[kictanet] Fwd: a question of the communications act

Fri Jul 13 05:04:48 EAT 2012

interesting case.
I am sure you can also get a court order to umask the owner of the
site where the same is hosted. is it hosted locally?

2012/7/12, Ali Hussein <ali at hussein.me.ke>:
> Collins
>
> No way around that unfortunately..If I were you I would pursue this in court
> because even though you may not know the author you know the Intermediary.
> Google may perfectly be within their rights in this particular case. I am
> sure their legal department takes cases like this very seriously.
>
> Thing is Collins that someone somewhere must take a stand on some of these
> postings in the blogosphere. Creative license and freedom of speech is well
> enough and good but if it is abused then the person who feels wronged also
> has the same freedom to take corrective action within the confines of the
> law.
>
> On a light note...Am I seeing a case study Collins vs Google & unnamed
> Blogger? :)
>
> I say go for it bro!
>
> Ali Hussein
>
> +254 773/713 601113
>
> Sent from my iPhone®
>
> On Jul 12, 2012, at 8:39 PM, Collins Areba <arebacollins at gmail.com> wrote:
>
>> I do not know if it is a function of having this discussion here, or the
>> time zones on their end but responses are coming in swift and fast. Since
>> I may not be able to attend the said meeting, I will continue to serialize
>> communication (generic info only) for purposes of reference and for future
>> reference.
>>
>> here is the official response on my request for information about the
>> author from google for appropriate action:
>>
>> Thanks for reaching out to us.
>> Please note that this team does not handle production of user
>> information.
>> The information you are requesting is subject to state and federal laws.
>> In accordance with those laws, it is Google's policy to only provide
>> subscriber information pursuant to a valid third party subpoena or other
>> appropriate legal process.
>> We accept civil subpoenas by registered mail or personal service. We are
>> unable to accept service by email, fax, or any form of electronic service
>> at this time.
>> Civil subpoenas may be served at the following address:
>>
>> Then of course their California address.... The saga continues.
>>
>> 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?
>>
>>
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>> 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.
>

-- 
Grace L.N. Mutung'u (Bomu)
Kenya
Skype: gracebomu
Twitter: GraceMutung'u (Bomu)