[kictanet] intermediary liability in Kenya

[Alice Munyua]

Dear listers,

Find attached an invitation to a breakfast meeting on 10th October to 
discuss this issue.

Best
Alice


On 02/10/2012 13:03, Grace Githaiga wrote:
>
> Listers
>
> Greetings.
>
> This is a follow up to Alice’s email in which she shared a study on 
> intermediary liability in Kenya, and inviting you to a discussion on 
> the same.
>
> Internet intermediaries bring together or facilitate transactions 
> between third parties on the Internet. They give access to, host, 
> transmit and index content, products and services originated by third 
> parties on the Internet or provide internet based services to third 
> parties.’
>
> OECD 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 was indirectly discussed on this list last week 
> through the Piracy/WAPkid/Copyright discussion.
>
> *Question:*
>
> 1.Are there other ways that we should define intermediaries?
>
> 2.What role should intermediaries play?
>
> 3.Considering that they do not create the content, should they be 
> liable? And if so, in what ways?
>
> Please feel free to respond to any of the issues.
>
> Rgds
>
> Grace
>
>
> ------------------------------------------------------------------------
> Date: Mon, 1 Oct 2012 19:57:35 +0300
> From: alice at apc.org
> Subject: [kictanet] Discussion intermediary liability in Kenya
> CC: kictanet at lists.kictanet.or.ke
> To: ggithaiga at hotmail.com
>
> Dear Colleagues,
>
> This is an invitation to a discussion on intermediary liability in 
> Kenya starting tomorrow Tuesday 2nd October 2012, which will be 
> followed by a breakfast meeting on 10th October at jacaranda hotel.
>
> See attached the initial findings of the study on Intermediary 
> Liability in Kenya. We welcome comments. Please note that this initial 
> report is a forthcoming publication, and it should not be cited 
> publicly until November, when the final report will be made available.
>
> The study notes that there is a lack of a clear framework for 
> liability of intermediaries and a lot of uncertainty in understanding 
> our evolving post-constitution legislative environment particularly in 
> "regards to what offenses may happen on communications networks and 
> whether intermediaries would be liable or not, this may have 
> contributed to caution and self-regulation.
>
> In addition, there seems to be no legislated take down procedures 
> other than responding in court to whichever law was cited as broken.   
> Do we need a "clear framework for liability of intermediaries, 
> and safe harbor legislation?   What are the strengths and weaknesses 
> of the current situation?
>
> We would like to encourage policy discussions on these issues with the 
> aim of providing concrete recommendations and way forward.
>
> Grace Githaiga and Victor Kapiyo will take it from here
>
> Best
>
> Alice
>
>
> This is a project of:
>
>   * Kenya ICT Action Network (KICTANET)
>   * Open Society Initiative (OSI)
>   * Association for Progressive Communications (APC)
>   * Google
>   * Ministry of Information and Communications
>   * Telecommunications Service Providers Association of Kenya (TESPOK)
>
>
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