[kictanet] Licensing Framework for .ke - This is a reminder to get some response from CA, KENIC, DRAKE

Tue Dec 9 13:41:55 EAT 2014

*The best way to get a bad law repealed is to enforce it strictly.*

Abraham Lincoln
<http://www.brainyquote.com/quotes/quotes/a/abrahamlin122582.html>

*Kip*

*A Cruce Salus*

On Tue, Dec 9, 2014 at 12:52 PM, Brian Munyao Longwe via kictanet <
kictanet at lists.kictanet.or.ke> wrote:

> Reminds of 2001 when Kenya became the first country (in the world) to
> require that an Internet Exchange Point be licensed..... which set a bad
> precedent for the rest of the continent and especially the sub-region,
> which has a habit of adoringly following Kenya's footsteps....
>
> But it's OK, once industry gets squeezed until it hurts, maybe they will
> wake up and start lobbying for less regulation and more facilitation, till
> then CA - please keep squeezing!
>
> Mblayo
>
> On Tue, Dec 9, 2014 at 12:32 PM, Ali Hussein via kictanet <
> kictanet at lists.kictanet.or.ke> wrote:
>
>> Rose
>>
>> I appreciate your response albeit 11 days later. :)
>>
>> As a founding member of DRAKE I'm concerned that the association of
>> Registrars is taking this lying down. I however will take this up with you
>> offline and see if there is a place for a contrary viewpoint on this.  I
>> firmly believe that regulation is there to make things better and provide
>> an enabling environment for players to play.
>>
>> Do we know what the fees for licensing are? This half-backed
>> implementation of a licensing framework doesn't auger well for the sector.
>>
>> *Ali Hussein*
>>
>> +254 770 906375 / 0713 601113
>>
>> Twitter: @AliHKassim
>>
>> Skype: abu-jomo
>>
>> LinkedIn: http://ke.linkedin.com/in/alihkassim
>> <http://ke.linkedin.com/in/alihkassim>
>>
>> Blog: www.alyhussein.com
>>
>> "I fear the day technology will surpass human interaction. The world will
>> have a generation of idiots".  ~ Albert Einstein
>>
>> Sent from my iPad
>>
>> On Dec 9, 2014, at 11:57 AM, Rose Maghas <rose at gbc.co.ke> wrote:
>>
>> Dear Ali and all Listers,
>>
>>
>>
>> If you look at the The Kenya Information And Communications Act Chapter
>> 411A, specifically section 83D it states
>>
>> *83D. *(1) No person shall—
>>
>> (*a*) operate an electronic certification system; or
>>
>> (*b*) update a repository or administer a sub-domain in the Kenya
>> country top level domain (.ke ccTLD);
>>
>> except in accordance with a licence granted under this Act.
>>
>>
>>
>> For implementation of the Act , it therefore requires that if registrars
>> are going to administer the domains by way of being the admin contact, they
>> do require to be licensed.
>>
>>
>>
>> Now to go specifically to the questions you raised:
>>
>>
>>
>> *1. Shouldn't the CA/KeNIC simply have informed Registrars on the new
>> licensing framework etc.? This is a simple matter. KeNIC has all the
>> contacts (through DRAKE) of the Registrars. Better still, wouldn't it be
>> even a better idea to convene a meeting where we are all taken through the
>> new regime? Can this new framework be shared via email to all interested
>> parties?*
>>
>>
>>
>> I cannot speak for CA or KENIC. However the “ccTLD consultation Paper on
>> Licensing Framework”  that was sent out in January by Christopher Wambua
>> had an item on licensing of registrars under item no. 4.2  and I quote “*4.2.Dot
>> KE Subdomain Name Registrars*
>>
>> Dot KE ccTLD subdomain Registrars shall be required to obtain a licence
>> from the Commission as a requirement for accreditation from the Dot KE
>> ccTLD and
>>
>> subdomains Registry to provide Dot KE ccTLD subdomain Registrar services.”
>>
>>
>>
>> 2*. **What is DRAKE's official position on this?*
>>
>> Having read through the document and participated as a stakeholder, DRAKE
>> does support the implementation of the same.
>>
>>
>>
>> *3. As a Registrar the first thing that comes to mind is this:- *
>>
>>
>>
>> *Are we not complicating and putting barriers for businesses to sell .ke
>> domains by requiring them to be licensed by CA? Isn't it enough that the
>> Registry is now being licensed and that the Registry vets Registrars? How
>> are we going to grow .ke if we now have to troop to CA every year? *
>>
>> *I stand corrected but I have NEVER required to be licensed by CA or
>> ICANN to sell .ug, .tz, .com .net etc. Is it just me or is there something
>> more to this than meets the eye?*
>>
>>
>>
>> I believe with this kind of framework, we can demand more from both CA
>> and KENIC and we know that if KENIC fails we have CA to whom we can require
>> and demand both the right policies and environment to enhance our domain
>> registration business.
>>
>>
>>
>> Regards,
>>
>>
>>
>> Rose Maghas
>>
>> DRAKE Chairperson
>>
>> 0786 220001
>>
>>
>>
>> *From:* kictanet [
>> mailto:kictanet-bounces+rosemaghas=gmail.com at lists.kictanet.or.ke
>> <kictanet-bounces+rosemaghas=gmail.com at lists.kictanet.or.ke>] *On Behalf
>> Of *Ali Hussein via kictanet
>> *Sent:* 09 December 2014 10:30
>> *To:* rosemaghas at gmail.com
>> *Subject:* Re: [kictanet] Licensing Framework for .ke - This is a
>> reminder to get some response from CA, KENIC, DRAKE
>>
>>
>>
>> To CA, KENIC, DRAKE and other stakeholders
>>
>>
>>
>> I'm really curious that something as important as this has gone
>> unanswered by you. What are we to make of this?
>>
>>
>>
>> Can you please give us direction.
>>
>>
>>
>> Regards
>>
>>
>>
>> *Ali Hussein*
>>
>>
>>
>> +254 770 906375 / 0713 601113
>>
>>
>>
>> Twitter: @AliHKassim
>>
>> Skype: abu-jomo
>>
>> LinkedIn: http://ke.linkedin.com/in/alihkassim
>>
>> Blog: www.alyhussein.com
>>
>>
>>
>> "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 27, 2014, at 10:40 AM, Ali Hussein <ali at hussein.me.ke> wrote:
>>
>> Listers
>>
>>
>>
>> Apologies for cross posting.
>>
>>
>>
>> The above refers. Please see attached an advert appearing in the local
>> newspapers regarding the above.
>>
>>
>>
>> The gist of the advert is to state:-
>>
>>
>>
>> 1. The CA has now developed a licensing framework to administer the .KE
>> name space.
>>
>> 2. That before any Registrar purports to sell or be accredited by KeNIC
>> they must first be licensed by CA.
>>
>> 3. That if you require more information on the above please contact the
>> CA.
>>
>>
>>
>>
>>
>> Now, listers, a number of things have been playing in my mind over the
>> last few days. And these are:-
>>
>>
>>
>> 1. Shouldn't the CA/KeNIC simply have informed Registrars on the new
>> licensing framework etc.? This is a simple matter. KeNIC has all the
>> contacts (through DRAKE) of the Registrars. Better still, wouldn't it be
>> even a better idea to convene a meeting where we are all taken through the
>> new regime? Can this new framework be shared via email to all interested
>> parties?
>>
>>
>>
>> 2. What is DRAKE's official position on this?
>>
>>
>>
>> 3. As a Registrar the first thing that comes to mind is this:-
>>
>>
>>
>> Are we not complicating and putting barriers for businesses to sell .ke
>> domains by requiring them to be licensed by CA? Isn't it enough that the
>> Registry is now being licensed and that the Registry vets Registrars? How
>> are we going to grow .ke if we now have to troop to CA every year?
>>
>>
>>
>> I stand corrected but I have NEVER required to be licensed by CA or
>> ICANN to sell .ug, .tz, .com .net etc. Is it just me or is there something
>> more to this than meets the eye?
>>
>>
>>
>> C'mon guys, lets not complicate matters unnecessarily!
>>
>>
>> *Ali Hussein*
>>
>>
>>
>>
>>
>> Tel: +254 770 906375/ 713 601113
>>
>> Twitter: @AliHKassim
>>
>> Skype: abu-jomo
>>
>> LinkedIn: http://ke.linkedin.com/in/alihkassim
>>
>> Blog: www.alyhussein.com
>>
>>
>> Any information of a personal nature expressed in this email are purely
>> mine and do not necessarily reflect the official positions of the
>> organizations that I work with.
>>
>> <CA.Public Notice on .KE and Licensing of .ke Registrars.pdf>
>>
>> <ccTLD_Consulation_Paper_on_Licensing_Framework.pdf>
>>
>>
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>
>
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>
> 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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