todays Nation had an interesting story on intermediary liability in "a letter from London" see nation.co.ke/oped/Opinion/Crackdown+planned+on+cruel+Internet+hoaxes+/-/440808/1429216/-/aie6ej/-/index.html 2012/6/17, Kivuva <Kivuva@transworldafrica.com>:
Back home, Its was just recently that KENIC in conjunction with Safaricom arm twisted a registrar to pull down a domain registered by a disgruntled customer. Safaricon.co.ke had content that was making Safaricom very very uncomfortable. I would have wished to know how the court would have handled this case. More on http://bake.or.ke/blog_feed_item/12277
Before that, there was a fake Equity Bank website Equitybanknig-plc.com that was a clone of the real website equitybank.co.ke, and "experts" suspected it was a phishing website. I would have wished to know how that was resolved http://businessinfocus.blogspot.com/2009/09/equity-banks-membership-drive-at...
On 14/06/2012, Barrack Otieno <otieno.barrack@gmail.com> wrote:
Listers,
Internet intermediaries can be looked at as go-betweens, they act between two parties on the Internet enabling the transmission and sharing of information. They allow communication, and provide knowledge and content of all types, from email to entertainment. However, they do not make decisions about the type of content that passes through their facilities. OECD (2010, p. 9) identifies Internet intermediaries to include ‘Internet access and service providers (ISPs), data processing and web hosting providers including domain name registrars, internet search engines and portals, internet payment systems, e-commerce intermediaries and participative networking platforms which include internet publishing and broadcasting platforms that do not themselves create or own content being published or broadcast’.
From a Kenyan perspective, it is important to consider mobile service providers as intermediaries since mobile telephony continues to set the stage for adoption of Internet access even though they are regulated under telecom laws.
Intermediary liability arises where governments or private litigants can hold Internet intermediaries liable for unlawful or harmful content created by users of their services. The power and influence of Internet intermediaries, as well as their limitations in enabling communication and facilitating information flows is now attracting more attention in Internet governance discussions.
Questions:
1. What are the laws that govern intermediary liability in Kenya?
2. What sort of content would be deemed a liability by intermediaries and therefore justify removal?
3. Has Kenya had instances where intermediaries have been asked to take down content or block services e.g. text messages?
4. Any other concern?
The floor is open
-- Barrack O. Otieno +254721325277 +254-20-2498789 Skype: barrack.otieno http://www.otienobarrack.me.ke/ _______________________________________________ Skunkworks mailing list Skunkworks@lists.my.co.ke ------------ List info, subscribe/unsubscribe http://orion.my.co.ke/cgi-bin/mailman/listinfo/skunkworks ------------
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-- ______________________ Mwendwa Kivuva For Business Development Transworld Computer Channels Cel: 0722402248 twitter.com/lordmwesh transworldAfrica.com | Fluent in computing kenya.or.ke | The Kenya we know _______________________________________________ Skunkworks mailing list Skunkworks@lists.my.co.ke ------------ List info, subscribe/unsubscribe http://orion.my.co.ke/cgi-bin/mailman/listinfo/skunkworks ------------
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