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

[Kivuva]

On 25 November 2013 21:24, 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?*
>

On Article I – 9:
It was observed in IGC that Spam should not only be "Direct Marketing" but
cover ALL forms of "unsolicited communication". My question to the list is,
is there any "unsolicited communication" that is not "Direct Marketing"?

What does "indirect communication" mean in this clause if that
communication is targeting my phone, facsimile, and email address?

*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 – 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!*
>
>
>
Article I – 27
This article is surely so open, lawyers would have a field day with
prosecutors since there is no specifics. This clause looks to be like the
"copy and paste" legislation. Maybe lawyers in the list can clarify to us
further.

______________________
Mwendwa Kivuva, Nairobi, Kenya.
twitter.com/lordmwesh
google ID | Skype ID: lordmwesh
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