[kictanet] The Kenya Communications Amendment Bill

Alex Gakuru alex.gakuru at yahoo.com
Wed Aug 22 08:49:07 EAT 2007


Yes John, Agreed we leave the subject for another day.
Just remember we are always available for
consultations

Thxs
  
--- John Kariuki <jnkariuki at gmail.com> wrote:

> 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.
> 
=== message truncated ===



       
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