Dear Listers

We appreciate those who took time to respond to yesterday's questions. We also got a number of response from the Internet Governance Caucus list. Please feel free to go back to Day one and make further comments. 

We have a reporting template and Robert Mureithi of CIPIT Strathmore University has created a google doc of the week's debate and where daily issues will be updated https://docs.google.com/document/d/1ir5NijyJLWw-SwQzkgyd68thvQwJs7yhMC3J7e9Wlk8/edit?pli=1

Today, we move on to Day 2 discussion. This is a continuation of Day one on Part 1 on Electronic transactions.

Today, we raise two questions:

 

Article I – 9:
Direct marketing through any form of indirect communication including messages forwarded with automatic message sender, facsimile or electronic mails in whatsoever form, using the particulars of an individual who has not given prior consent to receiving the said direct marketing through the means indicated, shall be prohibited by the member states of the African Union.

Article I – 10:

 The provisions of Article I – 9 above notwithstanding, direct marketing prospection by electronic mails shall be permissible where:

1) The particulars of the addressee have been obtained directly from him/her,

2) The recipient has given consent to be contacted by the prospector partners

3) The direct prospection concerns similar products or services provided by the same individual or corporate body.

Question: Is this a realistic way of dealing with spam?

Article I – 27

Where the legislative provisions of Member States have not laid down other provisions, and where there is no valid agreement between the parties, the judge shall resolve proof related conflicts by determining by all possible means the most plausible claim regardless of the message base employed.

Question: What is the meaning of this article and is it necessary? Some clarity needed!