By the way, post-Accra, Africa is the only region to have fully endorsed the ETNO proposals - another issue of concern...do our governments understand what they are endorsing? Why are we supporting proposals other regions have deemed fit to ignore?

Ory

On Mon, Oct 8, 2012 at 7:10 PM, <kictanet-request@lists.kictanet.or.ke> wrote:

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Today's Topics:

1. Fw: [Itu2012chapters] African Telecommunications Union (ATU)
25-26 September Meeting (otieno.barrack@gmail.com)
2. Re: Programme for Intermediary Liability study, Wednesday 10
October 2012 (Brandie Martin)
3. Re: Fw: [Itu2012chapters] African Telecommunications Union
(ATU) 25-26 September Meeting (Walubengo J)

----------------------------------------------------------------------

Message: 1
Date: Mon, 8 Oct 2012 15:29:09 +0000
From: otieno.barrack@gmail.com
To: isoc@orion.my.co.ke, "KICTAnet ICT Policy Discussions"
<kictanet@lists.kictanet.or.ke>
Cc: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke>
Subject: [kictanet] Fw: [Itu2012chapters] African Telecommunications
Union (ATU) 25-26 September Meeting
Message-ID:
<711832815-1349710151-cardhu_decombobulator_blackberry.rim.net-188211529-@b3.c12.bise7.blackberry>

Content-Type: text/plain; charset="windows-1252"

Dear Listers,

FYI
-------------- next part --------------
The ATU held its third and final WCIT and WTSA regional preparatory =
meeting 25-26 September in Accra Ghana. =20

Note that the ETNO proposal gained some traction at the ATU meeting but =
that the final language for inclusion in Article 6 requires approval by =
Ministers prior to becoming a full ATU WCIT regional position. =20

The two proposed new articles under final review are:
=20
6.0.5 Member states shall ensure that their regulatory =
frameworks drive the operating agencies to establish mutual commercial =
agreements with providers of international communication applications =
and services in alignment with principles of fair =
competition, innovation, adequate quality of service and security.
=20
6.0.6 The Member States shall take measures to ensure that =
operating agencies have the right to charge providers of international =
communication applications and services appropriate access charges based =
on the agreed quality of service. Regulatory measures may be =
imposed in case that this cannot be achieved through commercial =
arrangements and to the extent that such measures do not hinder =
competition.
=20
The full meeting summary is located at:
=
https://fileshare.tools.isoc.org/wentworth/public/WCIT%20-%20Regional%20Me=
etings/ATU_WCIT_%20Report_Sept2012%20.pdf
=20
Karen Mulberry
Policy Advisor
Internet Society
mulberry@isoc.org
tel: +1.303.668.8855
www.isoc.org

Sent from my BlackBerry?

-----Original Message-----
From: Karen Mulberry <mulberry@isoc.org>
Sender: itu2012chapters-bounces@elists.isoc.org
Date: Mon, 8 Oct 2012 09:02:31
To: ITU Chapter Delegate Lists<itu2012chapters@elists.isoc.org>
Subject: [Itu2012chapters] African Telecommunications Union (ATU) 25-26
September Meeting

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Message: 2
Date: Mon, 8 Oct 2012 11:36:16 -0400
From: Brandie Martin <blm5350@psu.edu>
To: Grace Githaiga <ggithaiga@hotmail.com>
Cc: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke>
Subject: Re: [kictanet] Programme for Intermediary Liability study,
Wednesday 10 October 2012
Message-ID:
<CAMmM3gefA441yRuoNoE8gfD-Yx-54JCn2L1_PKPOGwg+JQ_zng@mail.gmail.com>
Content-Type: text/plain; charset="iso-8859-1"

Dear Grace and Kictanet subscribers:
Does anyone know if the the meeting will be webcast and/or recorded for
distribution online? I am very interested in participating.

If you are not video recording, could I please Skype in to the meeting?

Thank you for your help,
Brandie L. Martin

On Mon, Oct 8, 2012 at 2:50 AM, Grace Githaiga <ggithaiga@hotmail.com>wrote:

> Good morning Listers****
>
>
>
> This is a follow up to an invitation sent out last week for a breakfast
> meeting to discuss a study on intermediary liability in Kenya. ****
>
>
>
> Venue: *Jacaranda Hotel*****
>
> Time: *7.00- 10.00 am*****
>
>
>
>
>
> *The agenda is as follows:*****
>
>
>
> Welcome and background * GG*****
>
> *
> *Initial findings of the Study *Victor Kapiyo*****
>
> *
> *Recommendations *Alice Munyua*****
>
> *
> *Key note Address *Dr Bitange Ndemo*****
>
> *
> *Way forward and Discussions *TESPOK*****
>
> Looking forward to seeing as many of you on Wednesday
>
> Rgds
> GG
>
>
> ------------------------------
> Date: Mon, 1 Oct 2012 19:57:35 +0300
> From: alice@apc.org
> Subject: [kictanet] Discussion intermediary liability in Kenya
> CC: kictanet@lists.kictanet.or.ke
> To: ggithaiga@hotmail.com
>
> Dear Colleagues,
>
> This is an invitation to a discussion on intermediary liability in Kenya
> starting tomorrow Tuesday 2nd October 2012, which will be followed by a
> breakfast meeting on 10th October at jacaranda hotel.
>
> See attached the initial findings of the study on Intermediary Liability
> in Kenya. We welcome comments. Please note that this initial report is a
> forthcoming publication, and it should not be cited publicly until
> November, when the final report will be made available.
>
> The study notes that there is a lack of a clear framework for liability of
> intermediaries and a lot of uncertainty in understanding our evolving
> post-constitution legislative environment particularly in "regards to what
> offenses may happen on communications networks and whether intermediaries
> would be liable or not, this may have contributed to caution
> and self-regulation.
>
> In addition, there seems to be no legislated take down procedures other
> than responding in court to whichever law was cited as broken. Do we need
> a "clear framework for liability of intermediaries, and safe harbor
> legislation? What are the strengths and weaknesses of the current
> situation?
>
> We would like to encourage policy discussions on these issues with the aim
> of providing concrete recommendations and way forward.
>
> Grace Githaiga and Victor Kapiyo will take it from here
>
> Best
>
> Alice
>
>
> This is a project of:
>
> - Kenya ICT Action Network (KICTANET)
> - Open Society Initiative (OSI)
> - Association for Progressive Communications (APC)
> - Google
> - Ministry of Information and Communications
> - Telecommunications Service Providers Association of Kenya (TESPOK)
>
>
> _______________________________________________ kictanet mailing list
> kictanet@lists.kictanet.or.ke
> https://lists.kictanet.or.ke/mailman/listinfo/kictanet Unsubscribe or
> change your options at
> https://lists.kictanet.or.ke/mailman/options/kictanet/ggithaiga%40hotmail.comThe 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@lists.kictanet.or.ke
> https://lists.kictanet.or.ke/mailman/listinfo/kictanet
>
> Unsubscribe or change your options at
> https://lists.kictanet.or.ke/mailman/options/kictanet/blm5350%40psu.edu
>
> 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.
>

--
Brandie Martin, M.S.

Ph.D. Candidate and Graduate Fellow
College of Communications
The Pennsylvania State University
blm5350@psu.edu
website: http://brandiemartin.wordpress.com/
twitter: https://twitter.com/Brandie_Martin
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Message: 3
Date: Mon, 8 Oct 2012 10:02:14 -0700 (PDT)
From: Walubengo J <jwalu@yahoo.com>
To: "otieno.barrack@gmail.com" <otieno.barrack@gmail.com>
Cc: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke>
Subject: Re: [kictanet] Fw: [Itu2012chapters] African
Telecommunications Union (ATU) 25-26 September Meeting
Message-ID:
<1349715734.72052.YahooMailNeo@web160602.mail.bf1.yahoo.com>
Content-Type: text/plain; charset="iso-8859-1"

Thanx Barrack for the Post.? I could not access the summary explanations (must be my? local firewall issues) but from my understanding of the two clauses supported by the African Countries I believe we have reason to be afraid.

ETNO is the proposal being pushed by European Telecoms Operators and my understanding is that they wish to charge Content Providers (Read the Google.com, the Ebay.com, the Amazon.com and closer home the Nation.co.ke, Standardmedia.co.ke, xyzshow.com, etc) based on the traffic attributed to visitors going to their sites.

In simple terms, the ISP hosting the Kenyan Comedy XYZshow.com will now be charged by the upstream Telco providers for each packet (read "eyeball") that views the XYZ show/clips. The current regime is that the ISP simply pays a FIXED amount to the Telco Provider for leasing a certain size of pipe to the Internet e.g pay 250USD for 1MB Internet pipe.? The content and access to and from the ISPs servers was NONE of the Telco's business.? But it appears Telcos now want to introduce and additional charge - over and above the internet pipe charges.? These would be charges based on how "busy" the ISP content servers are.

This approach anticipates to make money for Telcos who have been complaining that their Internet Pipes are kept busy, while the money flocks to the Content Providers in a disproportionate ratio.? So why not charge the Content Providers and get part of the pie?? The blunder with this is that what is charged, the Content Providers will simply pass it on to the consumer.? Accessing content will no longer be "free" the way we have come to understand it.? Content that seats outside Africa will begin to be restricted to African Viewers simply because they will be introducing "eyeballs" that have no returns in terms of Advertisement revenues. Content providers will not hesitate to block such eyeballs since they are being charged by their upstream Telco providers while the prospects of recovering such costs through either Sales of Products, Advertisement, Subscription and other business models is not feasible.

So I would say as Africans, we have to be careful not to fight other peoples battles while hurting ourselves in the process.

walu.

________________________________
From: "otieno.barrack@gmail.com" <otieno.barrack@gmail.com>
To: jwalu@yahoo.com
Cc: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke>
Sent: Monday, October 8, 2012 6:29 PM
Subject: [kictanet] Fw: [Itu2012chapters] African Telecommunications Union (ATU) 25-26 September Meeting

Dear Listers,

FYI

The ATU held its third and final WCIT and WTSA?regional preparatory meeting 25-26 September in Accra Ghana.??

Note that the ETNO proposal gained some?traction at?the ATU meeting but that the final language for inclusion in?Article 6 requires approval by Ministers prior to becoming a full ATU WCIT regional position.??

The two?proposed new articles under final review are:
?
6.0.5 Member states shall ensure that their regulatory?frameworks drive the operating agencies to establish mutual commercial?agreements with providers of?international communication applications and?services in?alignment with principles of fair competition, innovation, adequate?quality of service and security.
?
6.0.6 The Member States shall take measures to ensure that?operating agencies have the right to charge providers of international?communication applications?and services appropriate access charges based on the?agreed quality of service. Regulatory measures may be imposed in case that this?cannot be achieved through?commercial arrangements and to the extent that such?measures do not hinder competition.
?
The full meeting summary is located at:
https://fileshare.tools.isoc.org/wentworth/public/WCIT%20-%20Regional%20Meetings/ATU_WCIT_%20Report_Sept2012%20.pdf
?
Karen Mulberry
Policy Advisor
Internet Society
mulberry@isoc.org
tel: +1.303.668.8855
www.isoc.org

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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.
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