Fwd: [afnog] UCC Licensing Framework for IXPs
I hope this doesn't become a Regional Trend. Regards ---------- Forwarded message ---------- From: Mike Barnard <mike.barnardq@gmail.com> Date: Mon, 17 Jun 2019 17:09:10 +0300 Subject: [afnog] UCC Licensing Framework for IXPs To: Afnog Mailing List <afnog@afnog.org> The Uganda IXP (https://uixp.co.ug) recently received a letter from the government (UCC) which announces that they intend to establish a licensing framework for IXPs. The letter includes a detailed draft of the proposed framework text (see attached). While we think it is wise for the government to continuously reconsider its role in this evolving industry in order to support its development, the UCC's proposed licensing framework would ironically prohibit further market development by effectively nationalizing the network interconnection service. As written, the framework: 1) Establishes a government controlled monopoly IXP called the “Designated National Internet Exchange Point” and requires all other IXPs to function as edge nodes for it. The framework accomplishes this by requiring all IXPs to connect to the DNIXP, and by giving government control over the contracts between IXPs and their members. See 7.4.b; 8.2.a; 9.e.iii; 9.j. 2) Includes vague language which could lead to problematic interpretations. For example: Clause 9.h could mean that the government intends for the DNIXP to establish itself by expropriating the UIXP’s infrastructure. 3) Allows the government to inspect, copy, or remove any data related to any IXP without a court order. This could include proprietary information. See 7.5.b.ii. 4) Turns IXPs into potential surveillance hubs by requiring them to report any unlawful activity observed in member networks to the government. See 7.3.e.iv. 5) Introduces other significant barriers to entry for new market entrants. Our view is that this licensing framework should either be (a) scrapped entirely, as it can be argued that it is counterproductive to license IXPs in the first place or (b) significantly revised such that it no longer includes any language which would create a monopoly or otherwise hinder the emergence of true competition in this industry. The UCC has called for written feedback to be submitted by July 5th, 2019 and we need your help to avoid disaster. Please take a few minutes to review the attached document and submit your comments in writing before the deadline. If you cannot submit feedback to the UCC directly, please send it to us (board@uixp.co.ug) and we will ensure that it gets delivered to the UCC in writing. Thank you. -- Barrack O. Otieno +254721325277 +254733206359 Skype: barrack.otieno PGP ID: 0x2611D86A
Barrack 'I'm surprised it has taken this long for governments to start thinking about using IXPs for potential 'National Security' Chock points. This will accelerate the Balkanization of the Internet in regions where we haven't even heard the term before. Sad. Really sad. Regards *Ali Hussein* *Principal* *AHK & Associates* Tel: +254 713 601113 Twitter: @AliHKassim Skype: abu-jomo LinkedIn: http://ke.linkedin.com/in/alihkassim <http://ke.linkedin.com/in/alihkassim> 13th Floor , Delta Towers, Oracle Wing, Chiromo Road, Westlands, Nairobi, Kenya. Any information of a personal nature expressed in this email are purely mine and do not necessarily reflect the official positions of the organizations that I work with. On Thu, Jun 20, 2019 at 1:30 AM Barrack Otieno via kictanet < kictanet@lists.kictanet.or.ke> wrote:
I hope this doesn't become a Regional Trend.
Regards
---------- Forwarded message ---------- From: Mike Barnard <mike.barnardq@gmail.com> Date: Mon, 17 Jun 2019 17:09:10 +0300 Subject: [afnog] UCC Licensing Framework for IXPs To: Afnog Mailing List <afnog@afnog.org>
The Uganda IXP (https://uixp.co.ug) recently received a letter from the government (UCC) which announces that they intend to establish a licensing framework for IXPs. The letter includes a detailed draft of the proposed framework text (see attached).
While we think it is wise for the government to continuously reconsider its role in this evolving industry in order to support its development, the UCC's proposed licensing framework would ironically prohibit further market development by effectively nationalizing the network interconnection service.
As written, the framework:
1) Establishes a government controlled monopoly IXP called the “Designated National Internet Exchange Point” and requires all other IXPs to function as edge nodes for it. The framework accomplishes this by requiring all IXPs to connect to the DNIXP, and by giving government control over the contracts between IXPs and their members. See 7.4.b; 8.2.a; 9.e.iii; 9.j.
2) Includes vague language which could lead to problematic interpretations. For example: Clause 9.h could mean that the government intends for the DNIXP to establish itself by expropriating the UIXP’s infrastructure.
3) Allows the government to inspect, copy, or remove any data related to any IXP without a court order. This could include proprietary information. See 7.5.b.ii.
4) Turns IXPs into potential surveillance hubs by requiring them to report any unlawful activity observed in member networks to the government. See 7.3.e.iv.
5) Introduces other significant barriers to entry for new market entrants.
Our view is that this licensing framework should either be (a) scrapped entirely, as it can be argued that it is counterproductive to license IXPs in the first place or (b) significantly revised such that it no longer includes any language which would create a monopoly or otherwise hinder the emergence of true competition in this industry.
The UCC has called for written feedback to be submitted by July 5th, 2019 and we need your help to avoid disaster. Please take a few minutes to review the attached document and submit your comments in writing before the deadline. If you cannot submit feedback to the UCC directly, please send it to us (board@uixp.co.ug) and we will ensure that it gets delivered to the UCC in writing.
Thank you.
-- Barrack O. Otieno +254721325277 +254733206359 Skype: barrack.otieno PGP ID: 0x2611D86A _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/
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participants (2)
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Ali Hussein -
Barrack Otieno