KIC (Amendement) Bill - Communications during emergency
Listers, I managed to catch the tail end of the stakeholder deliberations today, and wonder if I'm the only one uncomfortable with this section below in the Kenya Information and Communication Bill? Am I unduly concerned or others feel the same? Worth debating? Concerned Edith =============== 102B. (1) Upon the declaration of a state of emergency under Article 58 of the Constitution, the Authority may give a direction to any communications service provider that their entitlement to provide communication services has either been: (a) suspended, either generally or in relation to specific services, networks or facilities ; or (b) restricted or modified with respect to the provisions given in the direction. (2) The restriction or modification under subsection (1) (b) of this section may include- (a) provisions for the taking, removal, addition, construction, control or the usage for purposes of mitigating public emergencies or disasters of, all or any such communication system, equipment or services under this Act; and (b) provisions for the stopping, delaying and censoring of messages and broadcasts and the carrying out of any other purposes which the Authority thinks necessary to facilitate the direction given. (3) A direction under this section shall apply only for the duration of the state of emergency
Well there was a feeling that based on 2007, it is a valid propasal. On Jul 9, 2013 10:53 PM, "Edith Adera" <eadera@idrc.ca> wrote:
Listers,****
** **
I managed to catch the tail end of the stakeholder deliberations today, and wonder if I’m the only one uncomfortable with this section below in the Kenya Information and Communication Bill?****
** **
Am I unduly concerned or others feel the same? Worth debating?****
** **
Concerned Edith****
** **
===============****
*102B*. (1) Upon the declaration of a state of emergency under Article 58 of the Constitution, the Authority may give a direction to any communications service provider that their entitlement to provide communication services has either been: ****
(a) suspended, either generally or in relation to specific services, networks or facilities ; or ****
(b) restricted or modified with respect to the provisions given in the direction. ****
** **
(2) The restriction or modification under subsection (1) (b) of this section may include— ****
(a) provisions for the taking, removal, addition, construction, control or the usage for purposes of mitigating public emergencies or disasters of, all or any such communication system, equipment or services under this Act; and ****
(b) provisions for the stopping, delaying and censoring of messages and broadcasts and the carrying out of any other purposes which the Authority thinks necessary to facilitate the direction given. ****
** **
(3) A direction under this section shall apply only for the duration of the state of emergency ****
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Yes. I would agree. Society unfortunately has to have certain precautionary steps put in place to protect national Interest. One can only hope that it is not misused. Ali Hussein CEO | 3mice interactive media Ltd Principal | Telemedia Africa Ltd +254 713 601113/ 0770 906375 "The future belongs to him who knows how to wait." - Russian Proverb Sent from my iPad On Jul 9, 2013, at 10:56 PM, Barrack Otieno <otieno.barrack@gmail.com> wrote:
Well there was a feeling that based on 2007, it is a valid propasal.
On Jul 9, 2013 10:53 PM, "Edith Adera" <eadera@idrc.ca> wrote:
Listers,
I managed to catch the tail end of the stakeholder deliberations today, and wonder if I’m the only one uncomfortable with this section below in the Kenya Information and Communication Bill?
Am I unduly concerned or others feel the same? Worth debating?
Concerned Edith
===============
102B. (1) Upon the declaration of a state of emergency under Article 58 of the Constitution, the Authority may give a direction to any communications service provider that their entitlement to provide communication services has either been:
(a) suspended, either generally or in relation to specific services, networks or facilities ; or
(b) restricted or modified with respect to the provisions given in the direction.
(2) The restriction or modification under subsection (1) (b) of this section may include—
(a) provisions for the taking, removal, addition, construction, control or the usage for purposes of mitigating public emergencies or disasters of, all or any such communication system, equipment or services under this Act; and
(b) provisions for the stopping, delaying and censoring of messages and broadcasts and the carrying out of any other purposes which the Authority thinks necessary to facilitate the direction given.
(3) A direction under this section shall apply only for the duration of the state of emergency
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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, do not spam, do not market your wares or qualifications.
To address the matter, one needs to first look at the circumstances leading to a state of emergency. Section 58 of the Constitution gives two conditions: (a) the State is threatened by war, invasion, general insurrection, disorder, natural disaster or other public emergency; and (b) the declaration is necessary to meet the circumstances for which the emergency is declared. Of the conditions above, it is only natural disasters and civil disorder that the service providers and the government have mitigating systems in place. Infrastructure is duplicated (e.g fibre and satellite). Further, most countries have emergency communication systems specifically to address disasters and disorders (see this paper on UK emergency communication); and come the worst, states use the Tampere Convention to allow faster importation of telecommunication equipment. War and invasion are probably more difficult to deal with. The state my wish to send warning messages to citizen but at the worst, the enemy may use our national communication infrastructure (especially mobile communications) to communicate thus avoiding detection by military intelligence. On the lighter note, the concerns Edith has upon seeing this statement in the law is easy to understand, As early as 2004, a newly appointed government official got very mad with government efforts to liberalize the communications sector. He asked “Tell me, If we sell Telkom to a foreign firm and the government wants to do something – What will I use?” Somebody informed him that if what the government wants to do is legitimate, then any service provider will certainly provide the service. He went further and asked “At no fee? And suppose it is an emergency and we have all these complex procurement regulations in place. The Government should just wait?” Finally somebody produced the Communications Act of 1998 and referred him to Section 88 and informed him that during a state of emergency, the government can take temporary possession of any communication system as provided for in the section. This provision has always been in our laws and indeed exists in many other jurisdictions. Best Regards James Kulubi ________________________________ From: Ali Hussein <ali@hussein.me.ke> To: jkulubi@yahoo.co.uk Cc: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke> Sent: Wednesday, 10 July 2013, 4:32 Subject: Re: [kictanet] KIC (Amendement) Bill - Communications during emergency Yes. I would agree. Society unfortunately has to have certain precautionary steps put in place to protect national Interest. One can only hope that it is not misused. Ali Hussein CEO | 3mice interactive media Ltd Principal | Telemedia Africa Ltd +254 713 601113/ 0770 906375 "The future belongs to him who knows how to wait." - Russian Proverb Sent from my iPad On Jul 9, 2013, at 10:56 PM, Barrack Otieno <otieno.barrack@gmail.com> wrote: Well there was a feeling that based on 2007, it is a valid propasal.
On Jul 9, 2013 10:53 PM, "Edith Adera" <eadera@idrc.ca> wrote:
Listers,
I managed to catch the tail end of the stakeholder deliberations today, and wonder if I’m the only one uncomfortable with this section below in the Kenya Information and Communication Bill? Am I unduly concerned or others feel the same? Worth debating? Concerned Edith =============== 102B. (1) Upon the declaration of a state of emergency under Article 58 of the Constitution, the Authority may give a direction to any communications service provider that their entitlement to provide communication services has either been: (a) suspended, either generally or in relation to specific services, networks or facilities ; or (b) restricted or modified with respect to the provisions given in the direction. (2) The restriction or modification under subsection (1) (b) of this section may include— (a) provisions for the taking, removal, addition, construction, control or the usage for purposes of mitigating public emergencies or disasters of, all or any such communication system, equipment or services under this Act; and (b) provisions for the stopping, delaying and censoring of messages and broadcasts and the carrying out of any other purposes which the Authority thinks necessary to facilitate the direction given. (3) A direction under this section shall apply only for the duration of the state of emergency _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet
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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, do not spam, do not market your wares or qualifications.
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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.
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/jkulubi%40yahoo.co.uk 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.
mmm…interesting elaboration of the possible scenarios Mr Kulubi. So maybe the provision needs to be abit more elaborate and explain some of these conditions. We have seen such provisions misused in the past! From: kictanet [mailto:kictanet-bounces+eadera=idrc.ca@lists.kictanet.or.ke] On Behalf Of James Kulubi Sent: July 10, 2013 9:24 AM To: Edith Adera Cc: KICTAnet ICT Policy Discussions Subject: Re: [kictanet] KIC (Amendement) Bill - Communications during emergency To address the matter, one needs to first look at the circumstances leading to a state of emergency. Section 58 of the Constitution gives two conditions: (a) the State is threatened by war, invasion, general insurrection, disorder, natural disaster or other public emergency; and (b) the declaration is necessary to meet the circumstances for which the emergency is declared. Of the conditions above, it is only natural disasters and civil disorder that the service providers and the government have mitigating systems in place. Infrastructure is duplicated (e.g fibre and satellite). Further, most countries have emergency communication systems specifically to address disasters and disorders (see this paper on UK emergency communication<http://www.zmne.hu/aarms/docs/Volume4/Issue2/pdf/01nemeth.pdf>); and come the worst, states use the Tampere Convention<http://www.itu.int/ITU-D/emergencytelecoms/tampere.html> to allow faster importation of telecommunication equipment. War and invasion are probably more difficult to deal with. The state my wish to send warning messages to citizen but at the worst, the enemy may use our national communication infrastructure (especially mobile communications) to communicate thus avoiding detection by military intelligence. On the lighter note, the concerns Edith has upon seeing this statement in the law is easy to understand, As early as 2004, a newly appointed government official got very mad with government efforts to liberalize the communications sector. He asked “Tell me, If we sell Telkom to a foreign firm and the government wants to do something – What will I use?” Somebody informed him that if what the government wants to do is legitimate, then any service provider will certainly provide the service. He went further and asked “At no fee? And suppose it is an emergency and we have all these complex procurement regulations in place. The Government should just wait?” Finally somebody produced the Communications Act of 1998<http://www.cck.go.ke/regulations/downloads/The_Kenya_Communications_Act_1998.pdf> and referred him to Section 88 and informed him that during a state of emergency, the government can take temporary possession of any communication system as provided for in the section. This provision has always been in our laws and indeed exists in many other jurisdictions. Best Regards James Kulubi ________________________________ From: Ali Hussein <ali@hussein.me.ke<mailto:ali@hussein.me.ke>> To: jkulubi@yahoo.co.uk<mailto:jkulubi@yahoo.co.uk> Cc: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke<mailto:kictanet@lists.kictanet.or.ke>> Sent: Wednesday, 10 July 2013, 4:32 Subject: Re: [kictanet] KIC (Amendement) Bill - Communications during emergency Yes. I would agree. Society unfortunately has to have certain precautionary steps put in place to protect national Interest. One can only hope that it is not misused. Ali Hussein CEO | 3mice interactive media Ltd Principal | Telemedia Africa Ltd +254 713 601113/ 0770 906375 "The future belongs to him who knows how to wait." - Russian Proverb Sent from my iPad On Jul 9, 2013, at 10:56 PM, Barrack Otieno <otieno.barrack@gmail.com<mailto:otieno.barrack@gmail.com>> wrote: Well there was a feeling that based on 2007, it is a valid propasal. On Jul 9, 2013 10:53 PM, "Edith Adera" <eadera@idrc.ca<mailto:eadera@idrc.ca>> wrote: Listers, I managed to catch the tail end of the stakeholder deliberations today, and wonder if I’m the only one uncomfortable with this section below in the Kenya Information and Communication Bill? Am I unduly concerned or others feel the same? Worth debating? Concerned Edith =============== 102B. (1) Upon the declaration of a state of emergency under Article 58 of the Constitution, the Authority may give a direction to any communications service provider that their entitlement to provide communication services has either been: (a) suspended, either generally or in relation to specific services, networks or facilities ; or (b) restricted or modified with respect to the provisions given in the direction. (2) The restriction or modification under subsection (1) (b) of this section may include— (a) provisions for the taking, removal, addition, construction, control or the usage for purposes of mitigating public emergencies or disasters of, all or any such communication system, equipment or services under this Act; and (b) provisions for the stopping, delaying and censoring of messages and broadcasts and the carrying out of any other purposes which the Authority thinks necessary to facilitate the direction given. (3) A direction under this section shall apply only for the duration of the state of emergency _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke<mailto: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/otieno.barrack%40gmail... 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. _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke<mailto: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/info%40alyhussein.com 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. _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke<mailto: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/jkulubi%40yahoo.co.uk 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.
It may interest list members to know that debate on hikes to British MPs salary is a replay of what happened in Kenya recently with one major difference - the hike in UK will take place in 2015. Even with the deferment, it appears that the ordinary Briton is not amused. See link below. http://news.sky.com/story/1114374/mps-pay-watchdog-backs-hike-to-74000
I think this sounds different because the salary is not being fixed to benefit a sitting parliament. ______________________ Mwendwa Kivuva twitter.com/lordmwesh google ID | Skype ID: lordmwesh On 11 July 2013 16:36, James Kulubi <jkulubi@yahoo.co.uk> wrote:
It may interest list members to know that debate on hikes to British MPs salary is a replay of what happened in Kenya recently with one major difference - the hike in UK will take place in 2015. Even with the deferment, it appears that the ordinary Briton is not amused. See link below. http://news.sky.com/story/1114374/mps-pay-watchdog-backs-hike-to-74000
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It's also ever so slightly different as UK's GDP is 2.4 trillion USD and Kenya's is 33.2billion USD, yet Kenyan MPs are paid better than almost any other MP in the world, including the UK. N. From: Kivuva <Kivuva@transworldafrica.com> Date: Thu, 11 Jul 2013 18:32:58 +0300 To: Nicholas Dear <ndear@sundayafternoon.me.uk> Cc: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke> Subject: Re: [kictanet] MPs Salary Debate not Unique to Kenya I think this sounds different because the salary is not being fixed to benefit a sitting parliament. ______________________ Mwendwa Kivuva twitter.com/lordmwesh <http://twitter.com/lordmwesh> google ID | Skype ID: lordmwesh On 11 July 2013 16:36, James Kulubi <jkulubi@yahoo.co.uk> wrote:
It may interest list members to know that debate on hikes to British MPs salary is a replay of what happened in Kenya recently with one major difference - the hike in UK will take place in 2015. Even with the deferment, it appears that the ordinary Briton is not amused. See link below. http://news.sky.com/story/1114374/mps-pay-watchdog-backs-hike-to-74000
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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.
_______________________________________________ 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/ndear%40sundayafternoo n.me.uk 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.
Yes they are debating their salary increase but at what I rwad and heard is 10%!!!!! Or whatever. It certainly not what our MP's are demanding!!! Ours havent even done the job yet and they want more money!! What audacity!! On 11 Jul 2013 18:41, "Kivuva" <Kivuva@transworldafrica.com> wrote:
I think this sounds different because the salary is not being fixed to benefit a sitting parliament. ______________________ Mwendwa Kivuva twitter.com/lordmwesh google ID | Skype ID: lordmwesh
On 11 July 2013 16:36, James Kulubi <jkulubi@yahoo.co.uk> wrote:
It may interest list members to know that debate on hikes to British MPs salary is a replay of what happened in Kenya recently with one major difference - the hike in UK will take place in 2015. Even with the deferment, it appears that the ordinary Briton is not amused. See link below. http://news.sky.com/story/1114374/mps-pay-watchdog-backs-hike-to-74000
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participants (7)
-
Ali Hussein -
Barrack Otieno -
Edith Adera -
James Kulubi -
Kivuva -
Lizette Kraft -
Nicholas J Henderson-Dear