[kictanet] Fwd: a question of the communications act

[Collins Areba]

Here is an interesting development. Given the structuring of the blog and
all, the only way the indentity of the author can be obtained is through
"unconventional means"... Would that arise in a subsequent court process
after this information has been unconventionally obtained? kind of like the
situation with MM's book and the elephant in the room... "so youre clean
you say...?" :-) - apologies for the Off topic reference, merely meant to
belabour my point.

On Thu, Jul 12, 2012 at 7:42 PM, Victor Kapiyo <vkapiyo at gmail.com> wrote:

> Collins,
>
> This is an interesting case which as has been pointed out, highlights some
> of the challenges of enforcing the law on the internet.
>
> It would help your case if you could figure out the identity of the
> person, by elimination perhaps or private investigators - then sue them for
> what its worth.
>
> As for Twitter and Google, well, it is not enough to make a complaint.
>
> Bottom line, you need to follow due process, so you might as well get the
> Court Order, since it is for the Courts to decide whether the posts do give
> rise to any cause of action as otherwise the author is within his or her
> rights and freedom of expression  as guaranteed by the Constitution.
>
> If the revelation on the site isn't too damaging, then just manage the PR
> and move on, like some may after reading Migunas book.
>
> Victor
>  On Jul 12, 2012 6:56 PM, "Collins Areba" <arebacollins at gmail.com> wrote:
>
>> I filled in the form labelled "abuse report" and finally got a response
>> from google. It however seems they have set me up on an endless if loop,
>> Please see below the response in brief. The reason for contacting them in
>> the first place being that the author of the said blog threw stones and is
>> hiding under the table, only Google knows who it is. KE office is well
>> aware of the situation, just wondering what role CCK and the court system
>> play in such a case...
>>
>> Hello,
>>>
>>> Thanks for reaching out to us.
>>>
>>> Thank you for writing in regarding content posted on BlogSpot.com. We
>>> would like to confirm that we have received and reviewed your inquiry.
>>>
>>> At this time, Google has decided not to take action based on our policies
>>> concerning content removal. *If you choose to pursue legal action
>>> against**
>>> the individual who posted this information and that action results in a
>>> judicial determination that the material is illegal or should be removed,
>>> **please send us the court order* so that we can take appropriate
>>> action.
>>>
>>> If a contact email address is listed on the blog, we also recommend you
>>> working directly with the author to have the content in question removed
>>> or changed.
>>
>> The one issue that bugs me is , who takes responsibility when a web
>> platform that exists on privacy is used for libel-able issues?
>>
>>
>> _______________________________________________
>> kictanet mailing list
>> kictanet at 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.
>>
>


-- 
*“The twentieth century has been characterized by three developments of
great political importance: the growth of democracy, the growth of
corporate power, and the growth of corporate propaganda as a means of
protecting corporate power against democracy”*
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <https://lists.kictanet.or.ke/pipermail/kictanet/attachments/20120712/67b19c8f/attachment.htm>