[kictanet] The Kenya Communications Amendment Bill

Wed Aug 22 08:44:38 EAT 2007

Alex,
I wish that things were that simple. However, regulation by code raises very
serious legal issues as it amounts to "privatisation of law making" but this
is a subject of another day!

On 8/22/07, Alex Gakuru <alex.gakuru at yahoo.com> wrote:
>
> Precisely! Why should the author conclude "It is time
> for legislators and regulators to step in." It smacks
> of a call for government net control while instead end
> users should continue developing their own codes to
> make the internet to grow.
>
> Q: Which Legislators? Kenya,EA,EU,Congress..
> Q: Which Regulators? CCK, OfCOM, FCC..
>
> The internet's success was based on the following
> reasons: "HISTORY: WE OWE IT ALL TO THE HIPPIES"
>
> 1. "Access to computers should be unlimited and
> total."
> 2. "All information should be free."
> 3. "Mistrust authority - promote decentralization."
> 4. "You can create art and beauty on a computer."
> 5. "Computers can change your life for the better."
>
> http://members.aye.net/~hippie/hippie/special_.htm
>
> The article to me sounds like building blocks
> justifying grounds from Mugabe's and the Chinese to
> censor internet and we all know the favourite entry
> points (separately below could also be one such)
>
> ----
> Separately,
>
> http://www.bdafrica.com/index.php?option=com_content&task=view&id=2587&Itemid=5813
> We note "Consumer Bill to boost online transactions"
> and welcome this government move.
>
> Our Consumers Association was not informed, or
> involved in the background policy formulation process
> if and/or when that took place. Further, the Bill is
> not listed at http://www.kenyalaw.org/Bills/ so I may
> not have specifics.
>
> Overall, our interpretation is that this Bill's
> intention is just similar to the Government's NGO
> Coordination Board that checks for CS registrations,
> etc. for govt - while the Civil Society have an own
> "industry" NGO Council that deals with their dear
> "end-user" (in this case ICT consumers) issues.
>
> KEBS-we have a BIG consumer issue on their "closed"
> endorsement of Microsoft-sponsored OOXML standard i.e.
> without open and wide industry consultations.
>
> If Ms Catherine Ngahu, were on this list perhaps she
> would have clarified apparently because Internet
> consumer protection stands out on the story.
>
> In principle, ICAK welcomes this bill, wishes later
> government appointees well and we hope to interact
> with them at a convenient moment in the future (after
> the bill is passed.)
>
> Thxs
>
> -- John Kariuki <jnkariuki at gmail.com> wrote:
>
> > Alex,
> > For your information,the original Internet was not
> > regulated. However, after
> > commercialization in the early 1990's we see a lot
> > of regulation, not by
> > laws passed by legislators or regulators BUT by the
> > "Codes"made by
> > programmers who determine what you can or cannot do
> > on the Internet.
> >
> > JN
> >
> >
> > On 8/21/07, Alex Gakuru <alex.gakuru at yahoo.com>
> > wrote:
> > >
> > > I disagree with Sam Vaknin's arguments "Regulate
> > the
> > > Internet!"
> > >
> > > "It is time for legislators and regulators to step
> > in.
> > > Even a moderate dose of legislation and the
> > > willingness not to succumb to either to mob or to
> > > business pressures will go a long way towards
> > > restoring the Internet to its original purpose:
> > the
> > > civilized and lawful - not to mention pleasurable
> > -
> > > exchange of information and opinion over computer
> > > networks."
> > >
> > >
> >
> http://www.americanchronicle.com/articles/viewArticle.asp?articleID=34976
> > >
> > > But Greek and Latin owe their humbling
> > philosophical
> > > esteem to regard, value, and placing the essence
> > of a
> > > good debate far above time-tied points of view.
> > Thus,
> > > I am happy in Kenya recently I attended a meeting
> > only
> > > to find all asked to satisfactorily justify their
> > > support of THE OPPOSITE point of view. How clever
> > of
> > > them....
> > >
> > > "Democracy is hard, perhaps the most complex and
> > > difficult of all forms of government. It is filled
> > > with tensions and contradictions, and requires
> > that
> > > its members labor diligently to make it work.
> > > Democracy is not designed for efficiency, but for
> > > accountability; a
> > > democratic government may not be able to act as
> > > quickly as a dictatorship, but once committed to a
> > > course of action it can draw upon deep wellsprings
> > of
> > > popular support,"
> > >
> > > http://usinfo.state.gov/products/pubs/democracy/
> > >
> > > This is the space all citizens are obliged to
> > > aggressively defend and not so quickly entrust it
> > to
> > > powerful government leaders submerged in own
> > > interests.
> > >
> > > Let's debate some more Brian!
> > >
> > > --- Brian Longwe <brian at isisweb.nl> wrote:
> > >
> > > > SMS is not allowed in Ethiopia - let alone media
> > > > freedom or conducive
> > > > legislation ..... it is not fair to compare a
> > > > country with such
> > > > advanced civil liberties as Kenya with a
> > dictatorial
> > > > regime.
> > > >
> > > > It is also important to look at the other side
> > of
> > > > the coin and
> > > > challenge/question our media as to why they
> > would
> > > > want to blacken our
> > > > country's good record and reputation on the
> > > > international arena.
> > > > Please be assured that we have enemies who would
> > use
> > > > any means to
> > > > make us look bad ..... don't take anything that
> > > > appears in print as
> > > > gospel ......
> > > >
> > > > 'nuff said,
> > > >
> > > > Brian
> > > >
> > > > On Aug 20, 2007, at 8:55 PM, Alex Gakuru wrote:
> > > >
> > > > > Dear Dr. Ndemo,
> > > > >
> > > > > It is terrible the media called a dog! but
> > thank
> > > > you
> > > > > very much for easing the weight of
> > > > responsibility...
> > > > >
> > > > > http://www.isoc.or.ke
> > > > >
> > > > > Certainly, I would really appreciate if my
> > full
> > > > > confidence were restored considering
> > frighteningly
> > > > it
> > > > > appears communication is under attack across
> > > > Africa:
> > > > > The New Struggle for Press Freedom in Africa
> > > > > http://allafrica.com/stories/200708201115.html
> > and
> > > > > stories like "Botswana, Kenya and Zimbabwe
> > pass
> > > > > tyrannical Bills"
> > > > > http://www.eastandard.net/archives/index.php?
> > > > > mnu=details&id=1143973075&catid=4
> > > > >
> > > > > I trust you understand why I have to stay put
> > > > > regarding the Communication Amendment Bill -
> > > > concerned
> > > > > because since March 2006, the top five most
> > > > popular
> > > > > Ethiopian web sites (including CyberEthiopia)
> > and
> > > > > several blogs have been blocked and are
> > > > inaccessible
> > > > > across Ethiopia. The apparent objective is to
> > > > prevent
> > > > > the dissemination of information that is
> > critical
> > > > of
> > > > > the current regime.
> > > > >
> > > > > See
> > > > > http://www.cyberethiopia.com/net/docs/
> > > > > internet_repression_in_ethiopia.html
> > > > >
> > > > > RSF had also reported the censorship along
> > with
> > > > other
> > > > > media watchdogs and had called on the relevant
> > > > > ministries in Ethiopia, but no reaction so
> > far.
> > > > >
> > http://www.rsf.org/article.php3?id_article=17783
> > > > >
> > > > > I am only afraid that foreign companies may
> > not
> > > > trust
> > > > > their outsourcing to our entrepreneurs if only
> > and
> > > > > just government were remotely perceived
> > "packet
> > > > > sniffing"    regime. I have no doubt all of us
> > in
> > > > > Kenya wish nothing came in our way of vision
> > 2030.
> > > > >
> > > > > Lord forbid but should Kenya sink, we all go
> > under
> > > > and
> > > > > I want to stay afloat with my head above the
> > water
> > > > for
> > > > > a long time.
> > > > >
> > > > > Regards,
> > > > >
> > > > > Alex
> > > > >
> > > > > --- bitange at jambo.co.ke wrote:
> > > > >
> > > > >> Dear Alex,
> > > > >> There is no crisis or tension in the ICT
> > > > legislative
> > > > >> process.  I was
> > > > >> pointing out the opportunities that are
> > available
> > > > to
> > > > >> you in ensuring that
> > > > >> the piece of legislation you want is passed.
> > As
> > > > far
> > > > >> as I am concerned all
> > > > >> of us have representation in parliament and
> > we
> > > > >> should utilize that
> > > > >> opportunity instead of blaming the
> > Government.
> > > > >>
> >
> === message truncated ===
>
>
>
>
>
> ____________________________________________________________________________________
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>

-- 
Eng.J.N. Kariuki,
Tel.+254-20-2719953
P.O.Box 72748,
NAIROBI 00200, KENYA
e-mail: jnkariuki at gmail.com;John.Kariuki at ties.itu.int;kibubuti at yahoo.co.uk
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