[kictanet] Fwd: a question of the communications act

Fri Jul 13 05:08:53 EAT 2012

oops, I see its hosted in California. but since there's a local
subsidiary, it is worth trying to get a court order.
this is just thinking, will have to check whether there is precedent for it.
best

2012/7/13, Grace Mutung'u (Bomu) <nmutungu at gmail.com>:
> 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
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>>
>
>
> --
> Grace L.N. Mutung'u (Bomu)
> Kenya
> Skype: gracebomu
> Twitter: GraceMutung'u (Bomu)
>

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