[kictanet] Discussion intermediary liability in Kenya

Wed Oct 3 21:23:32 EAT 2012

Meanwhile, as consider these issues, here's some food for thought:

Judge orders arrest of Brazil Google president
Continue reading the main
story<http://www.bbc.co.uk/news/world-latin-america-19724403#story_continues_1>Related
Stories

   - Google opens data centre in
Chile<http://www.bbc.co.uk/news/technology-19518307>
   - Rio anger over favela Google
map<http://www.bbc.co.uk/news/world-latin-america-13193503>

A regional judge has ordered the arrest of Google's president in Brazil,
Fabio Jose Silva Coelho, after the company failed to take down YouTube
videos. Authorities say the videos are slanderous towards a candidate
running in a city's election for mayor.

See:  http://www.bbc.co.uk/news/world-latin-america-19724403
And here is another related story:
http://latino.foxnews.com/latino/news/2012/09/27/brazil-detains-google-chief-over-anti-islam-youtube-clip/

Cheers

Victor

On 3 October 2012 19:03, Grace Githaiga <ggithaiga at hotmail.com> wrote:

>  Thanks Alice
> I agree we put on hold the discussion on intermediaries and come back to
> it after the physical meeting.
>
> Rgds
> GG
>
> > 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>_______________________________________________
> > >> kictanet mailing list
> > >> kictanet at lists.kictanet.or.ke
> > >> https://lists.kictanet.or.ke/mailman/listinfo/kictanet
> > >>
> > >> Unsubscribe or change your options at
> https://lists.kictanet.or.ke/mailman/options/kictanet/chsharp%40cisco.com
> > >>
> > >> 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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> > kictanet at lists.kictanet.or.ke
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> >
> > Unsubscribe or change your options at
> https://lists.kictanet.or.ke/mailman/options/kictanet/ggithaiga%40hotmail.com
>
> >
> > 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.
>
> _______________________________________________
> kictanet mailing list
> kictanet at lists.kictanet.or.ke
> https://lists.kictanet.or.ke/mailman/listinfo/kictanet
>
> Unsubscribe or change your options at
> https://lists.kictanet.or.ke/mailman/options/kictanet/vkapiyo%40gmail.com
>
> 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.
>

-- 
Victor Kapiyo, LL.B

====================================================
*“Your attitude, not your aptitude, will determine your altitude” Zig Ziglar
*
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