[kictanet] [Skunkworks] Kenya IGF on line Discussions Day 2: Intermediary Liability

[Kivuva]

Back home, Its was just recently that KENIC in conjunction with
Safaricom arm twisted a registrar to pull down a domain registered by
a disgruntled customer. Safaricon.co.ke had content that was making
Safaricom very very uncomfortable. I would have wished to know how the
court would have handled this case. More on
http://bake.or.ke/blog_feed_item/12277

Before that, there was a fake Equity Bank website
Equitybanknig-plc.com that was a clone of the real website
equitybank.co.ke, and "experts" suspected it was a phishing website. I
would have wished to know how that was resolved
http://businessinfocus.blogspot.com/2009/09/equity-banks-membership-drive-attracts.html?m=1

On 14/06/2012, Barrack Otieno <otieno.barrack at gmail.com> wrote:
> Listers,
>
> Internet intermediaries can be looked at as go-betweens, they act
> between two parties on the Internet enabling the transmission and
> sharing of information. They allow communication, and provide
> knowledge and content of all types, from email to entertainment.
> However, they do not make decisions about the type of content that
> passes through their facilities. OECD (2010, p. 9) identifies Internet
> intermediaries to include ‘Internet access and service providers
> (ISPs), data processing and web hosting providers including domain
> name registrars, internet search engines and portals, internet payment
> systems, e-commerce intermediaries and participative networking
> platforms which include internet publishing and broadcasting platforms
> that do not themselves create or own content being published or
> broadcast’.
>
> From a Kenyan perspective, it is important to consider mobile service
> providers as intermediaries since mobile telephony continues to set
> the stage for adoption of Internet access even though they are
> regulated under telecom laws.
>
> Intermediary liability arises where governments or private litigants
> can hold Internet intermediaries liable for unlawful or harmful
> content created by users of their services.
> The power and influence of Internet intermediaries, as well as their
> limitations in enabling communication and facilitating information
> flows is now attracting more attention in Internet governance
> discussions.
>
> Questions:
>
> 1.    What are the laws that govern intermediary liability in Kenya?
>
> 2.    What sort of content would be deemed a liability by
> intermediaries and therefore justify removal?
>
> 3.    Has Kenya had instances where intermediaries have been asked to
> take down content or block services e.g. text messages?
>
> 4. Any other concern?
>
> The floor is open
>
> --
> Barrack O. Otieno
> +254721325277
> +254-20-2498789
> Skype: barrack.otieno
> http://www.otienobarrack.me.ke/
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