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

[Grace Mutung'u (Bomu)]

todays Nation had an interesting story on intermediary liability in "a
letter from London" see
nation.co.ke/oped/Opinion/Crackdown+planned+on+cruel+Internet+hoaxes+/-/440808/1429216/-/aie6ej/-/index.html

2012/6/17, Kivuva <Kivuva at transworldafrica.com>:
> 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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>
>
> --
> ______________________
> Mwendwa Kivuva
> For
> Business Development
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-- 
Grace L.N. Mutung'u (Bomu)
Kenya
Skype: gracebomu
Twitter: GraceMutung'u (Bomu)