[kictanet] CCK PUSHES LOCAL FIRMS TO HOST WEBSITES LOCALLY

[Kivuva]

This is what Walu is talking about, it's easier to enforce LAWFULLY local
hosted content than that in the west. See this report from CIPESA.

My understanding is Western country companies have a very low opinion on
our judicial system. They NEVER obey court orders from these region.


http://www.cipesa.org/?wpfb_dl=65
http://www.cipesa.org/2013/09/online-freedoms-under-siege-as-african-countries-seek-social-media-users-information/
Online Freedoms Under Siege as African Countries Seek Social Media Users’
Information

Date posted: September 9, 2013

Only a small fraction of requests made by law enforcement officials to
Facebook, Google and Twitter for users’ identities or to block content
originate from Africa, but there is cause to worry.

Facebook, whose popularity across Africa is growing exponentially, lists
Botswana, Egypt, Ivory Coast, South Africa, and Uganda among the countries
that requested users’ details in the first half of 2013. Meanwhile, last
year saw seven African countries ask Google to remove content compared to
only one request from the continent – by Libya – in 2010 and 2011. The
beauty is that most of those requests were rejected.

No African country made a request for user account information either to
Google or Twitter in the first half of 2013.

*Facebook*

In the first half of 2013, Botswana made three requests to Facebook related
to seven users.  Egypt had eight requests regarding 11 accounts, the Ivory
Coast lodged four requests, Uganda one request and South Africa 14 requests
on nine users. All requests from Africa were denied.

*Table 1: Facebook Data Requests (**By Author from Facebook Global
Government Requests Report)
<https://www.facebook.com/about/government_requests>*
  *Country* *Total Requests* *Users/Accounts requested* *Compliance rate*
Botswana 3 7 0%  Egypt 8 11  Ivory Coast 4 4  Uganda 1 1  South Africa
14 9  *Global
Highest*  India 3,245 4,144 50%  United States of America 11,000 –
12,000 20,000
– 21,000 79%

*Google*

Eight African countries have made at least one content removal request to
Google since 2010. Djibouti’s 2012 request to block YouTube videos
containing the movie *Innocence of Muslims* on the grounds of “religious
offense” was rejected. But a similar request by Egypt was temporarily
complied with, because of the “difficult circumstances” in this country at
the time.

Meanwhile, a Kenyan request to remove content from blogger, arising out of
a court order in a defamation case, was rejected. The Island nation of
Mauritius made two content removal requests in the first half of 2012. Both
were for reasons of defamation; both were rejected. Madagascar’s two
requests were court-mandated on defamation grounds but Google accepted only
one. Sierra Leone made one request regarding 60 items on Youtube which it
wanted blocked as they portrayed or promoted violence. Google declined the
request, which was made by executive not court order.

In the first half of 2012, South Africa had three court-ordered removal
requests related to 11 items and Google fully complied. In the second half
of 2012, Pretoria made three court ordered requests related to eight items
and 33% was complied with. All South African requests were related to
defamation.

Previous Google reports show that in the period July – December 2010, Libya
made 68 requests for a total of 203 items to be removed from Youtube. Of
these requests, 31% were complied with, either by some or all of the
content being removed. In the subsequent six months, Libya’s two requests
regarding five items were denied. All of Libya’s requests were not backed
by a court order

*Twitter*

South Sudan, the continent’s youngest nation, is the only African country
that made a user information request to Twitter between July and December
2012. Juba’s request was denied.

*A Catalogue of Infringements*
While only a handful of African countries are making these requests, there
is nonetheless evidence of a worrying trend, in which African countries are
taking both legal and non-legal measures to curtail the freedoms of
individuals to express themselves on the internet.

The last year has seen a spiral of activity against online freedom of
expression in numerous African countries. In fact, 2013 might go down as a
record year in terms of curtails on internet rights on the continent.

Gambia has passed a
law<http://globalvoicesonline.org/2013/07/12/new-internet-law-in-the-gambia-puts-gag-on-government-criticism/>under
which those who publish “false news” online about the government can
be handed a 15 year jail term and fined up to US$90,000. Meanwhile, Zambia
president Michael Sata’s government in July blocked access to the *Zambian
Watchdog *website<http://cpj.org/2013/07/in-zambia-harassment-of-watchdog-site-continues.php>,
accusing it of promoting hate speech. Two journalists arrested on suspicion
of working with the online publishers were due to appear in court. Another
website, *Zambia Reports, was blocked too. *Some observers said blocking
the websites was part of the government’s campaign to silence independent
critics.

Next door in Zimbabwe, security agencies spent several weeks in the run-up
to the July 2013 general elections looking for ‘Baba
Jukwa’<http://www.telegraph.co.uk/news/worldnews/10178570/Mugabe-hunts-for-internet-mole-Baba-Jukwa-revealing-his-secrets.html>,
whose Facebook page published popular exposes of the excesses of President
Robert Mugabe’s government. Three weeks before election day, there were
reports Mr. Mugabe’s machinery had staked a US$300,000 bounty to unearth
the identity of the whistleblower as it moved to block access to the site.

There have also been cases of bloggers charged in court in Kenya and
others sought
by authorities<http://www.nation.co.ke/News/14-bloggers-linked-to-hate-messages/-/1056/1732288/-/cut5kvz/-/index.html>over
their Facebook, blogger and Twitter posts, amidst concerns that
authorities were infringing citizens’ right to free expression. The country
also asked internet intermediaries to monitor their
traffic<http://iwpr.net/report-news/tackling-online-hate-speech-kenya>for
messages deemed “inflammatory” or “divisive” in a move some observers
believed could be an invasion of privacy. Kenya has also ordered the
blocking of access to some websites, such as
Mashada<http://jameni.com/was-the-government-justified-in-shutting-down-mashada-com/>
.

Burundi – always a high-flying culprit in clamping on free expression – in
May ordered the online newspaper www.iwacu-burundi.org to block readers’
comments for 30 days, after
accusing<http://www.trust.org/item/20130531164503-qium7/?source%20=%20hppartner>it
of publishing comments that violated media law on “national unity,
public order and security, inciting ethnic hatred, defending criminal
activity and insulting the head of state.”

Perhaps more than any other country in Africa, Ethiopia regularly blocks
websites, undertakes surveillance of websites and social media, and charges
journalists over content published offline and online. In May 2013, the
Supreme Court upheld the conviction and 18-year prison sentence for
journalist and blogger Eskinder
Nega<http://www.independent.co.uk/voices/comment/voices-in-danger-jailed-for-18-years-for-criticising-ethiopias-government-journalist-eskinder-nega-vows-to-keep-fighting-8644555.html>,
convicted last year of “terrorism acts” related to his writing. The
state-run telecom monopoly Ethiopia Telecom has for many years been
used to filter
content<https://opennet.net/blog/2012/11/update-information-controls-ethiopia>and
hundreds of websites remain blocked. These include blogs and websites
of a number of recently convicted individuals, news organisations,
political parties, bloggers, and international organisations.

In Uganda, where authorities have in the past ordered internet service
providers to block access to certain websites and services, the government
announced<http://www.cipesa.org/2013/06/ugandas-assurances-on-social-media-monitoring-ring-hollow/>it
would form a social media monitoring center “to weed out those who use
this media to damage the government and people’s reputations” and also
targeted at those “bent to cause a security threat to the nation.” Many
other countries on the continent have variously interfered with citizen’s
internet rights – many times unjustifiably.

The number of requests made by African countries is therefore not
reflective of the state of online freedom on the continent. This is because
most governments have unilateral means of dealing with situations they do
not like, without going through multilateral intermediaries. As we are
witnessing, they can enact national legislations, issue uncontested orders
to local intermediaries, or use extra-legal measures.

With more people on the continent getting online (mobile penetration in
Africa stands at 63%, internet usage at 16% of the population), governments
are likely to infringe more on citizens’ online freedoms. A challenge then
is to promote awareness about protecting and promoting online freedoms.
There is also a need to continuously promote responsible user behaviour
online, as not all state efforts to monitor citizens’ actions online are
unjustifiable.

Download the full OpenNet Africa Brief here<http://www.cipesa.org/?wpfb_dl=65>
.

To learn more about CIPESA’s OpenNet Africa project and its monitoring of
online freedoms, or to share an idea or report a violation, write to:
programmes at cipesa.org.


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


On 28 November 2013 02:59, Ali Hussein <ali at hussein.me.ke> wrote:

> @Walu
>
>
> This realization in itself will increase self-regulation at User,Content
> Provider and Operator levels.
>
>
> You mean censorship?
>
> There is only one route to that as the media in this country discovered..
>
> Ali Hussein
>
> +254 0770 906375 / 0713 601113
>
> "I fear the day technology will surpass human interaction. The world will
> have a generation of idiots".  ~ Albert Einstein
>
> Sent from my iPad
>
> On Nov 28, 2013, at 10:25 AM, Walubengo J <jwalu at yahoo.com> wrote:
>
>
>
> @Liko, @Eng Karuiki,
>
> Recall that this local hosting/ cyber security is not my ideal position.
> Just a consensus understanding  I picked from my long online argument on
> the same with Sammy B.
>
> But maybe we can use the defamation example. If I defamed someone on a
> blog hosted locally, it is easier  to enforce a pull-down order from a
> local court as oppsed to if the content sits abroad and physically under a
> different jurisdiction.
>
> Enforcement is therfore easier because one can walk up to the server room
> and make arrests if the techies decline to implement an order.
>
> This realization in itself will increase self-regulation at User,Content
> Provider and Operator levels.
>
> my 2pings.
>
> walu.
>
>
>
>
>
> ------------------------------
> On Wed, Nov 27, 2013 8:12 PM AST (Arabian) Agosta Liko wrote:
>
> Walu
>
>
> How does local hosting does give local enforcement (police, prosecution,
>
> judiciary) some teeth ?
>
>
>
>
>
> On Wed, Nov 27, 2013 at 7:46 PM, Walubengo J <jwalu at yahoo.com> wrote:
>
>
> @WhiteAfrican,
>
>
> I do get your message.  But your language might be considered too strong
>
> by @BlackAfrican standard and folks may take offense. Check Ali's post on
>
> the same - same message, different words :-)
>
>
> That said, I think the King @CCK has been caught "naked".    Maybe the
>
> planned regulation is to make ALL GOVERNMENT data local (which is within
>
> the government/regulatory scope to make the call). Or maybe he was
>
> misquoted, or maybe I might be trying to hard to do the PR job for CCK...
>
>
> @Wambua, you have off late gone completely underground?
>
>
> walu.
>
> nb: the benefit of local hosting within the context of cybersecurity was
>
> argued on a 1-on-1 between me and Sammy B and we came to some consensus :-
>
> that local hosting does give local enforcement (police, prosecution,
>
> judiciary) some teeth...and by extension this in itself can act as
>
> deterrent against would-be cybercriminals.
>
>
> I however dont think that this should  lead to a decree that everyone MUST
>
> host locally because then I will have to give up my jwalu at yahoo.com mail
>
> account to avoid hosting my mails abroad :-)
>
>
>
> --------------------------------------------
>
> On Wed, 11/27/13, Erik Hersman <erik at zungu.com> wrote:
>
>
> Subject: Re: [kictanet] CCK PUSHES LOCAL FIRMS TO HOST WEBSITES LOCALLY
>
>  To: jwalu at yahoo.com
>
> Cc: "KICTAnet ICT Policy Discussions" <kictanet at lists.kictanet.or.ke>
>
> Date: Wednesday, November 27, 2013, 4:41 PM
>
>
>  This is the kind of
>
> stupidity that makes you wonder if the people dealing with
>
> the internet regulations and policy at CCK even know what
>
>  the internet is.
>
>
>
>  --
>
> Erik Hersman
>
>
> Ushahidi | iHub | BRCK at WhiteAfrican
>
>
> On Nov 27, 2013, at 8:12 AM, Rad!
>
> <conradakunga at gmail.com>
>
> wrote:
>
> Absolutely absurd if this is in
>
> fact true.
>
> How does hosting sites locally mitigated against
>
> cybercrime?
>
>
>  What business does anyone have dictating to me
>
> where i can and can't host my websites?
>
>
>
>  On Wed, Nov 27, 2013 at
>
> 6:35 AM, Ali Hussein <ali at hussein.me.ke>
>
> wrote:
>
>
>  Listers
>
>
> The Communications
>
> Commission of Kenya has proposed a licensing condition that
>
>  may compel Internet service providers (ISPs) to bring
>
> websites hosted offshore back to the country in the fight
>
>  against cyber crime...
>
>
>
>
> http://www.businessdailyafrica.com/Corporate-News/CCK-pushes-firms-to-host-websites-locally-in-new-rules/-/539550/2089412/-/15ly5o1z/-/index.html
>
>
> I sincerely hope that the DG was
>
>  somehow misquoted on this story. Whilst its a good idea to
>
> host sites locally this in no way stops cybercrime or
>
> mitigates it. Infact with the rudimentary security
>
> infrastructure most providers have I will be loath to host
>
> any site locally leave alone an Ecommerce one
>
> locally.
>
>
> Can government please focus on
>
>  legislation and regulation instead of butting into my
>
> business and telling me where I should host my website??
>
>
>
>  Ali Hussein
>
>
> +254 0770 906375 / 0713
>
> 601113
>
> "I fear the day technology will
>
> surpass human interaction. The world will have a generation
>
>  of idiots".  ~ Albert Einstein
>
>
> Sent from my iPad
>
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> interested and involved in ICT policy and regulation. The
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>
> KICTANetiquette : Adhere to the same standards of acceptable behaviors
> online that you follow in real life: respect people's times and bandwidth,
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>
> 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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