[kictanet] Day 2: On-line debate on African Union Convention on Cyber Security (AUCC)

[Grace Githaiga]

Dear Listers
We appreciate those who took time to respond to yesterday's questions. We also got a number of response from the Internet Governance Caucus list. Please feel free to go back to Day one and make further comments. 
We have a reporting template and Robert Mureithi of CIPIT Strathmore University has created a google doc of the week's debate and where daily issues will be updated https://docs.google.com/document/d/1ir5NijyJLWw-SwQzkgyd68thvQwJs7yhMC3J7e9Wlk8/edit?pli=1
Today, we move on to Day 2 discussion. This is a continuation of Day one on Part 1 on Electronic transactions.
Today, we raise two questions: 
Article I – 9:

Direct marketing through any form of
indirect communication including messages forwarded with automatic message
sender, facsimile or electronic mails in whatsoever form, using the particulars
of an individual who has not given prior consent to receiving the said direct
marketing through the means indicated, shall be prohibited by the member states
of the African Union.

Article I – 10:

 The provisions of Article I – 9 above notwithstanding,
direct marketing prospection by electronic mails shall be permissible where:

1) The particulars of the addressee have been obtained
directly from him/her,

2) The recipient has given consent to be contacted by the
prospector partners

3) The direct prospection concerns similar products or
services provided by the same individual or corporate body.


Question: Is this a realistic way of dealing with spam? 


Article I – 27

Where the legislative provisions of Member States have not
laid down other provisions, and where there is no valid agreement between the
parties, the judge shall resolve proof related conflicts by determining by all
possible means the most plausible claim regardless of the message base
employed.


Question: What is the
meaning of this article and is it necessary? Some
clarity needed!
We welcome your thoughts.RgdsGG

 		 	   		  
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