Kenya IGF on line Discussions Day 2: Intermediary Liability
From a Kenyan perspective, it is important to consider mobile service
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’. 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/
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 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.
@ 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/
_______________________________________________ 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/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.
-- Barrack O. Otieno +254721325277 +254-20-2498789 Skype: barrack.otieno http://www.otienobarrack.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?
Barrack and all
This is an interesting topic. The question that has always burned
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
today.
It seems to me that organizations and individuals take creative and journalism license to do things that may not necessarily pass muster in
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
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
Government Official. In this case Dr. Alfred Mutua, and uses the twitter handle @AlfredMutua to pock fun and be outright obnoxious in the tweets
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
On Fri, Jun 15, 2012 at 9:55 AM, Ali Hussein <ali@hussein.me.ke> wrote: through me pose the the prominent that 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/
_______________________________________________ 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/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.
-- 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
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?
Barrack and all
This is an interesting topic. The question that has always burned
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
today.
It seems to me that organizations and individuals take creative and journalism license to do things that may not necessarily pass muster in
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
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
example. An imposter hijacks a name that he/she doesnt 'own' of a
Government Official. In this case Dr. Alfred Mutua, and uses the twitter handle @AlfredMutua to pock fun and be outright obnoxious in the tweets
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
On Fri, Jun 15, 2012 at 9:55 AM, Ali Hussein <ali@hussein.me.ke> wrote: through me pose the the this for prominent that 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/
_______________________________________________ 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/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.
-- 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
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet
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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)
Interesting observation Grace, reminds me of a scenario last week of a local daily that published a photo ostensibly of a letter depicting the ill fated police chopper (may our leaders and officers rest in peace) coming down, one of the media stations accidentaly showed graphical footage of the scene and apologised that the footage was unedited, i heard from the grapevine that the PS personally delivered a protest letter to the media council, we saw an apology on social media i also recall the drama in Muliro gardens last year in which disturbing photos ended up doing rounds in social media, does the media council really act? What is your take from a legal perspective? 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 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.
-- 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
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet
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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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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.
-- Barrack O. Otieno +254721325277 +254-20-2498789 Skype: barrack.otieno http://www.otienobarrack.me.ke/
I was very impressed that the PS complained to the Media Council, the (independent) body that is supposed to take action. (Un) fortunately, the apologies and retraction were done before we officially heard from the Media Council. It would have been interesting to hear their verdict on this one. The independence of the Media Council and its transparency in dealing with complaints becomes the issue. From their website, we cannot establish complaints received ( they only give a number) or read their decisions. Perhaps somebody from the Council can point us to the right direction.... Anyway, the Council is among the bodies to be re-established under the new Constitution and I hope in that process we can achieve the ideal body. 2012/6/15 Barrack Otieno <otieno.barrack@gmail.com>
Interesting observation Grace, reminds me of a scenario last week of a local daily that published a photo ostensibly of a letter depicting the ill fated police chopper (may our leaders and officers rest in peace) coming down, one of the media stations accidentaly showed graphical footage of the scene and apologised that the footage was unedited, i heard from the grapevine that the PS personally delivered a protest letter to the media council, we saw an apology on social media i also recall the drama in Muliro gardens last year in which disturbing photos ended up doing rounds in social media, does the media council really act? What is your take from a legal perspective?
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
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
customers today are able to vote with their feet and wallets. The
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
systems, e-commerce intermediaries and participative networking platforms which include internet publishing and broadcasting
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/
_______________________________________________ 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/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
show that problem payment platforms privacy,
do 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
_______________________________________________ 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/nmutungu%40gmail.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.
-- Grace L.N. Mutung'u (Bomu) Kenya Skype: gracebomu Twitter: GraceMutung'u (Bomu)
_______________________________________________ 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/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.
-- Barrack O. Otieno +254721325277 +254-20-2498789 Skype: barrack.otieno http://www.otienobarrack.me.ke/
-- Grace L.N. Mutung'u (Bomu) Kenya Skype: gracebomu Twitter: GraceMutung'u (Bomu)
@Grace on pulldown of content. I think the precedent was the Godfrey vs Demon internet case http://www.nominet.org.uk/disputes/caselaw/index/godfrey/ . The net result being that if an individual feels that an internet post has defamed him and he asks the hosting company to remove the contet. If they refuse to do so they can then also be party to the eventual court case. If you were the ISP and got a request would you quote freedom of speech for your client or would you protect your companies interests by removing the said content ??. Unfortunately most ISP’s remove the content. In fact there was talk of a famous Russian millionaire in Europe who had a team of lawyers focused on takedowns of any website that were defaming him. And this was a very successful strategy. So as you see self-preservation is more powerful than freedom of speech to the internet publishers. Regards From: kictanet [mailto:kictanet-bounces+ntegeb=one2net.co.ug@lists.kictanet.or.ke] On Behalf Of Grace Mutung'u (Bomu) Sent: Friday, June 15, 2012 12:21 PM To: ntegeb@one2net.co.ug Cc: KICTAnet ICT Policy Discussions Subject: Re: [kictanet] Kenya IGF on line Discussions Day 2: Intermediary Liability 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/
_______________________________________________ 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/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.
-- 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 _______________________________________________ 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/nmutungu%40gmail.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. -- Grace L.N. Mutung'u (Bomu) Kenya Skype: gracebomu Twitter: GraceMutung'u (Bomu)
@ Badru, interesting case.....presicely why another body should be the one to determine content to be pulled down... 2012/6/15, Badru Ntege <ntegeb@one2net.co.ug>:
@Grace on pulldown of content.
I think the precedent was the Godfrey vs Demon internet case http://www.nominet.org.uk/disputes/caselaw/index/godfrey/ . The net result being that if an individual feels that an internet post has defamed him and he asks the hosting company to remove the contet. If they refuse to do so they can then also be party to the eventual court case. If you were the ISP and got a request would you quote freedom of speech for your client or would you protect your companies interests by removing the said content ??.
Unfortunately most ISP’s remove the content. In fact there was talk of a famous Russian millionaire in Europe who had a team of lawyers focused on takedowns of any website that were defaming him. And this was a very successful strategy.
So as you see self-preservation is more powerful than freedom of speech to the internet publishers.
Regards
From: kictanet [mailto:kictanet-bounces+ntegeb=one2net.co.ug@lists.kictanet.or.ke] On Behalf Of Grace Mutung'u (Bomu) Sent: Friday, June 15, 2012 12:21 PM To: ntegeb@one2net.co.ug Cc: KICTAnet ICT Policy Discussions Subject: Re: [kictanet] Kenya IGF on line Discussions Day 2: Intermediary Liability
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/
_______________________________________________ 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/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.
-- 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
_______________________________________________ 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/nmutungu%40gmail.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.
-- Grace L.N. Mutung'u (Bomu) Kenya Skype: gracebomu Twitter: GraceMutung'u (Bomu)
-- Grace L.N. Mutung'u (Bomu) Kenya Skype: gracebomu Twitter: GraceMutung'u (Bomu)
Controlling content on the internet is very hard because "What is a crime in one geographical region is not necessarily a crime in another jurisdiction." There is precedence elsewhere. This was evident in the Yahoo-France Memorabilia Court Case where LICRA complained that Yahoo! were allowing their online auction service to be used for the sale of memorabilia from the Nazi period, contrary to Article R645-1 of the French Criminal Code. The defense rested on the fact that these auctions were conducted under the jurisdiction of the United States. It was claimed that there were no technical means to prevent French residents from participating in these auctions, at least without placing the company in financial difficulty and compromising the existence of the Internet. The defendants noted 1. that their servers were located on US territory, 2. that their services were primarily aimed at US residents, 3. that the First Amendment to the United States Constitution guarantees freedom of speech and expression, and that any attempt to enforce a judgement in the United States would fail for unconstitutionality. For more information visit http://en.wikipedia.org/wiki/LICRA_v._Yahoo! -- ______________________ Mwendwa Kivuva For Business Development Transworld Computer Channels Cel: 0722402248 twitter.com/lordmwesh transworldAfrica.com | Fluent in computing kenya.or.ke | The Kenya we know
@Ali I think there is a failure of consumer protection laws and policies which would then be able to protect the buyer and put the responsibility on the seller to deliver what he sells. The Sale of Goods Act 1979 in the UK or similar would put an end to the word games being used by suppliers. http://www.businesslink.gov.uk/bdotg/action/layer?topicId=1074027367 regards From: kictanet [mailto:kictanet-bounces+ntegeb=one2net.co.ug@lists.kictanet.or.ke] On Behalf Of Ali Hussein Sent: Friday, June 15, 2012 11:04 AM To: ntegeb@one2net.co.ug Cc: KICTAnet ICT Policy Discussions Subject: Re: [kictanet] Kenya IGF on line Discussions Day 2: Intermediary Liability @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/
_______________________________________________ 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/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.
-- 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
Back home, Its was just recently that KENIC in conjunction with Safaricom arm twisted a registrar to pull down a domain registered by a disgruntled customer. Safaricon.co.ke had content that was making Safaricom very very uncomfortable. I would have wished to know how the court would have handled this case. More on http://bake.or.ke/blog_feed_item/12277 Before that, there was a fake Equity Bank website Equitybanknig-plc.com that was a clone of the real website equitybank.co.ke, and "experts" suspected it was a phishing website. I would have wished to know how that was resolved http://businessinfocus.blogspot.com/2009/09/equity-banks-membership-drive-at... On 14/06/2012, 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/ _______________________________________________ Skunkworks mailing list Skunkworks@lists.my.co.ke ------------ List info, subscribe/unsubscribe http://orion.my.co.ke/cgi-bin/mailman/listinfo/skunkworks ------------
Skunkworks Rules http://my.co.ke/phpbb/viewtopic.php?f=24&t=94 ------------ Other services @ http://my.co.ke
-- ______________________ Mwendwa Kivuva For Business Development Transworld Computer Channels Cel: 0722402248 twitter.com/lordmwesh transworldAfrica.com | Fluent in computing kenya.or.ke | The Kenya we know
todays Nation had an interesting story on intermediary liability in "a letter from London" see nation.co.ke/oped/Opinion/Crackdown+planned+on+cruel+Internet+hoaxes+/-/440808/1429216/-/aie6ej/-/index.html 2012/6/17, Kivuva <Kivuva@transworldafrica.com>:
Back home, Its was just recently that KENIC in conjunction with Safaricom arm twisted a registrar to pull down a domain registered by a disgruntled customer. Safaricon.co.ke had content that was making Safaricom very very uncomfortable. I would have wished to know how the court would have handled this case. More on http://bake.or.ke/blog_feed_item/12277
Before that, there was a fake Equity Bank website Equitybanknig-plc.com that was a clone of the real website equitybank.co.ke, and "experts" suspected it was a phishing website. I would have wished to know how that was resolved http://businessinfocus.blogspot.com/2009/09/equity-banks-membership-drive-at...
On 14/06/2012, 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/ _______________________________________________ Skunkworks mailing list Skunkworks@lists.my.co.ke ------------ List info, subscribe/unsubscribe http://orion.my.co.ke/cgi-bin/mailman/listinfo/skunkworks ------------
Skunkworks Rules http://my.co.ke/phpbb/viewtopic.php?f=24&t=94 ------------ Other services @ http://my.co.ke
-- ______________________ Mwendwa Kivuva For Business Development Transworld Computer Channels Cel: 0722402248 twitter.com/lordmwesh transworldAfrica.com | Fluent in computing kenya.or.ke | The Kenya we know _______________________________________________ Skunkworks mailing list Skunkworks@lists.my.co.ke ------------ List info, subscribe/unsubscribe http://orion.my.co.ke/cgi-bin/mailman/listinfo/skunkworks ------------
Skunkworks Rules http://my.co.ke/phpbb/viewtopic.php?f=24&t=94 ------------ Other services @ http://my.co.ke
-- Grace L.N. Mutung'u (Bomu) Kenya Skype: gracebomu Twitter: GraceMutung'u (Bomu)
Interesting discussions here. I think the challenges that we have locally are that (1) there is no law, (2) where there is, it is deficient, unclear and untested in the courts. With regard to the fair use - sale of goods act - consumer protection debate, one problem is that consumers sign contracts for services with the ISPs; and these contracts always have a fair use clause, such that by signing you are deemed to accept their fair use policy. This in effect seems to derogate from the core principles of the sale of goods act - fitness of description, purpose etc. But that is if you are looking at it from the service perspective. The SOGA is silent about the regulation of services, unlike the SOGA UK which has very clear provisions. But then again if you are to look at the issue from a goods perspective, such that data (bundles) are the goods to be delivered at a certain speed in a given period, then the fair use principle would fail, and thus require the ISP to provide the 'unlimited internet'.
From a consumer protection perspective, I think that action should be taken against some ISPs for fraudulent / misleading advertising, like in the case of Apple <http://www.bbc.co.uk/news/technology-18059732> in the UK over the ad of the new ipad. In addition, there should be regulations mandating ISPs to disclose their 'fair use policies' and state clearly how they are implemented. In my view, throttling speeds when full speeds have been paid for would amount to obtaining by false pretences - which is criminal!
Our courts are slowly starting to deal with such issues. Recently<http://www.nation.co.ke/Tech/Pull+out+Facebook+post+hotel+ordered+/-/1017288/1426096/-/t6uyb3/-/index.html>, a court ordered a hotel to take down a post from Facebook which was discriminatory. This is a good step and we may see more of this, esp. now with a new constitution, legislation on hate speech etc. In addition, Safcom's new guidelines<http://www.nation.co.ke/News/politics/Safaricom+issues+tough+guidelines+on+political+messages+/-/1064/1429144/-/95yclmz/-/index.html>on messages presents an interesting dimension to the role intermediaries should play. I think its a good effort but it may have a limited effect given the ease with which people can still purchase sim cards. Nonetheless, while courts are the best arbiters for such issues, it mustn't be forgotten that they can only pronounce on them if people went to court. Sadly, no one is keen on incurring costs, so the corporates will always win. Also, the lack of proper legislation also leads to increasing cases of administrative actions eg by cck, kenic as cited, which may fail the due process test. But i remain hopeful. Victor On 17 June 2012 21:55, Grace Mutung'u (Bomu) <nmutungu@gmail.com> wrote:
todays Nation had an interesting story on intermediary liability in "a letter from London" see
nation.co.ke/oped/Opinion/Crackdown+planned+on+cruel+Internet+hoaxes+/-/440808/1429216/-/aie6ej/-/index.html
2012/6/17, Kivuva <Kivuva@transworldafrica.com>:
Back home, Its was just recently that KENIC in conjunction with Safaricom arm twisted a registrar to pull down a domain registered by a disgruntled customer. Safaricon.co.ke had content that was making Safaricom very very uncomfortable. I would have wished to know how the court would have handled this case. More on http://bake.or.ke/blog_feed_item/12277
Before that, there was a fake Equity Bank website Equitybanknig-plc.com that was a clone of the real website equitybank.co.ke, and "experts" suspected it was a phishing website. I would have wished to know how that was resolved
http://businessinfocus.blogspot.com/2009/09/equity-banks-membership-drive-at...
On 14/06/2012, 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/ _______________________________________________ Skunkworks mailing list Skunkworks@lists.my.co.ke ------------ List info, subscribe/unsubscribe http://orion.my.co.ke/cgi-bin/mailman/listinfo/skunkworks ------------
Skunkworks Rules http://my.co.ke/phpbb/viewtopic.php?f=24&t=94 ------------ Other services @ http://my.co.ke
-- ______________________ Mwendwa Kivuva For Business Development Transworld Computer Channels Cel: 0722402248 twitter.com/lordmwesh transworldAfrica.com | Fluent in computing kenya.or.ke | The Kenya we know _______________________________________________ Skunkworks mailing list Skunkworks@lists.my.co.ke ------------ List info, subscribe/unsubscribe http://orion.my.co.ke/cgi-bin/mailman/listinfo/skunkworks ------------
Skunkworks Rules http://my.co.ke/phpbb/viewtopic.php?f=24&t=94 ------------ Other services @ http://my.co.ke
-- Grace L.N. Mutung'u (Bomu) Kenya Skype: gracebomu Twitter: GraceMutung'u (Bomu) _______________________________________________ isoc mailing list isoc@orion.my.co.ke http://orion.my.co.ke/cgi-bin/mailman/listinfo/isoc
-- Victor Kapiyo, LL.B ==================================================== *“Your attitude, not your aptitude, will determine your altitude” Zig Ziglar *
Interesting observations Victor, how can we bring the courts on board or better still how can we safeguard the interests of those who cannot challenge the Telcos in court? Best Regards Sent from my BlackBerry® -----Original Message----- From: Victor Kapiyo <vkapiyo@gmail.com> Sender: "kictanet" <kictanet-bounces+otieno.barrack=gmail.com@lists.kictanet.or.ke>Date: Mon, 18 Jun 2012 11:31:22 To: <otieno.barrack@gmail.com> Cc: KICTAnet ICT Policy Discussions<kictanet@lists.kictanet.or.ke> Subject: Re: [kictanet] [ISOC_KE] [Skunkworks] Kenya IGF on line Discussions Day 2: Intermediary Liability _______________________________________________ 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/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.
Listers Probably a good idea to get comments from the consumer watchdog? Regards Ali Hussein +254 773/713 601113 Sent from my iPhone® On Jun 18, 2012, at 11:47 AM, otieno.barrack@gmail.com wrote:
Interesting observations Victor, how can we bring the courts on board or better still how can we safeguard the interests of those who cannot challenge the Telcos in court?
Best Regards Sent from my BlackBerry®
-----Original Message----- From: Victor Kapiyo <vkapiyo@gmail.com> Sender: "kictanet" <kictanet-bounces+otieno.barrack=gmail.com@lists.kictanet.or.ke>Date: Mon, 18 Jun 2012 11:31:22 To: <otieno.barrack@gmail.com> Cc: KICTAnet ICT Policy Discussions<kictanet@lists.kictanet.or.ke> Subject: Re: [kictanet] [ISOC_KE] [Skunkworks] Kenya IGF on line Discussions Day 2: Intermediary Liability
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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
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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.
Agreed Ali, we have a couple of Consumer watchdogs around it would be great to get their opinion on the same. Best Regards On Mon, Jun 18, 2012 at 11:50 AM, Ali Hussein <ali@hussein.me.ke> wrote:
Listers
Probably a good idea to get comments from the consumer watchdog?
Regards
Ali Hussein
+254 773/713 601113
Sent from my iPhone®
On Jun 18, 2012, at 11:47 AM, otieno.barrack@gmail.com wrote:
Interesting observations Victor, how can we bring the courts on board or better still how can we safeguard the interests of those who cannot challenge the Telcos in court?
Best Regards Sent from my BlackBerry®
-----Original Message----- From: Victor Kapiyo <vkapiyo@gmail.com> Sender: "kictanet" <kictanet-bounces+otieno.barrack=gmail.com@lists.kictanet.or.ke>Date: Mon, 18 Jun 2012 11:31:22 To: <otieno.barrack@gmail.com> Cc: KICTAnet ICT Policy Discussions<kictanet@lists.kictanet.or.ke> Subject: Re: [kictanet] [ISOC_KE] [Skunkworks] Kenya IGF on line Discussions Day 2: Intermediary Liability
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet
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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/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.
-- Barrack O. Otieno +254721325277 +254-20-2498789 Skype: barrack.otieno http://www.otienobarrack.me.ke/
Barrack, The Constitution has opened up new avenues for addressing consumer protection and public interest litigation. I am aware the CJ is currently finalising rules that will make it easier for people to lodge petitions in the public interest. In addition, a review of the Kenya Communication Act should suffice to identify some of the gaps and provide mechanisms to address them. More importantly, i think it would be helpful to work in partnership with the Judiciary and the LSK to explore the possibility of training or sensitizing judicial officers and lawyers on these critical issues. Such initiatives will ultimately help build our local body of jurisprudence on ICT and IP related matters. Victor On 20 June 2012 08:48, Barrack Otieno <otieno.barrack@gmail.com> wrote:
Agreed Ali, we have a couple of Consumer watchdogs around it would be great to get their opinion on the same.
Best Regards
On Mon, Jun 18, 2012 at 11:50 AM, Ali Hussein <ali@hussein.me.ke> wrote:
Listers
Probably a good idea to get comments from the consumer watchdog?
Regards
Ali Hussein
+254 773/713 601113
Sent from my iPhone®
On Jun 18, 2012, at 11:47 AM, otieno.barrack@gmail.com wrote:
Interesting observations Victor, how can we bring the courts on board or better still how can we safeguard the interests of those who cannot challenge the Telcos in court?
Best Regards Sent from my BlackBerry®
-----Original Message----- From: Victor Kapiyo <vkapiyo@gmail.com> Sender: "kictanet" <kictanet-bounces+otieno.barrack=gmail.com@lists.kictanet.or.ke>Date: Mon, 18 Jun 2012 11:31:22 To: <otieno.barrack@gmail.com> Cc: KICTAnet ICT Policy Discussions<kictanet@lists.kictanet.or.ke> Subject: Re: [kictanet] [ISOC_KE] [Skunkworks] Kenya IGF on line Discussions Day 2: Intermediary Liability
_______________________________________________ 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/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 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.
-- Barrack O. Otieno +254721325277 +254-20-2498789 Skype: barrack.otieno http://www.otienobarrack.me.ke/
_______________________________________________ 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/vkapiyo%40gmail.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.
-- Victor Kapiyo, LL.B ==================================================== *“Your attitude, not your aptitude, will determine your altitude” Zig Ziglar *
Great suggestions Victor, your proposals are timely, should you have access to the new rules, kindly share them on list. I agree with your proposals for partnership with the Judiciary and the LSK. Best Regards On Wed, Jun 20, 2012 at 11:19 AM, Victor Kapiyo <vkapiyo@gmail.com> wrote:
Barrack,
The Constitution has opened up new avenues for addressing consumer protection and public interest litigation. I am aware the CJ is currently finalising rules that will make it easier for people to lodge petitions in the public interest.
In addition, a review of the Kenya Communication Act should suffice to identify some of the gaps and provide mechanisms to address them.
More importantly, i think it would be helpful to work in partnership with the Judiciary and the LSK to explore the possibility of training or sensitizing judicial officers and lawyers on these critical issues. Such initiatives will ultimately help build our local body of jurisprudence on ICT and IP related matters.
Victor
On 20 June 2012 08:48, Barrack Otieno <otieno.barrack@gmail.com> wrote:
Agreed Ali, we have a couple of Consumer watchdogs around it would be great to get their opinion on the same.
Best Regards
On Mon, Jun 18, 2012 at 11:50 AM, Ali Hussein <ali@hussein.me.ke> wrote:
Listers
Probably a good idea to get comments from the consumer watchdog?
Regards
Ali Hussein
+254 773/713 601113
Sent from my iPhone®
On Jun 18, 2012, at 11:47 AM, otieno.barrack@gmail.com wrote:
Interesting observations Victor, how can we bring the courts on board or better still how can we safeguard the interests of those who cannot challenge the Telcos in court?
Best Regards Sent from my BlackBerry®
-----Original Message----- From: Victor Kapiyo <vkapiyo@gmail.com> Sender: "kictanet" <kictanet-bounces+otieno.barrack=gmail.com@lists.kictanet.or.ke>Date: Mon, 18 Jun 2012 11:31:22 To: <otieno.barrack@gmail.com> Cc: KICTAnet ICT Policy Discussions<kictanet@lists.kictanet.or.ke> Subject: Re: [kictanet] [ISOC_KE] [Skunkworks] Kenya IGF on line Discussions Day 2: Intermediary Liability
_______________________________________________ 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/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 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.
-- Barrack O. Otieno +254721325277 +254-20-2498789 Skype: barrack.otieno http://www.otienobarrack.me.ke/
_______________________________________________ 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/vkapiyo%40gmail.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.
-- Victor Kapiyo, LL.B
==================================================== *“Your attitude, not your aptitude, will determine your altitude” Zig Ziglar*
-- Barrack O. Otieno +254721325277 +254-20-2498789 Skype: barrack.otieno http://www.otienobarrack.me.ke/
In addition to Victor's last comments, there is also the Consumer Protection Bill that addresses the issue of services. It can be found here: http://www.cickenya.org/bills/consumer-protection-bill-2011 rgds 2012/6/20 Barrack Otieno <otieno.barrack@gmail.com>
Great suggestions Victor, your proposals are timely, should you have access to the new rules, kindly share them on list. I agree with your proposals for partnership with the Judiciary and the LSK.
Best Regards
On Wed, Jun 20, 2012 at 11:19 AM, Victor Kapiyo <vkapiyo@gmail.com> wrote:
Barrack,
The Constitution has opened up new avenues for addressing consumer protection and public interest litigation. I am aware the CJ is currently finalising rules that will make it easier for people to lodge petitions in the public interest.
In addition, a review of the Kenya Communication Act should suffice to identify some of the gaps and provide mechanisms to address them.
More importantly, i think it would be helpful to work in partnership with the Judiciary and the LSK to explore the possibility of training or sensitizing judicial officers and lawyers on these critical issues. Such initiatives will ultimately help build our local body of jurisprudence on ICT and IP related matters.
Victor
On 20 June 2012 08:48, Barrack Otieno <otieno.barrack@gmail.com> wrote:
Agreed Ali, we have a couple of Consumer watchdogs around it would be great to get their opinion on the same.
Best Regards
On Mon, Jun 18, 2012 at 11:50 AM, Ali Hussein <ali@hussein.me.ke> wrote:
Listers
Probably a good idea to get comments from the consumer watchdog?
Regards
Ali Hussein
+254 773/713 601113
Sent from my iPhone®
On Jun 18, 2012, at 11:47 AM, otieno.barrack@gmail.com wrote:
Interesting observations Victor, how can we bring the courts on board or better still how can we safeguard the interests of those who cannot challenge the Telcos in court?
Best Regards Sent from my BlackBerry®
-----Original Message----- From: Victor Kapiyo <vkapiyo@gmail.com> Sender: "kictanet" <kictanet-bounces+otieno.barrack=gmail.com@lists.kictanet.or.ke>Date: Mon, 18 Jun 2012 11:31:22 To: <otieno.barrack@gmail.com> Cc: KICTAnet ICT Policy Discussions<kictanet@lists.kictanet.or.ke> Subject: Re: [kictanet] [ISOC_KE] [Skunkworks] Kenya IGF on line Discussions Day 2: Intermediary Liability
_______________________________________________ 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/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 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.
-- Barrack O. Otieno +254721325277 +254-20-2498789 Skype: barrack.otieno http://www.otienobarrack.me.ke/
_______________________________________________ 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/vkapiyo%40gmail.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.
-- Victor Kapiyo, LL.B
==================================================== *“Your attitude, not your aptitude, will determine your altitude” Zig Ziglar*
-- Barrack O. Otieno +254721325277 +254-20-2498789 Skype: barrack.otieno http://www.otienobarrack.me.ke/
_______________________________________________ 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/nmutungu%40gmail.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.
-- Grace L.N. Mutung'u (Bomu) Kenya Skype: gracebomu Twitter: GraceMutung'u (Bomu)
participants (7)
-
Ali Hussein -
Badru Ntege -
Barrack Otieno -
Grace Mutung'u (Bomu) -
Kivuva -
otieno.barrack＠gmail.com
-
Victor Kapiyo