[kictanet] Discussion intermediary liability in Kenya

Wed Oct 3 19:03:30 EAT 2012

Thanks AliceI agree we put on hold the discussion on intermediaries and come back to it after the physical meeting.
RgdsGG

> Date: Wed, 3 Oct 2012 17:19:04 +0300
> From: alice at apc.org
> Subject: Re: [kictanet] Discussion intermediary liability in Kenya
> CC: kictanet at lists.kictanet.or.ke
> To: ggithaiga at hotmail.com
> 
> Dear Chip  and all
> 
> 
> Thank you for sharing these valuable resources to enrich intermediary 
> liability discussions.
> 
> However, we have a more pressing issue to discuss, our  "mobile switch 
> off"  (and here's a great article on that 
> http://www.ihub.co.ke/blog/2012/10/phones-switch-off-how-it-was-done-why-and-what-next/)
> 
> We will focus on that for a while and come back to the internet 
> liability discussion after the breakfast meeting on 10th October. But 
> this should not stop any lister from posting an opinion on the issue.
> 
> 
> Best
> Alice
> 
> > 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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> >> kictanet at lists.kictanet.or.ke
> >> https://lists.kictanet.or.ke/mailman/listinfo/kictanet
> >>
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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 not spam, do not market your wares or qualifications.
> 
> 
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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 not spam, do not market your wares or qualifications.

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