On this one I will say that with the new CS of ICT,  Joe Mucheru , we are in good hands:) I very much look forward to him making everyone understand the dynamics in this industry and it is not easy to regulate the Internet content.  Hoping that he will help KFCB understand that it is not a Movie that is being played in a movie house but on the Internet....there is a BIG difference. 

In regards to content regulation we need a holistic policy not just Netflix to help us protect our children and citizens from the negative effects of the Internet.  

--
Tej Bedi



On 12 January 2016 at 14:10, Grace Githaiga via kictanet <kictanet@lists.kictanet.or.ke> wrote:
"Ezekiel Mutua, the KFCB chief executive, insisted that Kenya’s membership of the International Telecommunications Union (ITU) gives it the mandate to fully regulate and govern its cyberspace, making Netflix no exception."

Really? This shows that the regulator was not consulted on the practicality of this matter. Like I said, KFCB needs a brief on the ABC of streaming. 

Thanks Ngigi for sharing.

Rgds
GG

Date: Mon, 11 Jan 2016 23:11:12 +0300
Subject: Re: [kictanet] Netflix to be regulated by KFCB in Kenya
From: kictanet@lists.kictanet.or.ke
CC: ngigi@at.co.ke; kictanet@lists.kictanet.or.ke
To: ggithaiga@hotmail.com



On Mon, Jan 11, 2016 at 8:08 PM, Ngigi Waithaka <ngigi@at.co.ke> wrote:
@Walu,

You know how it is with great ..... :-)

See you tomorrow....

On Mon, Jan 11, 2016 at 7:51 PM, Walubengo J <jwalu@yahoo.com> wrote:
@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,

Waithaka Ngigi
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T +254 20 525 0750 |Office Mobile: +254 716 201061 | M +254 737 811 000

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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.





--
Regards,

Waithaka Ngigi
Chief Executive Officer | Alliance Technologies | MCK Nairobi Synod Building
T +254 20 525 0750 |Office Mobile: +254 716 201061 | M +254 737 811 000



--
Regards,

Waithaka Ngigi
Chief Executive Officer | Alliance Technologies | MCK Nairobi Synod Building
T +254 20 525 0750 |Office Mobile: +254 716 201061 | M +254 737 811 000

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