Re: [kictanet] kictanet Digest, Vol 104, Issue 47
Linda makes a good case, Re: regulation of Netflix Just wondering if you are aware one can set a 'child' account. IMO, the supposed regulation will at best stir curiosity. Remember the banning of 'The Wolf of Wall Street' locally? The effects were opposite of the intent. We ought to champion for self regulation and individual commitment to uphold the right values. The cyber space is a different kind of a beast. On Wednesday, 13 January 2016, <kictanet-request@lists.kictanet.or.ke> wrote:
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Today's Topics:
1. Re: Netflix KICTAnet ICT Policy Discussions (Ali Hussein) 2. Fwd: Legislative Update (Grace Mutung'u (Bomu))
----------------------------------------------------------------------
Message: 1 Date: Wed, 13 Jan 2016 12:18:34 +0300 From: Ali Hussein <ali@hussein.me.ke <javascript:;>> To: Linda Ochieng <lindaochieng@yahoo.com <javascript:;>> Cc: "kictanet@lists.kictanet.or.ke <javascript:;>" < kictanet@lists.kictanet.or.ke <javascript:;>>, "mutua.ezekiel@yahoo.com <javascript:;>" <mutua.ezekiel@yahoo.com <javascript:;>>, "jwalu@yahoo.com <javascript:;>" <jwalu@yahoo.com <javascript:;>> Subject: Re: [kictanet] Netflix KICTAnet ICT Policy Discussions Message-ID: <14770024-77B9-4CE1-9119-F5292F19F75A@hussein.me.ke <javascript:;>> Content-Type: text/plain; charset="utf-8"
Linda
Please see my responses against your comments
Ali Hussein Principal Hussein & Associates +254 0713 601113 / 0770906375
Twitter: @AliHKassim Skype: abu-jomo LinkedIn: http://ke.linkedin.com/in/alihkassim Blog: www.alyhussein.com
"Discovery consists in seeing what everyone else has seen and thinking what no one else has thought". ~ Albert Szent-Gy?rgyi
Sent from my iPad
On 13 Jan 2016, at 8:10 AM, Linda Ochieng <lindaochieng@yahoo.com <javascript:;>> wrote:
I have been following your discussions here and my thoughts specifically on Netflix and online streaming are as follows:
One, as a distributor of audio visual content, Netflix must adhere to the regulations governing distribution of such content in line with all the laws of the Republic of Kenya, irrespective of the type of medium they are using to make that content available to their target consumers. That is the only way the firm?s operations in the country can be legal. As you know, the law applies across the board and does not exempt foreign firms, or users of online platforms.
Ali - Internet Governance issues are in play here and it's not cut and dried as you put. That's why you are seeing two regulators disagreeing. Why don't we then go ahead and also regulate all the other OTT (Over the Top) services like YouTube, Facebook video etc?
Two, it is in interest of the country to protect our cyberspace against
infiltration with content that is overly violent and damaging to our national values and morals and security. I a reliably informed that most of the movies distributed via some of these streaming services are rated as suitable for children, yet they have scenes that should not be shown to children. That is rather unfortunate, given that most of our children have access to the Internet. Whose interest are we protecting then when we support such content?
Ali - There is no 'our cyberspace'. That's why it's called the World Wide Web. This suggestion to Balkanise the Internet is to the detriment of us all. We should fight it with all we have.
Three and of even greater concern is the fact that British media
reports have in fact indicated that some of the content circulating on these platforms requires secret codes to access, raising considerable suspicion as to what kind of information that is to be distributed in such an overt manner. What is the motive of making the information secret, beyond the subscription restrictions, we should ask?
Ali - As Uhuru said - Policing should start with us. This business of us asking the government to decide for us everything even what we watch in our sitting rooms is a recipe for disaster. We don't want a Morality Police in our country. It starts with you and I. Let's desist from this mentality of 'Serikali saidia'!
Four, there is concern over growing levels of pornographic material
available in the country mainly originating from other countries. The source is online platforms. This should worry every good citizen. Radicalization is also one other major concern in online channels of content distribution. This is the reason why KFCB and CA should be given all the support they require by all stakeholders to ensure this kind of content is classified and regulated appropriately. In any case, who is not affected by these challenges?
Ali - True. It starts with us. Regulators are not supposed to enter our homes and police us. It's instructive that KFCB and CA are reading from the same script.
As I have said, everyone is bound by the law. As it is now, all content coming into the country is subject to the laws of Kenya. Without exception. Clearly then, if Netflix fails to submit their content for classification as expected by the law, their operations in Kenya will be illegal and must in that event face the full force of the laws of Kenya. Let us not be against regulation without considering its benefits to our country.
Again true. However, regulators need to also understand that the script has changed. There is a new dispensation afoot. And they need to get on with the program. The days of the telegram are gone. The ITU as we know it also needs to reinvent itself. The CA fortunately is showing us positives (I'm willing to give them the benefit of doubt when it comes to some of the decisions and draft laws they come up. After all we are not perfect!) and they really need to continue in the same vein.
Regards
Linda Amazon Tech Heights. Org
Hi Colleagues, Just to weigh in on this discussion. Its hard to be a government officer in this day and age :-). We are not doing well on the Social Pillar in so far as our Vision 2030 aspirations are concerned. This has to do with our value systems as a nation. Value systems are largely developed through what we hear, what we read and what we see, some of us are lucky to have grown when value systems existed. Regardless of the technological, cross border and geo-political aspects at play we have to achieve balance. I therefore pose this question to colleagues? What would you do if you were in charge of the Kenya Film Classification board in light of national aspirations and constitutional expectations? Ready to receive views for and against.<div id="DDB4FAA8-2DD7-40BB-A1B8-4E2AA1F9FDF2"><table style="border-top: 1px solid #aaabb6; margin-top: 30px;"> <tr> <td style="width: 105px; padding-top: 15px;"> <a href="https://www.avast.com/sig-email?utm_medium=email&utm_source=link&utm_campaign=sig-email&utm_content=webmail" target="_blank"><img src="https://ipmcdn.avast.com/images/logo-avast-v1.png" style="width: 90px; height:33px;"/></a> </td> <td style="width: 470px; padding-top: 20px; color: #41424e; font-size: 13px; font-family: Arial, Helvetica, sans-serif; line-height: 18px;">This email has been sent from a virus-free computer protected by Avast. <br /><a href="https://www.avast.com/sig-email?utm_medium=email&utm_source=link&utm_campaign=sig-email&utm_content=webmail" target="_blank" style="color: #4453ea;">www.avast.com</a> </td> </tr> </table><a href="#DDB4FAA8-2DD7-40BB-A1B8-4E2AA1F9FDF2" width="1" height="1"></a></div> On 1/13/16, Josh Kinoti via kictanet <kictanet@lists.kictanet.or.ke> wrote:
Linda makes a good case, Re: regulation of Netflix
Just wondering if you are aware one can set a 'child' account.
IMO, the supposed regulation will at best stir curiosity. Remember the banning of 'The Wolf of Wall Street' locally? The effects were opposite of the intent.
We ought to champion for self regulation and individual commitment to uphold the right values.
The cyber space is a different kind of a beast.
On Wednesday, 13 January 2016, <kictanet-request@lists.kictanet.or.ke> wrote:
Send kictanet mailing list submissions to kictanet@lists.kictanet.or.ke <javascript:;>
To subscribe or unsubscribe via the World Wide Web, visit https://lists.kictanet.or.ke/mailman/listinfo/kictanet or, via email, send a message with subject or body 'help' to kictanet-request@lists.kictanet.or.ke <javascript:;>
You can reach the person managing the list at kictanet-owner@lists.kictanet.or.ke <javascript:;>
When replying, please edit your Subject line so it is more specific than "Re: Contents of kictanet digest..."
Today's Topics:
1. Re: Netflix KICTAnet ICT Policy Discussions (Ali Hussein) 2. Fwd: Legislative Update (Grace Mutung'u (Bomu))
----------------------------------------------------------------------
Message: 1 Date: Wed, 13 Jan 2016 12:18:34 +0300 From: Ali Hussein <ali@hussein.me.ke <javascript:;>> To: Linda Ochieng <lindaochieng@yahoo.com <javascript:;>> Cc: "kictanet@lists.kictanet.or.ke <javascript:;>" < kictanet@lists.kictanet.or.ke <javascript:;>>, "mutua.ezekiel@yahoo.com <javascript:;>" <mutua.ezekiel@yahoo.com <javascript:;>>, "jwalu@yahoo.com <javascript:;>" <jwalu@yahoo.com <javascript:;>> Subject: Re: [kictanet] Netflix KICTAnet ICT Policy Discussions Message-ID: <14770024-77B9-4CE1-9119-F5292F19F75A@hussein.me.ke <javascript:;>> Content-Type: text/plain; charset="utf-8"
Linda
Please see my responses against your comments
Ali Hussein Principal Hussein & Associates +254 0713 601113 / 0770906375
Twitter: @AliHKassim Skype: abu-jomo LinkedIn: http://ke.linkedin.com/in/alihkassim Blog: www.alyhussein.com
"Discovery consists in seeing what everyone else has seen and thinking what no one else has thought". ~ Albert Szent-Gy?rgyi
Sent from my iPad
On 13 Jan 2016, at 8:10 AM, Linda Ochieng <lindaochieng@yahoo.com <javascript:;>> wrote:
I have been following your discussions here and my thoughts specifically on Netflix and online streaming are as follows:
One, as a distributor of audio visual content, Netflix must adhere to the regulations governing distribution of such content in line with all the laws of the Republic of Kenya, irrespective of the type of medium they are using to make that content available to their target consumers. That is the only way the firm?s operations in the country can be legal. As you know, the law applies across the board and does not exempt foreign firms, or users of online platforms.
Ali - Internet Governance issues are in play here and it's not cut and dried as you put. That's why you are seeing two regulators disagreeing. Why don't we then go ahead and also regulate all the other OTT (Over the Top) services like YouTube, Facebook video etc?
Two, it is in interest of the country to protect our cyberspace against
infiltration with content that is overly violent and damaging to our national values and morals and security. I a reliably informed that most of the movies distributed via some of these streaming services are rated as suitable for children, yet they have scenes that should not be shown to children. That is rather unfortunate, given that most of our children have access to the Internet. Whose interest are we protecting then when we support such content?
Ali - There is no 'our cyberspace'. That's why it's called the World Wide Web. This suggestion to Balkanise the Internet is to the detriment of us all. We should fight it with all we have.
Three and of even greater concern is the fact that British media
reports have in fact indicated that some of the content circulating on these platforms requires secret codes to access, raising considerable suspicion as to what kind of information that is to be distributed in such an overt manner. What is the motive of making the information secret, beyond the subscription restrictions, we should ask?
Ali - As Uhuru said - Policing should start with us. This business of us asking the government to decide for us everything even what we watch in our sitting rooms is a recipe for disaster. We don't want a Morality Police in our country. It starts with you and I. Let's desist from this mentality of 'Serikali saidia'!
Four, there is concern over growing levels of pornographic material
available in the country mainly originating from other countries. The source is online platforms. This should worry every good citizen. Radicalization is also one other major concern in online channels of content distribution. This is the reason why KFCB and CA should be given all the support they require by all stakeholders to ensure this kind of content is classified and regulated appropriately. In any case, who is not affected by these challenges?
Ali - True. It starts with us. Regulators are not supposed to enter our homes and police us. It's instructive that KFCB and CA are reading from the same script.
As I have said, everyone is bound by the law. As it is now, all content coming into the country is subject to the laws of Kenya. Without exception. Clearly then, if Netflix fails to submit their content for classification as expected by the law, their operations in Kenya will be illegal and must in that event face the full force of the laws of Kenya. Let us not be against regulation without considering its benefits to our country.
Again true. However, regulators need to also understand that the script has changed. There is a new dispensation afoot. And they need to get on with the program. The days of the telegram are gone. The ITU as we know it also needs to reinvent itself. The CA fortunately is showing us positives (I'm willing to give them the benefit of doubt when it comes to some of the decisions and draft laws they come up. After all we are not perfect!) and they really need to continue in the same vein.
Regards
Linda Amazon Tech Heights. Org
Barrack, you are right. We are 'advancing' as a people at the expense of the traditional values of our society. Having said that, notice how this conversation is slowly turning to a discussion about morals and ethics. Not sure, if the outcome will be fruitful in that regard. As a way forward, I would suggest enforcing of certain factors such as parental control - for all OTTP related services. Who knows the videos our children share with their friends on Whatsapp, IG ... Specifically, my opinion is a local used legislation must be inclusive and multifaceted. Mere blocking of content might be a simplistic approach to a complex situation. On Wednesday, 13 January 2016, Barrack Otieno <otieno.barrack@gmail.com> wrote:
Hi Colleagues,
Just to weigh in on this discussion.
Its hard to be a government officer in this day and age :-). We are not doing well on the Social Pillar in so far as our Vision 2030 aspirations are concerned. This has to do with our value systems as a nation. Value systems are largely developed through what we hear, what we read and what we see, some of us are lucky to have grown when value systems existed. Regardless of the technological, cross border and geo-political aspects at play we have to achieve balance. I therefore pose this question to colleagues?
What would you do if you were in charge of the Kenya Film Classification board in light of national aspirations and constitutional expectations?
Ready to receive views for and against.<div id="DDB4FAA8-2DD7-40BB-A1B8-4E2AA1F9FDF2"><table style="border-top: 1px solid #aaabb6; margin-top: 30px;"> <tr> <td style="width: 105px; padding-top: 15px;"> <a href=" https://www.avast.com/sig-email?utm_medium=email&utm_source=link&utm_campaign=sig-email&utm_content=webmail " target="_blank"><img src="https://ipmcdn.avast.com/images/logo-avast-v1.png" style="width: 90px; height:33px;"/></a> </td> <td style="width: 470px; padding-top: 20px; color: #41424e; font-size: 13px; font-family: Arial, Helvetica, sans-serif; line-height: 18px;">This email has been sent from a virus-free computer protected by Avast. <br /><a href=" https://www.avast.com/sig-email?utm_medium=email&utm_source=link&utm_campaign=sig-email&utm_content=webmail " target="_blank" style="color: #4453ea;">www.avast.com</a> </td> </tr> </table><a href="#DDB4FAA8-2DD7-40BB-A1B8-4E2AA1F9FDF2" width="1" height="1"></a></div>
Linda makes a good case, Re: regulation of Netflix
Just wondering if you are aware one can set a 'child' account.
IMO, the supposed regulation will at best stir curiosity. Remember the banning of 'The Wolf of Wall Street' locally? The effects were opposite of the intent.
We ought to champion for self regulation and individual commitment to uphold the right values.
The cyber space is a different kind of a beast.
On Wednesday, 13 January 2016, <kictanet-request@lists.kictanet.or.ke <javascript:;>> wrote:
Send kictanet mailing list submissions to kictanet@lists.kictanet.or.ke <javascript:;> <javascript:;>
To subscribe or unsubscribe via the World Wide Web, visit https://lists.kictanet.or.ke/mailman/listinfo/kictanet or, via email, send a message with subject or body 'help' to kictanet-request@lists.kictanet.or.ke <javascript:;> <javascript:;>
You can reach the person managing the list at kictanet-owner@lists.kictanet.or.ke <javascript:;> <javascript:;>
When replying, please edit your Subject line so it is more specific than "Re: Contents of kictanet digest..."
Today's Topics:
1. Re: Netflix KICTAnet ICT Policy Discussions (Ali Hussein) 2. Fwd: Legislative Update (Grace Mutung'u (Bomu))
----------------------------------------------------------------------
Message: 1 Date: Wed, 13 Jan 2016 12:18:34 +0300 From: Ali Hussein <ali@hussein.me.ke <javascript:;> <javascript:;>> To: Linda Ochieng <lindaochieng@yahoo.com <javascript:;> <javascript:;>> Cc: "kictanet@lists.kictanet.or.ke <javascript:;> <javascript:;>" < kictanet@lists.kictanet.or.ke <javascript:;> <javascript:;>>, "mutua.ezekiel@yahoo.com <javascript:;> <javascript:;>" < mutua.ezekiel@yahoo.com <javascript:;> <javascript:;>>, "jwalu@yahoo.com <javascript:;> <javascript:;>" <jwalu@yahoo.com <javascript:;> <javascript:;>> Subject: Re: [kictanet] Netflix KICTAnet ICT Policy Discussions Message-ID: <14770024-77B9-4CE1-9119-F5292F19F75A@hussein.me.ke <javascript:;> <javascript:;>> Content-Type: text/plain; charset="utf-8"
Linda
Please see my responses against your comments
Ali Hussein Principal Hussein & Associates +254 0713 601113 / 0770906375
Twitter: @AliHKassim Skype: abu-jomo LinkedIn: http://ke.linkedin.com/in/alihkassim Blog: www.alyhussein.com
"Discovery consists in seeing what everyone else has seen and thinking what no one else has thought". ~ Albert Szent-Gy?rgyi
Sent from my iPad
On 13 Jan 2016, at 8:10 AM, Linda Ochieng <lindaochieng@yahoo.com <javascript:;> <javascript:;>> wrote:
I have been following your discussions here and my thoughts specifically on Netflix and online streaming are as follows:
One, as a distributor of audio visual content, Netflix must adhere to the regulations governing distribution of such content in line with all the laws of the Republic of Kenya, irrespective of the type of medium they are using to make that content available to their target consumers. That is the only way the firm?s operations in the country can be legal. As you know, the law applies across the board and does not exempt foreign firms, or users of online platforms.
Ali - Internet Governance issues are in play here and it's not cut and dried as you put. That's why you are seeing two regulators disagreeing. Why don't we then go ahead and also regulate all the other OTT (Over the Top) services like YouTube, Facebook video etc?
Two, it is in interest of the country to protect our cyberspace
against infiltration with content that is overly violent and damaging to our national values and morals and security. I a reliably informed that most of the movies distributed via some of these streaming services are rated as suitable for children, yet they have scenes that should not be shown to children. That is rather unfortunate, given that most of our children have access to the Internet. Whose interest are we protecting then when we support such content?
Ali - There is no 'our cyberspace'. That's why it's called the World Wide Web. This suggestion to Balkanise the Internet is to the detriment of us all. We should fight it with all we have.
Three and of even greater concern is the fact that British media
reports have in fact indicated that some of the content circulating on these platforms requires secret codes to access, raising considerable suspicion as to what kind of information that is to be distributed in such an overt manner. What is the motive of making the information secret, beyond the subscription restrictions, we should ask?
Ali - As Uhuru said - Policing should start with us. This business of us asking the government to decide for us everything even what we watch in our sitting rooms is a recipe for disaster. We don't want a Morality Police in our country. It starts with you and I. Let's desist from this mentality of 'Serikali saidia'!
Four, there is concern over growing levels of pornographic material
available in the country mainly originating from other countries. The source is online platforms. This should worry every good citizen. Radicalization is also one other major concern in online channels of content distribution. This is the reason why KFCB and CA should be given all the support they require by all stakeholders to ensure this kind of content is classified and regulated appropriately. In any case, who is not affected by these challenges?
Ali - True. It starts with us. Regulators are not supposed to enter our homes and police us. It's instructive that KFCB and CA are reading from the same script.
As I have said, everyone is bound by the law. As it is now, all content coming into the country is subject to the laws of Kenya. Without exception. Clearly then, if Netflix fails to submit their content for classification as expected by the law, their operations in Kenya will be illegal and must in that event face the full force of the laws of Kenya. Let us not be against regulation without considering its benefits to our country.
Again true. However, regulators need to also understand that the script has changed. There is a new dispensation afoot. And they need to get on with the program. The days of the telegram are gone. The ITU as we know it also needs to reinvent itself. The CA fortunately is showing us
On 1/13/16, Josh Kinoti via kictanet <kictanet@lists.kictanet.or.ke <javascript:;>> wrote: positives
(I'm willing to give them the benefit of doubt when it comes to some of the decisions and draft laws they come up. After all we are not perfect!) and they really need to continue in the same vein.
Regards
Linda Amazon Tech Heights. Org
True can we talk about values without touching on Morals and Ethics? regards<div id="DDB4FAA8-2DD7-40BB-A1B8-4E2AA1F9FDF2"><table style="border-top: 1px solid #aaabb6; margin-top: 30px;"> <tr> <td style="width: 105px; padding-top: 15px;"> <a href="https://www.avast.com/sig-email?utm_medium=email&utm_source=link&utm_campaign=sig-email&utm_content=webmail" target="_blank"><img src="https://ipmcdn.avast.com/images/logo-avast-v1.png" style="width: 90px; height:33px;"/></a> </td> <td style="width: 470px; padding-top: 20px; color: #41424e; font-size: 13px; font-family: Arial, Helvetica, sans-serif; line-height: 18px;">This email has been sent from a virus-free computer protected by Avast. <br /><a href="https://www.avast.com/sig-email?utm_medium=email&utm_source=link&utm_campaign=sig-email&utm_content=webmail" target="_blank" style="color: #4453ea;">www.avast.com</a> </td> </tr> </table><a href="#DDB4FAA8-2DD7-40BB-A1B8-4E2AA1F9FDF2" width="1" height="1"></a></div> On 1/13/16, Josh Kinoti <jkinoti@gmail.com> wrote:
Barrack, you are right. We are 'advancing' as a people at the expense of the traditional values of our society.
Having said that, notice how this conversation is slowly turning to a discussion about morals and ethics.
Not sure, if the outcome will be fruitful in that regard.
As a way forward, I would suggest enforcing of certain factors such as parental control - for all OTTP related services. Who knows the videos our children share with their friends on Whatsapp, IG ...
Specifically, my opinion is a local used legislation must be inclusive and multifaceted. Mere blocking of content might be a simplistic approach to a complex situation.
On Wednesday, 13 January 2016, Barrack Otieno <otieno.barrack@gmail.com> wrote:
Hi Colleagues,
Just to weigh in on this discussion.
Its hard to be a government officer in this day and age :-). We are not doing well on the Social Pillar in so far as our Vision 2030 aspirations are concerned. This has to do with our value systems as a nation. Value systems are largely developed through what we hear, what we read and what we see, some of us are lucky to have grown when value systems existed. Regardless of the technological, cross border and geo-political aspects at play we have to achieve balance. I therefore pose this question to colleagues?
What would you do if you were in charge of the Kenya Film Classification board in light of national aspirations and constitutional expectations?
Ready to receive views for and against.<div id="DDB4FAA8-2DD7-40BB-A1B8-4E2AA1F9FDF2"><table style="border-top: 1px solid #aaabb6; margin-top: 30px;"> <tr> <td style="width: 105px; padding-top: 15px;"> <a href=" https://www.avast.com/sig-email?utm_medium=email&utm_source=link&utm_campaign=sig-email&utm_content=webmail " target="_blank"><img src="https://ipmcdn.avast.com/images/logo-avast-v1.png" style="width: 90px; height:33px;"/></a> </td> <td style="width: 470px; padding-top: 20px; color: #41424e; font-size: 13px; font-family: Arial, Helvetica, sans-serif; line-height: 18px;">This email has been sent from a virus-free computer protected by Avast. <br /><a href=" https://www.avast.com/sig-email?utm_medium=email&utm_source=link&utm_campaign=sig-email&utm_content=webmail " target="_blank" style="color: #4453ea;">www.avast.com</a> </td> </tr> </table><a href="#DDB4FAA8-2DD7-40BB-A1B8-4E2AA1F9FDF2" width="1" height="1"></a></div>
Linda makes a good case, Re: regulation of Netflix
Just wondering if you are aware one can set a 'child' account.
IMO, the supposed regulation will at best stir curiosity. Remember the banning of 'The Wolf of Wall Street' locally? The effects were opposite of the intent.
We ought to champion for self regulation and individual commitment to uphold the right values.
The cyber space is a different kind of a beast.
On Wednesday, 13 January 2016, <kictanet-request@lists.kictanet.or.ke <javascript:;>> wrote:
Send kictanet mailing list submissions to kictanet@lists.kictanet.or.ke <javascript:;> <javascript:;>
To subscribe or unsubscribe via the World Wide Web, visit https://lists.kictanet.or.ke/mailman/listinfo/kictanet or, via email, send a message with subject or body 'help' to kictanet-request@lists.kictanet.or.ke <javascript:;> <javascript:;>
You can reach the person managing the list at kictanet-owner@lists.kictanet.or.ke <javascript:;> <javascript:;>
When replying, please edit your Subject line so it is more specific than "Re: Contents of kictanet digest..."
Today's Topics:
1. Re: Netflix KICTAnet ICT Policy Discussions (Ali Hussein) 2. Fwd: Legislative Update (Grace Mutung'u (Bomu))
----------------------------------------------------------------------
Message: 1 Date: Wed, 13 Jan 2016 12:18:34 +0300 From: Ali Hussein <ali@hussein.me.ke <javascript:;> <javascript:;>> To: Linda Ochieng <lindaochieng@yahoo.com <javascript:;> <javascript:;>> Cc: "kictanet@lists.kictanet.or.ke <javascript:;> <javascript:;>" < kictanet@lists.kictanet.or.ke <javascript:;> <javascript:;>>, "mutua.ezekiel@yahoo.com <javascript:;> <javascript:;>" < mutua.ezekiel@yahoo.com <javascript:;> <javascript:;>>, "jwalu@yahoo.com <javascript:;> <javascript:;>" <jwalu@yahoo.com <javascript:;> <javascript:;>> Subject: Re: [kictanet] Netflix KICTAnet ICT Policy Discussions Message-ID: <14770024-77B9-4CE1-9119-F5292F19F75A@hussein.me.ke <javascript:;> <javascript:;>> Content-Type: text/plain; charset="utf-8"
Linda
Please see my responses against your comments
Ali Hussein Principal Hussein & Associates +254 0713 601113 / 0770906375
Twitter: @AliHKassim Skype: abu-jomo LinkedIn: http://ke.linkedin.com/in/alihkassim Blog: www.alyhussein.com
"Discovery consists in seeing what everyone else has seen and thinking what no one else has thought". ~ Albert Szent-Gy?rgyi
Sent from my iPad
On 13 Jan 2016, at 8:10 AM, Linda Ochieng <lindaochieng@yahoo.com <javascript:;> <javascript:;>> wrote:
I have been following your discussions here and my thoughts specifically on Netflix and online streaming are as follows:
One, as a distributor of audio visual content, Netflix must adhere to the regulations governing distribution of such content in line with all the laws of the Republic of Kenya, irrespective of the type of medium they are using to make that content available to their target consumers. That is the only way the firm?s operations in the country can be legal. As you know, the law applies across the board and does not exempt foreign firms, or users of online platforms.
Ali - Internet Governance issues are in play here and it's not cut and dried as you put. That's why you are seeing two regulators disagreeing. Why don't we then go ahead and also regulate all the other OTT (Over the Top) services like YouTube, Facebook video etc?
Two, it is in interest of the country to protect our cyberspace
against infiltration with content that is overly violent and damaging to our national values and morals and security. I a reliably informed that most of the movies distributed via some of these streaming services are rated as suitable for children, yet they have scenes that should not be shown to children. That is rather unfortunate, given that most of our children have access to the Internet. Whose interest are we protecting then when we support such content?
Ali - There is no 'our cyberspace'. That's why it's called the World Wide Web. This suggestion to Balkanise the Internet is to the detriment of us all. We should fight it with all we have.
Three and of even greater concern is the fact that British media
reports have in fact indicated that some of the content circulating on these platforms requires secret codes to access, raising considerable suspicion as to what kind of information that is to be distributed in such an overt manner. What is the motive of making the information secret, beyond the subscription restrictions, we should ask?
Ali - As Uhuru said - Policing should start with us. This business of us asking the government to decide for us everything even what we watch in our sitting rooms is a recipe for disaster. We don't want a Morality Police in our country. It starts with you and I. Let's desist from this mentality of 'Serikali saidia'!
Four, there is concern over growing levels of pornographic material
available in the country mainly originating from other countries. The source is online platforms. This should worry every good citizen. Radicalization is also one other major concern in online channels of content distribution. This is the reason why KFCB and CA should be given all the support they require by all stakeholders to ensure this kind of content is classified and regulated appropriately. In any case, who is not affected by these challenges?
Ali - True. It starts with us. Regulators are not supposed to enter our homes and police us. It's instructive that KFCB and CA are reading from the same script.
As I have said, everyone is bound by the law. As it is now, all content coming into the country is subject to the laws of Kenya. Without exception. Clearly then, if Netflix fails to submit their content for classification as expected by the law, their operations in Kenya will be illegal and must in that event face the full force of the laws of Kenya. Let us not be against regulation without considering its benefits to our country.
Again true. However, regulators need to also understand that the script has changed. There is a new dispensation afoot. And they need to get on with the program. The days of the telegram are gone. The ITU as we know it also needs to reinvent itself. The CA fortunately is showing us
On 1/13/16, Josh Kinoti via kictanet <kictanet@lists.kictanet.or.ke <javascript:;>> wrote: positives
(I'm willing to give them the benefit of doubt when it comes to some of the decisions and draft laws they come up. After all we are not perfect!) and they really need to continue in the same vein.
Regards
Linda Amazon Tech Heights. Org
participants (2)
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Barrack Otieno -
Josh Kinoti