@Ngigi,

You have just pre-empted my tomorrows article/blog. Now folks may not have to read it :-(

walu.

From: Ngigi Waithaka via kictanet <kictanet@lists.kictanet.or.ke>
To: jwalu@yahoo.com
Cc: Ngigi Waithaka <ngigi@at.co.ke>
Sent: Monday, January 11, 2016 7:35 PM
Subject: Re: [kictanet] Netflix to be regulated by KFCB in Kenya

Mwendwa,

Does the law classify content based on where it is played, viewed or both?

Can a Kenyan in Kenya access adult sites based in US?
Can an American in Kenya access adult sites based in the US?
Can a Kenyan in Kenya access adult sites in Kenya
Can an American in Kenya access adult sites in Kenya?

Before we talk regulation, these have to be very clearly defined and understood across the board.

Also, KFSB rushing to regulate Netflix is like banning Uganda FM stations in Busia... Is it practical?

Short of mass surveillance and content blocking at our Internet Gateways, something that puts us in the league of countries like North Korea & Saudi Arabia, how would this work in practice?

IMO, any content (...The following movie is rated Adults Only)...will always be available for those who are really interested in getting it. The only way we could regulate ourselves is from our Society Norms not by policing...

The only area that I see as a possible regulation ground is where the public is involved... e.g Cinemas, Music Concerts but this should not extend to our houses.

Rgds

On Mon, Jan 11, 2016 at 5:06 PM, Mwendwa Kivuva via kictanet <kictanet@lists.kictanet.or.ke> wrote:
On Jan 11, 2016 11:55 AM, "James Wamathai via kictanet" <kictanet@lists.kictanet.or.ke> wrote:
>
> I don't think they know how Netflix works and in any case the service is compliant in that it gives the user the ability to create a kids account where there will only be kids content.
>
Wamaitha, No. The service is not compliant becase the law specifically classifies content that all of us should not access. Some Content that is acceptable by US standards is not acceptable by Kenyan standards.
> But even if we were talk regulation, I don't see how they would do that. Interested to see how this plays out.
>
> -----
Netflix would simply ask KFCB to give them a list of content to block, and you would not be able to access that content using a Kenyan account. This is where VPN services rake in the money.
Regards

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Regards,

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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.