The cyber space is a different kind of a beast.

On Wednesday, 13 January 2016, <kictanet-request@lists.kictanet.or.ke> wrote:

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Today's Topics:

1. Re: Netflix KICTAnet ICT Policy Discussions (Ali Hussein)
2. Fwd: Legislative Update (Grace Mutung'u (Bomu))

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Message: 1
Date: Wed, 13 Jan 2016 12:18:34 +0300
From: Ali Hussein <ali@hussein.me.ke>
To: Linda Ochieng <lindaochieng@yahoo.com>
Cc: "kictanet@lists.kictanet.or.ke" <kictanet@lists.kictanet.or.ke>,
"mutua.ezekiel@yahoo.com" <mutua.ezekiel@yahoo.com>, "jwalu@yahoo.com"
<jwalu@yahoo.com>
Subject: Re: [kictanet] Netflix KICTAnet ICT Policy Discussions
Message-ID: <14770024-77B9-4CE1-9119-F5292F19F75A@hussein.me.ke>
Content-Type: text/plain; charset="utf-8"

Linda

Please see my responses against your comments

Ali Hussein
Principal
Hussein & Associates
+254 0713 601113 / 0770906375

Twitter: @AliHKassim
Skype: abu-jomo
LinkedIn: http://ke.linkedin.com/in/alihkassim
Blog: www.alyhussein.com

"Discovery consists in seeing what everyone else has seen and thinking what no one else has thought". ~ Albert Szent-Gy?rgyi

Sent from my iPad

> On 13 Jan 2016, at 8:10 AM, Linda Ochieng <lindaochieng@yahoo.com> wrote:
>
> I have been following your discussions here and my thoughts specifically on Netflix and online streaming are as follows:
>
> One, as a distributor of audio visual content, Netflix must adhere to the regulations governing distribution of such content in line with all the laws of the Republic of Kenya, irrespective of the type of medium they are using to make that content available to their target consumers. That is the only way the firm?s operations in the country can be legal. As you know, the law applies across the board and does not exempt foreign firms, or users of online platforms.

Ali - Internet Governance issues are in play here and it's not cut and dried as you put. That's why you are seeing two regulators disagreeing. Why don't we then go ahead and also regulate all the other OTT (Over the Top) services like YouTube, Facebook video etc?
>
> Two, it is in interest of the country to protect our cyberspace against infiltration with content that is overly violent and damaging to our national values and morals and security. I a reliably informed that most of the movies distributed via some of these streaming services are rated as suitable for children, yet they have scenes that should not be shown to children. That is rather unfortunate, given that most of our children have access to the Internet. Whose interest are we protecting then when we support such content?

Ali - There is no 'our cyberspace'. That's why it's called the World Wide Web. This suggestion to Balkanise the Internet is to the detriment of us all. We should fight it with all we have.
>
> Three and of even greater concern is the fact that British media reports have in fact indicated that some of the content circulating on these platforms requires secret codes to access, raising considerable suspicion as to what kind of information that is to be distributed in such an overt manner. What is the motive of making the information secret, beyond the subscription restrictions, we should ask?

Ali - As Uhuru said - Policing should start with us. This business of us asking the government to decide for us everything even what we watch in our sitting rooms is a recipe for disaster. We don't want a Morality Police in our country. It starts with you and I. Let's desist from this mentality of 'Serikali saidia'!
>
> Four, there is concern over growing levels of pornographic material available in the country mainly originating from other countries. The source is online platforms. This should worry every good citizen. Radicalization is also one other major concern in online channels of content distribution. This is the reason why KFCB and CA should be given all the support they require by all stakeholders to ensure this kind of content is classified and regulated appropriately. In any case, who is not affected by these challenges?
>
Ali - True. It starts with us. Regulators are not supposed to enter our homes and police us. It's instructive that KFCB and CA are reading from the same script.

> As I have said, everyone is bound by the law. As it is now, all content coming into the country is subject to the laws of Kenya. Without exception. Clearly then, if Netflix fails to submit their content for classification as expected by the law, their operations in Kenya will be illegal and must in that event face the full force of the laws of Kenya. Let us not be against regulation without considering its benefits to our country.

Again true. However, regulators need to also understand that the script has changed. There is a new dispensation afoot. And they need to get on with the program. The days of the telegram are gone. The ITU as we know it also needs to reinvent itself. The CA fortunately is showing us positives (I'm willing to give them the benefit of doubt when it comes to some of the decisions and draft laws they come up. After all we are not perfect!) and they really need to continue in the same vein.
>
> Regards
>
> Linda
> Amazon Tech Heights. Org
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Message: 2
Date: Wed, 13 Jan 2016 12:46:09 +0300
From: "Grace Mutung'u (Bomu)" <nmutungu@gmail.com>
To: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke>
Subject: [kictanet] Fwd: Legislative Update
Message-ID:
<CAMwG4pyV31CZPL009mRoLqr7omJYV2Sz710HyHsjkEj2zYjrmg@mail.gmail.com>
Content-Type: text/plain; charset="utf-8"

Listers,
FYI.

January 8, 2016, Legislative Update 001
See it Online
<http://us7.campaign-archive1.com/?u=f42c73e8d9f3ec44858944bb5&id=82b0de79cd&e=66073bbaf9>
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Kenya Law Legislative Updates

*Statute Law (Miscellaneous Amendments) Act, No. 25 of 2015*
<http://kenyalaw.us7.list-manage.com/track/click?u=f42c73e8d9f3ec44858944bb5&id=3f766c108d&e=66073bbaf9>
This is an Act of Parliament that provides minor amendments to various
statutes such as the Criminal Procedure Code, Judicial Service Act,
National Police Service Act,
Environment and Land Court Act, Universities Act and Prevention of
Terrorism Act. It came into operation upon publication in the Gazette on
24th December, 2015.

*Government Proceedings (Amendment) Act, No. 35 of 2015
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The purpose of this Act is to amend the Government Proceedings Act, Cap.40
and it came into operation on 7th January, 2016.

*Kenya National Examination Council (Amendment) Act, No. 31 of 2015*
<http://kenyalaw.us7.list-manage.com/track/click?u=f42c73e8d9f3ec44858944bb5&id=d4cddf7408&e=66073bbaf9>
The purpose of this Act is to amend the Kenya National Examination Council
Act, Cap.225. It came into operation on 2nd January, 2016.

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