21st century resource!Like any business everything is being manipulated. Look at consumer goods companies that sell their products, there is a form of manipulation going on. For example look at the way the food and beverage companies manipulate people to believing their products are good for health etc when in actual fact they are not good for health. Manipulation of the mind for any product or service is the end game for one to be a customer for that particular product or service - everyone has a choice to make. Its all about education.. 6. Should we mortgage our future by allowing irresponsible apps to use advanced psychology to target juveniles and turn them into screen *addicts* and *narcissists*? If yes, how do we gain from that?There is no one mortgaging the future, we all know that there are good and bad with every product and service, millions of people are being abused even by not using these apps, but using physical goods made by consumer companies. The issue is that technology revolution, innovation and disruption will remain no matter how we look at it, there is nothing going to stop that, but like I said everyone needs to play their part in educating the people of the good and evil...Controls don't achieve anything, it just breeds a behaviour of circumvention especially with the younger generation who are growing up in the era of information and technology. I hope my views are accepted, just as a side note, I am not imposing my beliefs on anyone, everyone has a right to choose and decide, I believe in that freedom of choice, I am of less control, but more education. Bhaves ShahFounder-CEOJabJab Group Ltd+254 707 306639website - www.jabjabgroup.com twitter - https://twitter.com/jabjabgroupfacebook - https://www.facebook.com/jabjabgroup/ On Tue, Nov 6, 2018 at 6:16 PM Patrick A. M. Maina <pmaina2000(a)yahoo.com> wrote: Thanks for your comment Bhaves, Firstly an argument can't be moot just because you say so hehe (on a light note). You are not addressing the specific points that I have raised: Can you address them so that the refutation is clear and on point? 1. The scope is social media apps like Facebook, Whatsapp and Telegram that have been associated with facilitating crime or chaos due to the way they have been designed. Are these apps irreplaceable (e.g. by local legally compliant copycats)? Why? 2. Do these apps impose a burden on Government when they are abused? Who should pay for that burden? Why? 3. Should they cooperate with Gov to eliminate risks of criminal abuse? If not, why not? 4. When these apps collect data (resource extraction - just like oil/gold extraction) should a country be compensated? If not, why not? 5. When these apps manipulate people psychologically to promote repeated engagement (thereby distracting local human resources from engaging in local economic activity or reducing productivity) should they pay for that engagement? If not why not? Keep in mind user engagement is a billion dollar 21st century resource! 6. Should we mortgage our future by allowing irresponsible apps to use advanced psychology to target juveniles and turn them into screen *addicts* and *narcissists*? If yes, how do we gain from that? I'd love to read your specific views on each of these points. Brgds,Patrick. On Tuesday, November 6, 2018, 5:44:35 PM GMT+3, Bhaves Shah <bhaves.shah(a)jabjabgroup.com> wrote: Patrick: Your argument is moot.. A very simple analogy when email was introduced and now used by the entire world - are you taxing email platforms..So why hold the same argument for these OTT applications - why pay for services that the government never invented in the first place.. The basic premise is that without technology disruption our society will never advance and governments are the worst culprits of such hindrance to society’s advancement in this world.. Governments love to control and that fact alone is a motivator to circumvent such an ecosystem..The premise of human advancement is adapting to new revolutions and disruptions.. Governments should not hinder progress and when it comes to collecting revenues from so called innovators and disruptors then bring such companies to Kenya to set up base and provide them with incentives and ask them to employ Kenyan citizens etc - drive such an encouragement with finding suitable models for advancement of societies.. Taxation is just a cheap way of protectionism - it does not work..It impedes human progress.. Cheers!Bhaves On 6 Nov 2018, at 5:18 PM, Patrick A. M. Maina via kictanet <kictanet(a)lists.kictanet.or.ke> wrote: OK I'm back (briefly). Thanks for your points Mr. Okobi, Actually the only difference between "taxes" and "fines" is the definition. Taxes can be based on anything - not just earnings. Example: What is VAT? A tax on consumption! Why should you pay extra tax on consumption after you have already been taxed on income? Does that make sense? Is that not fining or penalizing people for enjoying their *already taxed* money? Another example: why tax food or books? These are essential must-have items. I should not be taxed to eat or educate my kids. Isn't that not a form of "existence tax"? What about tax on sanitary pads? Is that not discriminating against girls (they end up paying more taxes than boys because its a gender-specific essential purchase). Why tax people for keeping clean babies (diaper tax)? Why tax people for going to work (fuel VAT)? etc etc. I'd love to hear your views about the rationality of these taxes. Oh, btw, even the fines one pays in court are a form of compliance/obedience tax. Those who follow the rules pay less taxes (thus encouraging compliance). Anyway, lets not get stuck on definitions but I'd urge you to read some good books on taxation & economics to get a grip of this. Okay, who has said anything about taxing "online services" or "all online services"? That is a strawman argument that diverts attention from the real issue. I am only talking about online apps with high potential for *abuse at scale*, which imposes a heavy cost burden on Governments and/or society (e.g. Facebook, Whatsapp, Telegram etc). These apps (and their problematic architectures) are well known and Governments worldwide are scrambling to find solutions to the problems that they have enabled/amplified by design. Why should Kenyan taxpayers *subsidize* the fixing of costly problems caused/facilitated/amplified by these foreign billion dollar apps who don't contribute their share of taxes locally or accept their share of responsibility? This is a form of reverse taxation where our Government is effectively "paying" taxes to Facebook and Whatsapp! Tobacco analogy might help elucidate the issue: When tax funds are spent on lung cancer treatment for cigarette smokers, isn't that a subsidy paid by taxpayers - including non-smokers, to Tobacco companies? Looks like a no-brainer nowadays but it took a while (and similar debates) for Tobacco companies to accept because it takes decades for lung cancer to form. Many even paid for fake scientific studies to disprove claims that Tobacco smoking is harmful. Very similar to what some notorious data aggregating multinationals have been accused of doing. Glad that you accept that there is indeed a cost burden for Government (and society) from fake news that is amplified by these social media platforms like Facebook and whatsapp. At least we have a common understanding that there is a real problem. Is there data? Yes, the data does exist which directly associates these apps (e.g. Whatsapp & facebook) to crime, addiction, subversion, mob violence and deaths. See my earlier post on this with several links. Why are we so attached to these apps? How many jobs do they create here? How do we benefit from them such that they are not irreplaceable by local clones? Perhaps that is the question that we should be asking. The 21st Century tax innovations that I am proposing may be difficult to grasp because they does not yet exist and require a non-traditional view of how businesses operate (especially those based on the Silicon Valley VC and Data Mining model). But that is where the world is heading. Citizens data is a national product. Should off-shore data aggregation / mining multinationals get it for free? Should they be allowed to manipulate/brainwash us or our children - in order to monetize the ensuing engagement - and then let us bear whatever consequences that ensue downstream? Should they be allowed to facilitate the spread of disinformation by design - even with the risk of causing harm or deaths to innocent victims? Should they impose new/heavier cost burdens on governments. Should they be allowed to facilitate and protect criminals by design? These are 21st century issues that didn't even exist 10 years ago. They require 21st century thinking and solutions. Cheers & have a great evening!Patrick. On Tuesday, November 6, 2018, 3:47:48 PM GMT+3, Ebele Okobi <ebeleokobi(a)fb.com> wrote: If your model is not revenue based, then what you are talking about is not a tax, it’s a fine. I’m curious as to what data you are using to determine that online services are “net negative”? Is this your assessment for Kenya specifically, or is your contention that globally, all online services provide net negative value to the world? There are multiple studies on the economic and social benefit of online services, so I am quite interested in learning of those which substantiate the net negative claim. Also, is this specific to Facebook products, or all online services, including those created by Kenyans? And would this tax regime be a global tax-in other words, should it also apply to Kenyan companies operating globally? For example, for those on this list with Kenyan companies offering online services, should this tax regime apply to them in Kenya? Should, for ex., Uganda apply a similar regime for Kenyan companies offering online services there? In terms of the metrics you propose-Facebook is a public company, as are many companies offering online services. What is the relevance of funds raised in this context? In addition-valuation for a public company is a completely different metric than funds raised-curious as to how this would be made predictable, given that a good environment for economic growth depends to a great extent on a rationalized policy and regulatory environment? As for the security issues-i have acknowledged previously the challenges and there, and there is excellent opportunity for collective thinking on how to deal with platforms that are a mirror of the divisions and risks in societies (which we are doing!) but nothing recommended below addresses or mitigates any of those risks. I am mindful that the most violent periods politically in Kenya predated Facebook and WhatsApp, so the notion that these platforms cause violence, or that taxing them would remove security risk is unsupported by any data whatsoever. On Nov 6, 2018, at 12:12 PM, Patrick A. M. Maina <pmaina2000(a)yahoo.com> wrote: Whatsapp is not monetised and does not derive any revenue from anywhere yet (this will change next year). This should have no bearing at all on whether Whatsapp should be taxed or not. It is a billion dollar multinational company operating on a non-traditional business model. This means that it is our tax regulations which need to be *modernized* to rope in 21st century global business models that add a local cost burden on the government (e.g. increasing costs of security, turning kids into narcissistic screen zombies - with resulting impact on learning and metal health etc) yet do not contribute to the local kitty - which is unfair considering that they are *billion dollar* companies. To put it differently, any shilling that Government spends to mitigate the risks of fake news in whatsapp or Facebook (e.g. buying ads to push correct position) is a subsidy paid to Facebook and Whatsapp. This is money that could have gone to health sector to buy medicine, sanitation for clean water or agriculture for food security. Instead it goes to fix a problem created by an entity that has net negative value to the economy. Not all innovation is good or beneficial! How to tax Silicon valley business models: Use the same metrics investors use:1. Estimated number of users / downloads2. Risk / benefit factor (e.g. security risks or impact on jobs/wages)3. Valuation (funds raised) Silicon valley companies are designed to make losses for decades even as they move massive amounts of money (literally avoiding taxes by exploiting obsolete legislation). The real business they are in is the fundraising business but that is under the tax radar. Signing off. Will check back later for updates. Patrick On Tuesday, November 6, 2018, 2:45:18 PM GMT+3, Ebele Okobi via kictanet <kictanet(a)lists.kictanet.or.ke> wrote: This is a fascinating and very timely conversation. As I’m sure all can imagine, I have many thoughts. 😁I do have a question, first-how much revenue does WhatsApp derive from Kenya? On Nov 6, 2018, at 7:45 AM, evelyne wanjiku via kictanet <kictanet(a)lists.kictanet.or.ke> wrote: Dear All, In suppport of Mr. Patrick Mainas Maina's input. The government needs to consider taxing the platforms. This is because they make money from us trade in our data and the revenue genereted benefits their countries and not ours given that they do not pay taxes here. This has been considered in Europe. In africa however, no country can apply this taxes on its own due to our 'economically colonised' position our countries find ourselves in. This means that the easiest option for our government becomes the easy route which is taxing the end user. This is counterproductive especially for those who use social media for productive activities. Therefore only a united african front would be succesful in getting these giants to pay up and keep our governments from considering taxing citizens. It is also important to consider that calls made on whatsapp, skype,viber cost less. This means that there is revenue reduction for the companies providing voice services. Considering that these companies are locally based and pay taxes to our government, why should their revenue be reduced by services that do not pay taxes to us? I suppose this is the logic used by countries like the UAE that block the use of whatsapp to make calls whithin their borders. As for the ability of whatsapp to cause chaos, this is true and has been proven and whatsapp itself has acknowlegded this fact in countries like India and Pakistan. These are countries where fake news and inflammatory messages delivered mainly through whatsapp have led to chaos that have led to deaths of many people. Whatsapp has responded by putting in measures to ensure that such spread of hate news can be controlled from their end. Whatsapp also remains open open to suggestions as to how this can be contolled and is actively leading research in this area. The question therefore should be, should we leave Whatsapp to be in charge of what is transfered on their platform and the consequences that follow? Should government have a role in monitoring how whatsapp is being used for harmful activities. Overall what is the role of government and the various platforms in ensuring this platform and others are used responsibly? Good day to all On Tuesday, November 6, 2018, 3:44:22 AM GMT+3, Francis Monyango via kictanet <kictanet(a)lists.kictanet.or.ke> wrote: Morning Mr Patrick Maina, You mention how messaging apps facilitate fake news, crime and other things. You also lay peace,development on a scale versus human rights such as free speech and privacy. Sir, it is good to be objective and factual. Last year Kenya had 10 months of hot politics. Research shows that the Kenyan authorities did not attempt to control, disrupt or shutdown the internet. Hence this tired line of the country going into flames because of the internet (messaging apps) doesn't hold any weight. The number of Kenyan users of these messaging apps and other factors such as social class of users, bots affect the impact of the internet in democratic transitions. The broadcast media shut down in January should tell which communication medium has more impact on the Kenyan society. 😉 I believe your intention was to state why companies that offer over the top services should pay taxes here. That is a different argument all together with a different set of facts unless you are advocating for a blanket over the top tax to be paid by users to avoid 'spread of gossip and lies' just like in Uganda. On Fri, 2 Nov 2018, 13:26 Patrick A. M. Maina via kictanet, <kictanet(a)lists.kictanet.or.ke> wrote: These messaging apps facilitate fake news, crime, foreign meddling (to subvert democracy), brainwashing and hate speech on a massive scale. We know this for a fact. So as citizens and stakeholders in our country, we need to ask: what do we value more, is it things that improve peace, stability, economic development and democracy, OR, is it some utopian, unbounded notion of free speech and privacy that is disconnected from our contextual reality (e.g. protects criminals, malicious defamers and violence mongers in equal proportion as law abiding citizens)? The companies running these uncontrolled messaging platforms will not be impacted if our country goes up in flames. They cost governments tons of money in maintaining internal security (especially during democratic transitions - sometimes to existential levels) yet they don't pay any taxes... and mark you, they are *billion dollar* companies! This also means that funds that ought to have bought, say, medicine to save lives gets diverted to fix an *imported problem* with no path to holding the parent company accountable for damage caused. Gok needs to modernize our tax laws, which currently are based on the traditional "for profit" enterprise model and thus out of touch with Silicon Valley's "make losses by design" model. The basic assumption that entrepreneurship is a profit oriented endeavour does not hold for Silicon Valley VC subsidized companies. They are designed to operate as loss makers for decades (but still move *massive* amounts of financial resources at massive scale). This has the technical effect of *tax avoidance* because massive profits *are* still being made by the offshore VCs - which denies governments billions in taxes (despite imposing local burdens as illustrated above). A smart government would create modernized laws to tax VC funded Silicon Valley companies e.g. on the basis of *funding rounds* and *valuations* because this is their *real* business i.e. its how the investors intend to make money from day one - and the primary reason they push for perpetual losses! There should also be a turnover tax and VAT on online revenue earned in Kenya by foreign billion dollar internet companies (e.g. advertisement revenue and appstore revenue), to level the tax playing field for local businesses. Similar to what other countries like the UK are working on: https://www.wired.co.uk/article/facebook-uk-tax-bill CA will obviously have a hard time monitoring and enforcing though, under the current traditional framework due to technical barriers (e.g. encryption) and also due to jurisdictional challenges. So the other thing that CA really needs to do once the rules are set is to consider blocking non-compliant foreign apps completely at ISP level (especially now that political temperatures are cool and people and thinking clearly). Lets have local startups filling any gaps with copycat apps China-style. To be clear, I support free speech and privacy. But I also support peace, stability, safe neighbourhoods, democracy, sovereignty and economic predictability! A delicate balance is needed to maximise the rights of law abiding citizens while minimising the ability of those with evil intent to exploit basic rights in order to harm the innocent. Good day.Patrick. On Thursday, November 1, 2018, 11:00:44 PM GMT+3, Grace Githaiga via kictanet <kictanet(a)lists.kictanet.or.ke> wrote: Kenya is considering regulating online services such as WhatsApp and Skype in a radical move that could force the internet-based service providers to share data with the government. The Communications Authority of Kenya (CA) is in search of a consultant to study and determine how the so-called over-the-top services (OTTS) operated by groups such as Facebook, which runs WhatsApp, and Skype owner Microsoft, could be regulated. Read on:https://www.nation.co.ke/business/Telcos-regulator-seeks-to-monitor-WhatsApp/996-4833020-fn9u7s/index.html 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. _______________________________________________ kictanet mailing list kictanet(a)lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/ Domain Registration sponsored by www.eacdirectory.co.ke Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/pmaina2000%40yahoo.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. 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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://urldefense.proofpoint.com/v2/url?u=https-3A__lists.kictanet.or.ke_m… Twitter: https://urldefense.proofpoint.com/v2/url?u=http-3A__twitter.com_kictanet&d=… Facebook: https://www.facebook.com/KICTANet/ Domain Registration sponsored by https://urldefense.proofpoint.com/v2/url?u=http-3A__www.eacdirectory.co.ke&… Unsubscribe or change your options at https://urldefense.proofpoint.com/v2/url?u=https-3A__lists.kictanet.or.ke_m… 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 Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/ Domain Registration sponsored by www.eacdirectory.co.ke Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/pmaina2000%40yahoo.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 Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/ Domain Registration sponsored by www.eacdirectory.co.ke Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/bhaves.shah%40jabjabg… 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 Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/ Domain Registration sponsored by www.eacdirectory.co.ke Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/ali%40hussein.me.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.

3 3

Re: [kictanet] [Singapore] Telcos regulator seeks to monitor WhatsApp
by Patrick A. M. Maina 08 Nov '18

08 Nov '18

Well noted. Diversity of thought and opinions creates rich perspectives. I'll try look at the debate from your perspective when I have some thinking time and see if I get some new insights. On Thursday, November 8, 2018, 4:44:10 AM GMT+3, Ali Hussein <A.Hussein(a)fintexx.tech> wrote: Patrick A. M. Maina Nope. That's your interpretation. And by the way, that's my opinion. And remember what I said. There were many more start-ups and will be going forward. Infact I share the father of the internet's view of regulation. Ali HusseinCo-Founder & CEOFinteXX Technology Ltd +254 713 601113 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 On 7 Nov 2018, at 8:55 PM, Patrick A. M. Maina via kictanet <kictanet(a)lists.kictanet.or.ke> wrote: Ali, that means you're calling BS on Tim Berners-Lee (*the* www inventor) because he shares very similar views on big tech concentration risks... You are also "calling out" the US gov, Chinese Gov, Russian Gov, all of Europe, the UK, Singapore Gov and AU combined... literally the whole world. WOW! that's a pretty HUGE call out boss. You'd need some really good sources / data to back that up. Regulating dominant dinosaurs (even the scary T-Rexes) is beneficial to the overall economy because it is how you open the door to: - fresh thought - transformative (rather than sustaining) innovations - game changing products that might never have seen the light of day (due to blocking moves by dinosaurs) - new sources of foreign exchange - new types of jobs (even entirely new industry sectors); and - new frontiers of economic growth. This virtuous cycle of innovation and new enterprises is what sustains modern economies. It's not even my idea; I'm just articulating a global debate that is increasingly gaining traction locally. Check out these articles which contain compelling arguments from credible sources: https://www.reuters.com/article/us-internet-regulation/big-tech-must-be-reg… https://www.cnbc.com/2018/08/30/us-and-china-want-to-regulate-big-tech-like… Tony Blair: we must regulate big tech properly and prepare for China's AI threat | | | | | | | | | | | Tony Blair: we must regulate big tech properly and prepare for China's A... Thomas McMullan The former Labour leader says the government should move to regulate tech, that social media is for loudmouths a... | | | Have a great evening!Patrick. On Wednesday, November 7, 2018, 4:07:51 PM GMT+3, Ali Hussein <ali(a)hussein.me.ke> wrote: Patrick A. M. Maina I'm calling you out on your BS. Said lovingly of coz! 😁. I'd agree with you if the only start-ups then were Microsoft, Google, Facebook etc. For every Microsoft there are thousands other start-ups that fell by the wayside who enjoyed the same 'Regulatory Privileges' you keep on harping about. The same goes to Amazon et al. To impune that they had a monopoly of manipulating regulatory failures is intellectually dishonest. Have you forgotten MySpace? Friendster? These giants of their day were bigger than Facebook way back when Zuckerberg was still wet in the ears and hadn't even printed his 'CEO, Bitch!' business card.😁 The question should really be this:- How do we reign in start-ups from being ecosystem Bulldozers? And how do we control them going forward if by chance they escape and become bad Ecosystem Players. Short of that let's all go back to the stone age where we all share what we hunt or gather. My two cents. Ali Hussein Principal AHK & Associates Tel: +254 713 601113 Twitter: @AliHKassim Skype: abu-jomo LinkedIn: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 Wed, Nov 7, 2018 at 11:38 AM Patrick A. M. Maina <pmaina2000(a)yahoo.com> wrote: Morning Ali, Today's big tech were yesterday's startups who benefitted from preferential competition regulations that protected them from being crushed by the giants of that period or at least allowed them to grab a solid marketshare through some limited exclusivity arrangement. Research any monopolistic big tech and you will likely find a string of affirmative actions by its Government during its early stages of growth. As a young startup, Microsoft reportedly benefitted from regulations that clipped IBM's powers; then it grew too powerful and was perceived to be hindering innovation leading to anti-trust regulations against it, that are believed to have paved way for the FANG quintet (among others)... Now the FANGs are too powerful (and no longer as innovative) so there is talk of clipping them to pave way for a new wave of innovative technologies. That is how you maximize innovation ecosystems and technological progress. Darlings evolve from tiny vulnerable babies to giant elephants, then become *dinosaurs* and if they are allowed to maintain status quo, they crush innovators leading to slow down of progress and a steady loss of competitive advantage for the host country (in our case, Kenya). By creating space for new generations of startups to thrive - governments facilitate the next wave of tech revolution / transformation. For example, no matter how well Safaricom, a telcomms pipe tech expert, claims to know eCommerce, music, agriculture, or health, or edu, or security, or social, or TV, you can bet there is a laser focused local start-up with *far better* technical ability and insights that has been pushed out of that space due to sheer resource and market power imbalance. This is how innovation is being stifled in Kenya. Safaricom easily leverages its subscriber/agency/marketing network for example to quickly dominate a space. But this is not a good thing because its a *blocking* move by a dinosaur that fears innovation, rather than a transformation move IMO. An established player cannot have the same level of hunger, passion, agility and insights in *multiple* sectors compared to a young startup dedicated to that sector. This argument holds anywhere, including in advanced economies. Some links: https://qz.com/1317231/what-the-microsoft-antitrust-case-can-teach-us-about… https://www.forbes.com/sites/forbestechcouncil/2018/08/09/why-innovation-an… https://www.bloomberg.com/amp/opinion/articles/2018-03-23/regulating-facebo… Enjoy your day.Patrick. On Wednesday, November 7, 2018, 6:37:51 AM GMT+3, Ali Hussein <ali(a)hussein.me.ke> wrote: Patrick Something we agree on! :-) Completely with you on the China, US comparison on Internet Freedoms and subversion. On the issue of #BigTech. I'm conflicted. Here's my take:- 1. When these giants were in their infancy we celebrated them. They offered us something that was outside our reach - Internet Tools that we use now - email, search, networking at scale (facebook, Linkedin etc), cloud storage etc literally for free. Did we not think that at some point that the Pied Piper will come calling to collect? 2. The Global Tech Ecosystem probably won't exist as we know it today if it weren't for the dirt cheap, Pay As You Go models of cloud computing, pioneered by Amazon and copied by almost all the the big tech companies today. What would the alternative be? I know for a fact that a number of startups I'm involved in wont be in existence or we at least won't be plotting Global Dominance if it weren't for this infrastructure. 3. Lastly, why are we abrogating the role of regulators in keeping everyone honest and fair. What can we do to ensure we don't throw the baby 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 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 Wed, Nov 7, 2018 at 3:33 AM Patrick A. M. Maina via kictanet <kictanet(a)lists.kictanet.or.ke> wrote: Bhaves, that is an obvious propaganda piece because it contains distorted half truths, lopsided PoV pushing, innuendo, exaggerations, unwarranted speculations and so forth. Not worth the time spent reading it. Not to mention that the US and china are in the middle of a dominance battle (and have been ideological opponents for ages). Ideologically loaded debates are like debates between different religions on the "true way". Positions are deeply entrenched. Lines between facts and belief are nonexistent. Approach is zero sum. Even intellectuals struggle with ideological arguments (unaware of their own bias blind spots). Have you heard of the NSA and the chaos that it has brought into global cyberspace over the last 10 years? Google/Bing/Yandex it! The only difference between US and China in cyberspace is that the former subverts internet freedoms *covertly* (and very effectively) using sophisticated backdoors, trojans etc, because the local laws don't allow, whereas the latter (China) operates within a legal framework and acts in the open in the interests of its own people and ideology. Because no one knows exactly how far/deep the NSA goes, they have a stronger propaganda position, except when they make a mistake.. then people start to wonder (see link). https://www.politico.com/story/2017/05/15/global-cyberattack-nsa-238412 The US also has a very well coordinated mainstream media that is fiercely committed to its elite's ideology and highly propaganda savvy. Its literally an information warfare army that has been accused many times of brainwashing not just the world, but US citizens as well. Very impressive and amazingly effective. Impossible to debate propaganda. I give up. :-D On Tuesday, November 6, 2018, 9:00:56 PM GMT+3, Bhaves Shah <bhaves.shah(a)jabjabgroup.com> wrote: Something of interest - https://qz.com/africa/1447015/china-is-helping-african-countries-control-th… Cheers!Bhaves On 6 Nov 2018, at 7:52 PM, Patrick A. M. Maina <pmaina2000(a)yahoo.com> wrote: Thanks for the heads-up Bhaves. This is very interesting and confirms that social media misuse is indeed a global problem (even for advanced economies). Have a great evening! On Tuesday, November 6, 2018, 6:54:37 PM GMT+3, Bhaves Shah <bhaves.shah(a)jabjabgroup.com> wrote: Patrick: Your arguments are good and I do respect them, any maybe even Singapore government is listening to you when thwarting fake news - https://www.straitstimes.com/singapore/select-committee-releases-22-proposa… Bhaves ShahFounder-CEOJabJab Group Ltd+254 707 306639website - www.jabjabgroup.com twitter - https://twitter.com/jabjabgroupfacebook - https://www.facebook.com/jabjabgroup/ On Tue, Nov 6, 2018 at 6:42 PM Bhaves Shah <bhaves.shah(a)jabjabgroup.com> wrote: Patrick: This is my personal opinion, so when I am referring to your point being moot it is my own opinion, however it does not mean that my opinion is the only out there, everyone is there contribute. As for answering your questions see below: 1. The scope is social media apps like Facebook, Whatsapp and Telegram that have been associated with facilitating crime or chaos due to the way they have been designed. Are these apps irreplaceable (e.g. by local legally compliant copycats)? Why?Firstly, technology is about evolution and these apps have evolved. It is not the apps that are creating the content, these are platforms where people are free to create the content, however as the apps have become large scale the issues related to facilitate crime or chaos has also evolved, but in the same manner the ecosystem will also thrive to safeguard with new innovations from abuse. The biggest culprits of the abuse is always governments itself. There is something called choice, no one has imposed these apps on anyone, each individual has a right to use them as they deem fit. However, everyone should know the risks, and that comes through education not government control. 2. Do these apps impose a burden on Government when they are abused? Who should pay for that burden? Why? What burden are your referring to, when national security is at stake, there could be case of such instances, however like I have said these apps have been abused by the same governments to control the masses within the ecosystem. There should be mechanisms or safeguards for abuse, however having full control of such apps and denying citizens to use these platforms for dissemination of information should not be constrained. Are we thriving to become a "police" state where every conversation is looked as a threat to governments. 3. Should they cooperate with Gov to eliminate risks of criminal abuse? If not, why not?Like any legal requirement if there is a criminal element to the dissemination of information, then the burden of proof is for the government to furnish the proof for these companies to comply with the law. However, just by saying "this is a threat" to a government, that does not hold water, the state must prove it's argument, otherwise just as well shut the entire ecosystem, and then deal with the masses and the consequences of free speech. 4. When these apps collect data (resource extraction - just like oil/gold extraction) should a country be compensated? If not, why not?The collection of data happens with every software you use, it is a choice a consumer makes for one to use such an app. The better the informed public is about the data, the better choices one makes. In my opinion parts of GDPR are good for privacy for citizens, and maybe those should be adapted locally if done properly, it should not be a copy and paste exercise. 5. When these apps manipulate people psychologically to promote repeated engagement (thereby distracting local human resources from engaging in local economic activity or reducing productivity) should they pay for that engagement? If not why not? Keep in mind user engagement is a billion dollar 21st century resource!Like any business everything is being manipulated. Look at consumer goods companies that sell their products, there is a form of manipulation going on. For example look at the way the food and beverage companies manipulate people to believing their products are good for health etc when in actual fact they are not good for health. Manipulation of the mind for any product or service is the end game for one to be a customer for that particular product or service - everyone has a choice to make. Its all about education.. 6. Should we mortgage our future by allowing irresponsible apps to use advanced psychology to target juveniles and turn them into screen *addicts* and *narcissists*? If yes, how do we gain from that?There is no one mortgaging the future, we all know that there are good and bad with every product and service, millions of people are being abused even by not using these apps, but using physical goods made by consumer companies. The issue is that technology revolution, innovation and disruption will remain no matter how we look at it, there is nothing going to stop that, but like I said everyone needs to play their part in educating the people of the good and evil...Controls don't achieve anything, it just breeds a behaviour of circumvention especially with the younger generation who are growing up in the era of information and technology. I hope my views are accepted, just as a side note, I am not imposing my beliefs on anyone, everyone has a right to choose and decide, I believe in that freedom of choice, I am of less control, but more education. Bhaves ShahFounder-CEOJabJab Group Ltd+254 707 306639website - www.jabjabgroup.com twitter - https://twitter.com/jabjabgroupfacebook - https://www.facebook.com/jabjabgroup/ On Tue, Nov 6, 2018 at 6:16 PM Patrick A. M. Maina <pmaina2000(a)yahoo.com> wrote: Thanks for your comment Bhaves, Firstly an argument can't be moot just because you say so hehe (on a light note). You are not addressing the specific points that I have raised: Can you address them so that the refutation is clear and on point? 1. The scope is social media apps like Facebook, Whatsapp and Telegram that have been associated with facilitating crime or chaos due to the way they have been designed. Are these apps irreplaceable (e.g. by local legally compliant copycats)? Why? 2. Do these apps impose a burden on Government when they are abused? Who should pay for that burden? Why? 3. Should they cooperate with Gov to eliminate risks of criminal abuse? If not, why not? 4. When these apps collect data (resource extraction - just like oil/gold extraction) should a country be compensated? If not, why not? 5. When these apps manipulate people psychologically to promote repeated engagement (thereby distracting local human resources from engaging in local economic activity or reducing productivity) should they pay for that engagement? If not why not? Keep in mind user engagement is a billion dollar 21st century resource! 6. Should we mortgage our future by allowing irresponsible apps to use advanced psychology to target juveniles and turn them into screen *addicts* and *narcissists*? If yes, how do we gain from that? I'd love to read your specific views on each of these points. Brgds,Patrick. On Tuesday, November 6, 2018, 5:44:35 PM GMT+3, Bhaves Shah <bhaves.shah(a)jabjabgroup.com> wrote: Patrick: Your argument is moot.. A very simple analogy when email was introduced and now used by the entire world - are you taxing email platforms..So why hold the same argument for these OTT applications - why pay for services that the government never invented in the first place.. The basic premise is that without technology disruption our society will never advance and governments are the worst culprits of such hindrance to society’s advancement in this world.. Governments love to control and that fact alone is a motivator to circumvent such an ecosystem..The premise of human advancement is adapting to new revolutions and disruptions.. Governments should not hinder progress and when it comes to collecting revenues from so called innovators and disruptors then bring such companies to Kenya to set up base and provide them with incentives and ask them to employ Kenyan citizens etc - drive such an encouragement with finding suitable models for advancement of societies.. Taxation is just a cheap way of protectionism - it does not work..It impedes human progress.. Cheers!Bhaves On 6 Nov 2018, at 5:18 PM, Patrick A. M. Maina via kictanet <kictanet(a)lists.kictanet.or.ke> wrote: OK I'm back (briefly). Thanks for your points Mr. Okobi, Actually the only difference between "taxes" and "fines" is the definition. Taxes can be based on anything - not just earnings. Example: What is VAT? A tax on consumption! Why should you pay extra tax on consumption after you have already been taxed on income? Does that make sense? Is that not fining or penalizing people for enjoying their *already taxed* money? Another example: why tax food or books? These are essential must-have items. I should not be taxed to eat or educate my kids. Isn't that not a form of "existence tax"? What about tax on sanitary pads? Is that not discriminating against girls (they end up paying more taxes than boys because its a gender-specific essential purchase). Why tax people for keeping clean babies (diaper tax)? Why tax people for going to work (fuel VAT)? etc etc. I'd love to hear your views about the rationality of these taxes. Oh, btw, even the fines one pays in court are a form of compliance/obedience tax. Those who follow the rules pay less taxes (thus encouraging compliance). Anyway, lets not get stuck on definitions but I'd urge you to read some good books on taxation & economics to get a grip of this. Okay, who has said anything about taxing "online services" or "all online services"? That is a strawman argument that diverts attention from the real issue. I am only talking about online apps with high potential for *abuse at scale*, which imposes a heavy cost burden on Governments and/or society (e.g. Facebook, Whatsapp, Telegram etc). These apps (and their problematic architectures) are well known and Governments worldwide are scrambling to find solutions to the problems that they have enabled/amplified by design. Why should Kenyan taxpayers *subsidize* the fixing of costly problems caused/facilitated/amplified by these foreign billion dollar apps who don't contribute their share of taxes locally or accept their share of responsibility? This is a form of reverse taxation where our Government is effectively "paying" taxes to Facebook and Whatsapp! Tobacco analogy might help elucidate the issue: When tax funds are spent on lung cancer treatment for cigarette smokers, isn't that a subsidy paid by taxpayers - includingnon-smokers, to Tobacco companies? Looks like a no-brainer nowadays but it took a while (and similar debates) for Tobacco companies to accept because it takes decades for lung cancer to form. Many even paid for fake scientific studies to disprove claims that Tobacco smoking is harmful. Very similar to what some notorious data aggregating multinationals have been accused of doing. Glad that you accept that there is indeed a cost burden for Government (and society) from fake news that is amplified by these social media platforms like Facebook and whatsapp. At least we have a common understanding that there is a real problem. Is there data? Yes, the data does exist which directly associates these apps (e.g. Whatsapp & facebook) to crime, addiction, subversion, mob violence and deaths. See my earlier post on this with several links. Why are we so attached to these apps? How many jobs do they create here? How do we benefit from them such that they are not irreplaceable by local clones? Perhaps that is the question that we should be asking. The 21st Century tax innovations that I am proposing may be difficult to grasp because they does not yet exist and require a non-traditional view of how businesses operate (especially those based on the Silicon Valley VC and Data Mining model). But that is where the world is heading. Citizens data is a national product. Should off-shore data aggregation / mining multinationals get it for free? Should they be allowed to manipulate/brainwash us or our children - in order to monetize the ensuing engagement - and then let us bear whatever consequences that ensue downstream? Should they be allowed to facilitate the spread of disinformation by design - even with the risk of causing harm or deaths to innocent victims? Should they impose new/heavier cost burdens on governments. Should they be allowed to facilitate and protect criminals by design? These are 21st century issues that didn't even exist 10 years ago. They require 21st century thinking and solutions. Cheers & have a great evening!Patrick. On Tuesday, November 6, 2018, 3:47:48 PM GMT+3, Ebele Okobi <ebeleokobi(a)fb.com> wrote: If your model is not revenue based, then what you are talking about is not a tax, it’s a fine. I’m curious as to what data you are using to determine that online services are “net negative”? Is this your assessment for Kenya specifically, or is your contention that globally, all online services provide net negative value to the world? There are multiple studies on the economic and social benefit of online services, so I am quite interested in learning of those which substantiate the net negative claim. Also, is this specific to Facebook products, or all online services, including those created by Kenyans? And would this tax regime be a global tax-in other words, should it also apply to Kenyan companies operating globally? For example, for those on this list with Kenyan companies offering online services, should this tax regime apply to them in Kenya? Should, for ex., Uganda apply a similar regime for Kenyan companies offering online services there? In terms of the metrics you propose-Facebook is a public company, as are many companies offering online services. What is the relevance of funds raised in this context? In addition-valuation for a public company is a completely different metric than funds raised-curious as to how this would be made predictable, given that a good environment for economic growth depends to a great extent on a rationalized policy and regulatory environment? As for the security issues-i have acknowledged previously the challenges and there, and there is excellent opportunity for collective thinking on how to deal with platforms that are a mirror of the divisions and risks in societies (which we are doing!) but nothing recommended below addresses or mitigates any of those risks. I am mindful that the most violent periods politically in Kenya predated Facebook and WhatsApp, so the notion that these platforms cause violence, or that taxing them would remove security risk is unsupported by any data whatsoever. On Nov 6, 2018, at 12:12 PM, Patrick A. M. Maina <pmaina2000(a)yahoo.com> wrote: Whatsapp is not monetised and does not derive any revenue from anywhere yet (this will change next year). This should have no bearing at all on whether Whatsapp should be taxed or not. It is a billion dollar multinational company operating on a non-traditional business model. This means that it is our tax regulations which need to be *modernized* to rope in 21st century global business models that add a local cost burden on the government (e.g. increasing costs of security, turning kids into narcissistic screen zombies - with resulting impact on learning and metal health etc) yet do not contribute to the local kitty - which is unfair considering that they are *billion dollar* companies. To put it differently, any shilling that Government spends to mitigate the risks of fake news in whatsapp or Facebook (e.g. buying ads to push correct position) is a subsidy paid to Facebook and Whatsapp. This is money that could have gone to health sector to buy medicine, sanitation for clean water or agriculture for food security. Instead it goes to fix a problem created by an entity that has net negative value to the economy. Not all innovation is good or beneficial! How to tax Silicon valley business models: Use the same metrics investors use:1. Estimated number of users / downloads2. Risk / benefit factor (e.g. security risks or impact on jobs/wages)3. Valuation (funds raised) Silicon valley companies are designed to make losses for decades even as they move massive amounts of money (literally avoiding taxes by exploiting obsolete legislation). The real business they are in is the fundraising business but that is under the tax radar. Signing off. Will check back later for updates. Patrick On Tuesday, November 6, 2018, 2:45:18 PM GMT+3, Ebele Okobi via kictanet <kictanet(a)lists.kictanet.or.ke> wrote: This is a fascinating and very timely conversation. As I’m sure all can imagine, I have many thoughts. 😁I do have a question, first-how much revenue does WhatsApp derive from Kenya? On Nov 6, 2018, at 7:45 AM, evelyne wanjiku via kictanet <kictanet(a)lists.kictanet.or.ke> wrote: Dear All, In suppport of Mr. Patrick Mainas Maina's input. The government needs to consider taxing the platforms. This is because they make money from us trade in our data and the revenue genereted benefits their countries and not ours given that they do not pay taxes here. This has been considered in Europe. In africa however, no country can apply this taxes on its own due to our 'economically colonised' position our countries find ourselves in. This means that the easiest option for our government becomes the easy route which is taxing the end user. This is counterproductive especially for those who use social media for productive activities. Therefore only a united african front would be succesful in getting these giants to pay up and keep our governments from considering taxing citizens. It is also important to consider that calls made on whatsapp, skype,viber cost less. This means that there is revenue reduction for the companies providing voice services. Considering that these companies are locally based and pay taxes to our government, why should their revenue be reduced by services that do not pay taxes to us? I suppose this is the logic used by countries like the UAE that block the use of whatsapp to make calls whithin their borders. As for the ability of whatsapp to cause chaos, this is true and has been proven and whatsapp itself has acknowlegded this fact in countries like India and Pakistan. These are countries where fake news and inflammatory messages delivered mainly through whatsapp have led to chaos that have led to deaths of many people. Whatsapp has responded by putting in measures to ensure that such spread of hate news can be controlled from their end. Whatsapp also remains open open to suggestions as to how this can be contolled and is actively leading research in this area. The question therefore should be, should we leave Whatsapp to be in charge of what is transfered on their platform and the consequences that follow? Should government have a role in monitoring how whatsapp is being used for harmful activities. Overall what is the role of government and the various platforms in ensuring this platform and others are used responsibly? Good day to all On Tuesday, November 6, 2018, 3:44:22 AM GMT+3, Francis Monyango via kictanet <kictanet(a)lists.kictanet.or.ke> wrote: Morning Mr Patrick Maina, You mention how messaging apps facilitate fake news, crime and other things. You also lay peace,development on a scale versus human rights such as free speech and privacy. Sir, it is good to be objective and factual. Last year Kenya had 10 months of hot politics. Research shows that the Kenyan authorities did not attempt to control, disrupt or shutdown the internet. Hence this tired line of the country going into flames because of the internet (messaging apps) doesn't hold any weight. The number of Kenyan users of these messaging apps and other factors such as social class of users, bots affect the impact of the internet in democratic transitions. The broadcast media shut down in January should tell which communication medium has more impact on the Kenyan society. 😉 I believe your intention was to state why companies that offer over the top services should pay taxes here. That is a different argument all together with a different set of facts unless you are advocating for a blanket over the top tax to be paid by users to avoid 'spread of gossip and lies' just like in Uganda. On Fri, 2 Nov 2018, 13:26 Patrick A. M. Maina via kictanet, <kictanet(a)lists.kictanet.or.ke> wrote: These messaging apps facilitate fake news, crime, foreign meddling (to subvert democracy), brainwashing and hate speech on a massive scale. We know this for a fact. So as citizens and stakeholders in our country, we need to ask: what do we value more, is it things that improve peace, stability, economic development and democracy, OR, is it some utopian, unbounded notion of free speech and privacy that is disconnected from our contextual reality (e.g. protects criminals, malicious defamers and violence mongers in equal proportion as law abiding citizens)? The companies running these uncontrolled messaging platforms will not be impacted if our country goes up in flames. They cost governments tons of money in maintaining internal security (especially during democratic transitions - sometimes to existential levels) yet they don't pay any taxes... and mark you, they are *billion dollar* companies! This also means that funds that ought to have bought, say, medicine to save lives gets diverted to fix an *imported problem* with no path to holding the parent company accountable for damage caused. Gok needs to modernize our tax laws, which currently are based on the traditional "for profit" enterprise model and thus out of touch with Silicon Valley's "make losses by design" model. The basic assumption that entrepreneurship is a profit oriented endeavour does not hold for Silicon Valley VC subsidized companies. They are designed to operate as loss makers for decades (but still move *massive* amounts of financial resources at massive scale). This has the technical effect of *tax avoidance* because massive profits *are* still being made by the offshore VCs - which denies governments billions in taxes (despite imposing local burdens as illustrated above). A smart government would create modernized laws to tax VC funded Silicon Valley companies e.g. on the basis of *funding rounds* and *valuations* because this is their *real* business i.e. its how the investors intend to make money from day one - and the primary reason they push for perpetual losses! There should also be a turnover tax and VAT on online revenue earned in Kenya by foreign billion dollar internet companies (e.g. advertisement revenue and appstore revenue), to level the tax playing field for local businesses. Similar to what other countries like the UK are working on: https://www.wired.co.uk/article/facebook-uk-tax-bill CA will obviously have a hard time monitoring and enforcing though, under the current traditional framework due to technical barriers (e.g. encryption) and also due to jurisdictional challenges. So the other thing that CA really needs to do once the rules are set is to consider blocking non-compliant foreign apps completely at ISP level (especially now that political temperatures are cool and people and thinking clearly). Lets have local startups filling any gaps with copycat apps China-style. To be clear, I support free speech and privacy. But I also support peace, stability, safe neighbourhoods, democracy, sovereignty and economic predictability! A delicate balance is needed to maximise the rights of law abiding citizens while minimising the ability of those with evil intent to exploit basic rights in order to harm the innocent. Good day.Patrick. On Thursday, November 1, 2018, 11:00:44 PM GMT+3, Grace Githaiga via kictanet <kictanet(a)lists.kictanet.or.ke> wrote: Kenya is considering regulating online services such as WhatsApp and Skype in a radical move that could force the internet-based service providers to share data with the government. The Communications Authority of Kenya (CA) is in search of a consultant to study and determine how the so-called over-the-top services (OTTS) operated by groups such as Facebook, which runs WhatsApp, and Skype owner Microsoft, could be regulated. Read on:https://www.nation.co.ke/business/Telcos-regulator-seeks-to-monitor-WhatsApp/996-4833020-fn9u7s/index.html 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. _______________________________________________ kictanet mailing list kictanet(a)lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/ Domain Registration sponsored by www.eacdirectory.co.ke Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/pmaina2000%40yahoo.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 Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/ Domain Registration sponsored by www.eacdirectory.co.ke Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/monyango93%40gmail.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 Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/ Domain Registration sponsored by www.eacdirectory.co.ke Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/ewanjiku2005%40yahoo.… 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://urldefense.proofpoint.com/v2/url?u=https-3A__lists.kictanet.or.ke_m… Twitter: https://urldefense.proofpoint.com/v2/url?u=http-3A__twitter.com_kictanet&d=… Facebook: https://www.facebook.com/KICTANet/ Domain Registration sponsored by https://urldefense.proofpoint.com/v2/url?u=http-3A__www.eacdirectory.co.ke&… Unsubscribe or change your options at https://urldefense.proofpoint.com/v2/url?u=https-3A__lists.kictanet.or.ke_m… 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 Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/ Domain Registration sponsored by www.eacdirectory.co.ke Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/pmaina2000%40yahoo.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 Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/ Domain Registration sponsored by www.eacdirectory.co.ke Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/bhaves.shah%40jabjabg… 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 Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/ Domain Registration sponsored by www.eacdirectory.co.ke Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/ali%40hussein.me.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 Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/ Domain Registration sponsored by www.eacdirectory.co.ke Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/info%40campusciti.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.

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Blockchain Voting Opinion - Which Direction
by WANGARI KABIRU 07 Nov '18

07 Nov '18

Opinion | It’s Time for Online Voting | | | | | | | | | | | Opinion | It’s Time for Online Voting Using blockchain technology, online voting could boost voter participation and help restore the public’s trust i... | | | It’s Time for Online Voting Using blockchain technology, online voting could boost voter participation and help restore the public’s trust in the electoral process and democracy. Blockchain-based elections would be a disaster for democracy | | | | | | | | | | | Blockchain-based elections would be a disaster for democracy Opinion: Blockchain-based voting would destroy public trust in elections. | | | Opinion: Blockchain-based voting would destroy public trust in elections. If you talk to experts on election security (I studied with several of them in graduate school) they'll tell you that we're nowhere close to being ready for online voting. "Mobile voting is a horrific idea," said election security expert Joe Hall when I asked him about a West Virginia experiment with blockchain-based mobile voting back in August. Be blessed.Regards/Wangari --- Pray God Bless. 2013Wangari circa - "Being of the Light, We are Restored Through Faith in Mind, Body and Spirit; We Manifest The Kingdom of God on Earth".

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