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

[Barrack Otieno]

Dear GG,

Indeed there is a need for proper acquisition of data for mailing purposes,
there has to be proof of willing buyer willing seller, getting the right
balance might be tricky but with an elaborate data protection act, this can
be clearly defined.


On Tue, Nov 26, 2013 at 12:24 AM, Grace Githaiga <ggithaiga at hotmail.com>wrote:

> 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:* I*s 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.
>
> Rgds
>
> GG
>
>
>
>
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>
>


-- 
Barrack O. Otieno
+254721325277
+254-20-2498789
Skype: barrack.otieno
http://www.otienobarrack.me.ke/
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