[kictanet] Discussion intermediary liability in Kenya

[Chip Sharp (chsharp)]

Alice,

As always, I am encouraged by the vibrant debate and process I see on kictanet.

My apologies if this has already been posted, but below please find a link to an OECD Workshop on the topic:
"Expert Workshop on The Role of Internet Intermediaries in Advancing Public Policy Objectives"  (Paris, 16 June 2010)
http://www.oecd.org/sti/interneteconomy/expertworkshopontheroleofinternetintermediariesinadvancingpublicpolicyobjectivesparis16june2010.htm

This page has been updated with links to a book on the subject published in 2011 and Parts 1 and 2 of their study on the matter.
  "The Economic and Social Role of Internet intermediaries" [DSTI/ICCP(2009)9/FINAL],
  "The Role of Internet Intermediaries in Advancing Public Policy Objectives" [DSTI/ICCP(2010)11/FINAL]

It might be useful also to view the Civil Society Information Society Advisory Council (http://csisac.org) comments:
https://www.eff.org/document/csisac-comments-oecd-internet-intermediaries

I know this is a lot of reading in a very busy time but thought it might be useful food for thought.

Thanks,
Chip

**Disclaimer:  The views expressed in this email are my personal views and do not represent the views of Cisco Systems or any other organization or delegation to which I might belong.**



On Oct 1, 2012, at 12:57 PM, Alice Munyua wrote:

> 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)
> 
> <Kenya Intermediary Liability Draft Report for discussions.pdf>_______________________________________________
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