On Fri, Jun 15, 2012 at 12:20 PM, Grace Mutung'u (Bomu)
<
nmutungu@gmail.com> wrote:
>
> I take a different view with this one. Kenyans have always been creative
> with topical situations. The Internet has only provided a platform to show
> it. As long as content is not defamatory, it should remain in the realm of
> freedom of speech. And where content is defamatory, really, someone
> independent should be the one to declare it as such and order it pulled
> down. Afterall, in the real world, a newspaper cannot be pulled out of
> circulation without a court order, neither can misleading ads...
> it is only in very limited circumstances (cyber security) where the State
> should come in....All in all perhaps we need a legislative framework to
> predefine situations in which intermediaries should act...
>
> 2012/6/15 Ali Hussein <
ali@hussein.me.ke>
>>
>> @Barrack
>>
>> Indeed. On the Fair Use question I think the question goes beyond what is
>> at face value. When for example an advertiser decides to run ads that are
>> borderline misleading..kind of straddling the fence so to speak between
>> factual and not then what recourse do consumers have? When you advertise in
>> big headlines that you are offering UNLIMITED INTERNET yet by all intents
>> and purposes its not then we have a problem. The flip-side of course is that
>> customers today are able to vote with their feet and wallets. The problem
>> arises when there is collusion between players. Some of these issues go
>> beyond Telcoms Regulators of course and there is probably a role for the
>> Advertisers Practitioners Association.
>>
>> Ali Hussein
>>
>>
>> On Fri, Jun 15, 2012 at 10:39 AM, Barrack Otieno
>> <
otieno.barrack@gmail.com> wrote:
>>>
>>> @ Ali,
>>>
>>> Interesting questions indeed, reminds me of the hue and cry raised by
>>> the proposed network monitoring that was to be instituted by CCK.
>>> Increasingly the Internet is being viewed as a resource that needs to
>>> be properly managed. I am trying to understand the argument posed by
>>> the Telco regarding use of bandwidth the unlimited option while at the
>>> same time empathising with them since most of the available bandwidth
>>> is acquired from Infrastructure service providers meaning it has to be
>>> used optimumly for the telco to make a return. We also lack content
>>> meaning majority of netizens access foreign content, in my humble
>>> opinion, (Michuki can correct) me accessing the (International)
>>> Internet is more costly than accessing the local Internet. That said
>>> the society has values, the government is a custodian of this value,
>>> any organization licensed to offer goods and services, including
>>> internet related goods and services is an intermediary and has to
>>> abide by certain rules to ensure the society is not contaminated, the
>>> question is how far can we go in the absence of a clear data
>>> protection and freedom of information framework?
>>>
>>> On Fri, Jun 15, 2012 at 9:55 AM, Ali Hussein <
ali@hussein.me.ke> wrote:
>>> > Barrack and all
>>> >
>>> > This is an interesting topic. The question that has always burned
>>> > through me
>>> > is do the laws of a country, natural justice also apply online? I must
>>> > confess I havent read the Communications act in detail and I guess we
>>> > should
>>> > all find time to do that to be able to answer some of the questions I
>>> > pose
>>> > today.
>>> >
>>> > It seems to me that organizations and individuals take creative and
>>> > journalism license to do things that may not necessarily pass muster in
>>> > the
>>> > offline world.
>>> >
>>> > Have these two worlds now come together intrinsically and cannot be
>>> > distinguished?
>>> >
>>> > Should YouTube, Facebook etc be compelled to share advertising revenue
>>> > with
>>> > Safaricom/Airtel/yu/Orange/Access Kenya etc because of the heavy usage
>>> > of
>>> > bandwidth? After all this was one of the key basis of the heated
>>> > discussion
>>> > on Net Neutrality in the US and Europe. Are we going to see the same
>>> > debate
>>> > here?
>>> >
>>> > Where do we draw the line if Telcos decide on their own to institute
>>> > what
>>> > they call Fair Usage rules on bandwidth that a customer has bought?
>>> > Fair
>>> > Usage in my humble opinion is another way of saying that if we feel you
>>> > are
>>> > misusing bandwidth then we will reduce your speeds to a crawl. At least
>>> > one
>>> > Telco has this in its terms and conditions. What does the regulator and
>>> > the
>>> > consumer watchdog have to say about this? Who decides Fair Usage rules?
>>> > Should Telcos be allowed to play judge and jury?
>>> >
>>> > On the other hand we have seen an deluge of bloggers in our midst and
>>> > just
>>> > like mainstream journalism you have the positives and the negatives.
>>> > There
>>> > are those who have already crossed over to the 'dark' side. Picture
>>> > this for
>>> > example. An imposter hijacks a name that he/she doesnt 'own' of a
>>> > prominent
>>> > Government Official. In this case Dr. Alfred Mutua, and uses the
>>> > twitter
>>> > handle @AlfredMutua to pock fun and be outright obnoxious in the tweets
>>> > that
>>> > he posts on twitter. What can the regulator do? What does the
>>> > Government
>>> > Spokesman do? I understand he has written to Twitter himself to try and
>>> > stop
>>> > these tweets. Here's are sample tweets -
>>> >
>>> > @alfredmutua: My highest moment in government was when I was on 20th
>>> > floor
>>> > #theTrend
>>> >
>>> > @alfredmutua: Why do people say I'm not diplomatic? I have several
>>> > diplomas
>>> > from Pivot Point!
>>> >
>>> > @alfredmutua: ♫ ... Suruali yoo, Suruali yo-o-o - mi natafuta Suruali
>>> > yoo
>>> > ... ♫
>>> >
>>> > This is what I call Cyber Terrorism. And there are lots of examples to
>>> > fill
>>> > a whole page. The issue of intermediaries and how we ensure that we
>>> > protect
>>> > Freedom of Speech and Association while at the same time NOT allow it
>>> > to be
>>> > misused is a real issue that needs to be addressed as a matter of
>>> > urgency.
>>> > We already have precedence to this even in this country where people
>>> > have
>>> > been sued for defamatory Facebook updates.
>>> >
>>> > Where do we draw the line?
>>> >
>>> >
>>> > Ali Hussein
>>> >
>>> > +254 773/713 601113
>>> >
>>> > Sent from my iPhone®
>>> >
>>> >
>>> > On Jun 14, 2012, at 9:50 PM, 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/
>>> >>
>>> >> _______________________________________________
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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
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>>> >> ICT
>>> >> sector in support of the national aim of ICT enabled growth and
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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,
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>>> >> not spam, do not market your wares or qualifications.
>>>
>>>
>>>
>>> --
>>> Barrack O. Otieno
>>> +254721325277
>>> +254-20-2498789
>>> Skype: barrack.otieno
>>>
http://www.otienobarrack.me.ke/
>>
>>
>>
>>
>> --
>>
>> Ali Hussein|Managing Partner
>>
>>
>> Telemedia Africa
>> Azania Technology Group
>>
>> Chaka Court, Argwings Kodhek Road
>>
>> P O Box 14556-00100
>>
>> Office: +254 737 751409
>>
>> Cell: +254 773/713 601113
>>
>> Nairobi, Kenya
>>
>>
>>
>>
>>
>> Twitter: @AliHKassim
>>
>> Skype: abu-jomo
>>
>>
>>
>> "You generally hear that what a man doesn't know doesn't hurt him, but in
>> business what a man doesn't know does hurt.". - E. St. Elmo Lewis, member,
>> Advertising Hall of Fame
>>
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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.
>
>
>
>
> --
> Grace L.N. Mutung'u (Bomu)
> Kenya
> Skype: gracebomu
> Twitter: GraceMutung'u (Bomu)
>
>
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