[kictanet] Net Neutrality Debate Observation

Barrack Otieno otieno.barrack at gmail.com
Sat Dec 5 12:33:36 EAT 2015


This is correct Walu.

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On 12/5/15, Walubengo J via kictanet <kictanet at lists.kictanet.or.ke> wrote:
> @Karanja,
> You are very right about little LOCAL research on this issue.
> However, I want to say that the local researchers exist, but the local
> players are VERY hesitant to engage.  For example, 6weeks ago, I wrote to
> all the local actors (Operators, Content Providers, Regulators, etc) around
> these issues and I regret to say that ONLY one operator (Safaricom) and the
> regulator (CA) cared to respond.
> It then becomes extremely difficult to counter foreign supplied data with
> 'local' data - that is not accessible because the data owners are not
> responsive. Ironically, if these data was requested by multinational
> researchers say from Mcainsey, they are likely to be treated better.
> Until and unless we start believing and trusting our own researchers, Africa
> will remain in awe of foreign data and research. We must explore ways that
> would enable operators, content providers and others to open up to local
> researchers - rather than just to foreign researchers.
> walu.
>
>
>       From: Mose Karanja via kictanet <kictanet at lists.kictanet.or.ke>
>  To: jwalu at yahoo.com
> Cc: Mose Karanja <mosekaranja at gmail.com>
>  Sent: Friday, December 4, 2015 4:13 PM
>  Subject: [kictanet] Net Neutrality Debate Observations
>
> The NetNeutralityDebate in KenyaI have been keenly following the debate on
> NetNeutralityglobally and especially the Kenyan one. The events of the last
> three weeks kicking off at the Internetgovernance Forum in Brazil and the
> KICTANet mailing list debate have been key and it is clear to me:
>    - There is a huge gulf between research numberspresented in defence or
> opposition towards Free Basics/Internet.org in thedeveloping world.
>    - There is a limiting simplistic targeting of Facebook as the force
> ofevil in this debate.
> Inthe period after the IGF, discussions in Kenya and publications have moved
> more towardsFacebook’s Free Basics; some objective and critical, some
> clearly as generalattacks on Facebook as a company and Free Basics as a
> product. It wasabsolutely great for Grace Githaiga to bring the Facebook
> Policy team in toensure official positions are clarified and the members’
> questions would beanswered.
>
>
> Myobservations
> 1.    The Net Neutrality debate we are having is quitelimited. The focus on
> Free Basics is very much in order and I hope this kind ofenergy can go to
> other contentious NN issues like protocol and peering discrimination (like
> when Zuku caps yourdownload speeds when you are downloading Game of Thrones
> from Pirate Sites orwhen streaming live matches) and IPdiscrimination (when
> coffee joints, universities or organizations blockspecific websites like
> YouTube, Facebook under the guise of productivity,obscenity or heavy-traffic
> balance). These are top-of the head examples. 2.    Our Kenyan primary
> research on this area is asham! I am saying this as a researcher myself at
> Strathmore Law School. That iswhy we cannot push back on the numbers and
> data presented to us.  Mozilla, Facebook, Stanford Uni all presentedsome
> data. We have some opinion polls here and there but no substantive workhas
> been done locally. I ask all of us to get our hands dirty and get the
> dataout from the users in our country so we can have a solid case in
> thesedebates.  We have a huge task ahead of usif we are to step into the
> global table of serious discussion. I cringed tohear an African participant
> at the IGF say that Africans should be included inthe table discussing NN
> and issues affecting Africa and Internet. This issomeone who had flown over
> 10,000 miles to Brazil yet claimed Africans (thegenerality) should be
> included in the discussion. I don’t think nobody everblocked someone off
> from participating in the pre-IGF events and surely,playing that
> racism/underdeveloped/Africa/Poverty card is so lame.  Unless we conduct our
> research, we willcontinue being consumers of knowledge, or whatever is
> presented as such. 3.    The organizations which deal directly withmasses of
> end user are critical in giving feedback to the listers: ElimuTv forexample
> is a good case. Most listers here are trapped in the
> {Nairobi-globalcapitals’ conferences} and would profit from first hand
> experiences from thecounties. 4.    In Reconcilingpolitical and economic
> goals in the net neutrality debate (PDF), the authors argue convincingly for
> combining instruments towards an openInternet that upholds Net Neutrailty.
> As it has always been clear, access tothe Internet is not a simple
> technological issue that can fixed just by addingmore tech to the problem.
> One more cable won’t solve the access problem. Definitelythe tech is core
> but freedom of speech, economic independence, language issuesand political
> participation at the local level matter as much.
> CIPIT (at Strathmore) looks forward to partnering with all those who
> areinterested in this topic in conducting primary research, forums and
> policy making.Blatant attack on Facebook or Google or Apple or whatever as a
> company is veryeasy. Anyone can do it. However, serious matters like this
> need our critical energiesto offer credible alternatives to connect our
> people to the Internet.
> TL: DR: No, just read :) ---Moses Karanja | @Mose_Karanja | PGP: 0x1529552F
>
>
>
>
> On Dec 4, 2015, at 3:37 PM, kictanet-request at lists.kictanet.or.ke wrote:
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> Today's Topics:
>
>   1. Re: Introducing Facebook Africa Public Policy Team to
>      KICTANet (waudo siganga)
>
> From: waudo siganga <emailsignet at mailcan.com>
> Subject: Re: [kictanet] Introducing Facebook Africa Public Policy Team to
> KICTANet
> Date: December 4, 2015 at 3:25:46 PM EAT
> To: KICTAnet ICT Policy Discussions <kictanet at lists.kictanet.or.ke>
>
>
> This looks useful. Kivuva/Hussein please comment. Looks like schools can be
> able to access useful content without what the Bamba people call
> "kunyanyaswa na kukatwakatwa kila mwezi" On Fri, Dec 4, 2015, at 02:46 PM,
> Ebele Okobi via kictanet wrote:
> That’s fantastic-education content is some of the most sought after for Free
> Basics.A couple of things-Can you please have your team take a look at
> Platform, and the technical specifications,
> here? https://developers.facebook.com/docs/internet-org/platform-technical-guidelinesThen
> they can submit, here: https://developers.facebook.com/docs/internet-org I
> will also connect you directly with our EMEA content lead!Thanks so much for
> writing, and for the work that you do.Best,
> Ebele <6F096681-9A34-452C-A5CD-1D0E4C64A463[1].png> Ebele Okobi | Head of
> Public Policy, Africam. +44 (0) 771 156 13152 Stephen St | London | W1T
> 1AN
> ebeleokobi at fb.com    From: Network of non- formal Educational institutions
> <nnfeischools at yahoo.com>
> Date: Friday, December 4, 2015 at 5:17 AM
> To: KICTAnet ICT Policy Discussions <kictanet at lists.kictanet.or.ke>
> Cc: Ebele Okobi <ebeleokobi at fb.com>
> Subject: Re: [kictanet] Introducing Facebook Africa Public Policy Team to
> KICTANet Good morning to all Facebook has made a  positive move towards
> helping the poor communitiesWe offer secondary education on TV and use
> Facebook to push some videos and interaction. However a good number of our
> student have said they are not on Facebook because they can  not afford
> internetWe  would wish to be included in the program. How do we go about
> it Jane MuthigaDirector Elimu TV07231444259Sent from Yahoo Mail on Android
> On Thu, Dec 3, 2015 at 4:31 PM, Ebele Okobi via
> kictanet<kictanet at lists.kictanet.or.ke> wrote:Thanks so much for these
> questions! Please see below, in
> line.<6F096681-9A34-452C-A5CD-1D0E4C64A463[2].png> Ebele Okobi | Head of
> Public Policy, Africam. +44 (0) 771 156 13152 Stephen St | London | W1T
> 1AN
> ebeleokobi at fb.com   From: kictanet <FastMail WARNING: URL text contains a
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> URL='javascript:return'. For more information on phishing click here.> on
> behalf of Sidney Ochieng via kictanet <FastMail WARNING: URL text contains a
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> Reply-To: KICTAnet ICT Policy Discussions <FastMail WARNING: URL text
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> Date: Thursday, December 3, 2015 at 1:05 PM
> To: Ebele Okobi <FastMail WARNING: URL text contains a possible JavaScript
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> Cc: Sidney Ochieng <FastMail WARNING: URL text contains a possible
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> Subject: Re: [kictanet] Introducing Facebook Africa Public Policy Team to
> KICTANet Ebele, I'm still taking time to go through everything is your
> rather exhaustive reply but I do have a couple of questions:
> >From your participation guidelines:
>    - In addition, secure content is not supported and may not load.
>
>    - Any data (e.g., proxy requests) or reporting we provide is deemed
> Facebook confidential information and cannot be used by you for any
> advertising purposes or shared with third parties.
>   Why isn't secure content explicitly supported?I am checking with our EMEA
> content partnerships team; will get back soonest.What is the rationale for
> the data and reporting condition?Per my exhaustive reply, ;-), we do not
> allow any advertising on Free Basics, and we do not allow developers to
> violate the privacy rights of users of Free Basics-see highlighted portion.
> We do not want developers creating sites that profit off of Free Basics
> users, or that use their data to advertise, or that share their data with
> third parties. Also while the while the FAQs on that page say different
> there's this condition: What do you mean when you say the FAQs on that
> page “say different”? Can you please specify what you mean when you say the
> FAQs “say different”? Thanks-once you do, will get back soonest.
> Developer participation on the Free Basics Platform, including the
> information submitted with your application, is otherwise governed by our
> standard legal terms. Collectively, our standard legal terms and these
> supplemental terms are the entire agreement between you and Facebook
> relating to Free Basics, and any terms of use for your service will not
> apply to Facebook.
>  Those legal terms contain this:
> For content that is covered by intellectual property rights, like photos and
> videos (IP content), you specifically give us the following permission,
> subject to your privacy andapplication settings: you grant us a
> non-exclusive, transferable, sub-licensable, royalty-free, worldwide license
> to use any IP content that you post on or in connection with Facebook (IP
> License). This IP License ends when you delete your IP content or your
> account unless your content has been shared with others, and they have not
> deleted it.
>  So what takes precedence, the FAQ or legal terms? What does this mean for
> content producers who make a living of that content if Facebook chooses to
> exercise this right?? Finally Nanjira makes an important point in her post
> here(FastMail WARNING: URL text and host don't match, possible phishing
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> URL='https://urldefense.proofpoint.com/v2/url?u=http-3A__nanjira.com_2015_11_taking-2Dfree-2Dbasics-2Din-2Dkenya-2Don-2Da-2Dspin_&d=CwMFaQ&c=5VD0RTtNlTh3ycd41b3MUw&r=ArvepG4_wcNu_X9xi3nb_Xa9WsGLVfmK6mwPdVONOTE&m=Cp8Zhr_tnbaqOM4LZRPNAn7V_mxOKDAh96-gN1NaFa4&s=tamyx3t5M9AFkipSkz16d77shVWhSd5eWqL4cGdnWkc&e='.
> Original
> text='http://nanjira.com/2015/11/taking-free-basics-in-kenya-on-a-spin/'.
> For more information on phishing click here.) about how the platform, in
> Kenya at least, seems set up for consumption. Why is this? Was this an
> explicit decision or a side-effect of the chosen platforms? What is Facebook
> doing to encourage people to provide content to these sites?Platform is
> actually set up for people to create, but Free Basics is meant to be a
> light-weight product that operators are willing to provide for free, for
> people new to the Internet. Per previously—Free Basics is meant to be an
> on-ramp to the Internet. It’s not meant to be a place where people stay. The
> kind of Internet access that supports content creation requires all kinds of
> inputs (electricity, broadband, infrastructure) that Facebook alone is not
> solely equipped to provide in 192 countries around the world. It’s no
> coincidence that the countries with the most creators are countries with a)
> the most resources and b) the biggest government investment in
> infrastructure. As you know, it’s not Facebook that charges for Internet
> access in developing countries-it’s operators. Are operators willing to
> provide unlimited access, for free, to people? Should they? I think the
> primary thing to remember, per my email is that Free Basics is not, at all,
> meant to be a holistic answer to a complex issue. It is only meant to be a
> short/medium-term way of addressing two very specific linked barriers to
> access-awareness and cost. Looking forward to hearing your responses and I
> will be adding other questions as I go through your response(s). On 3
> December 2015 at 13:00, Barrack Otieno via kictanet <FastMail WARNING: URL
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> click here.> wrote:
> Hi Ebele,Many thanks for your responses. I have a somewhat dumb question,
> some might have been partly addressed.1. What role does the facebook public
> policy team play in Africa?2. What led to the creation of the team?3. What
> are facebooks plans regarding promotion of  local content and extending
> connectivity to marginalized areas?4. What is Facebooks defination of Net
> Neutrality and what is its position on the same?Please educate meThanksOn
> Dec 3, 2015 9:56 AM, "Ebele Okobi via kictanet" <FastMail WARNING: URL text
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> click here.> wrote:
> Zero-rating plans  are indeed fully compatible and offered along with paid
> plans-they are just one of many options, and per my response below,
> zero-rating that is paid for by operator must exist together with paid plans
> because if not, the operator can't survive.
>
> Ebele Okobi | Head of Public Policy, Africam. +44 (0) 771 156 1315 10 Brock
> Street | London | NW1 3FGFastMail WARNING: URL text contains a possible
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> On Dec 3, 2015, at 5:57 AM, waudo siganga via kictanet <FastMail WARNING:
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> click here.> wrote:
>
> A quick one for Kivuva, Hussein, Ebele - Please clarify is this Zero-rating
> incompatible with, i.e. mutually exclusive to paid services? Why cant they
> operate TOGETHER. Waudo  On Thu, Dec 3, 2015, at 01:52 AM, Mwendwa Kivuva
> wrote:
> There is a good satirical letter from Max, Zuckerberg's daughter on giving
> people free access to Facebook as if it was water or electricity: FastMail
> WARNING: URL text and host don't match, possible phishing attempt. URL
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> Original
> text='http://www.theregister.co.uk/2015/12/02/max_zuckerberg_reply_letter/'.
> For more information on phishing click here.,On Dec 3, 2015 1:05
> AM, FastMail WARNING: URL text contains a possible JavaScript attack on your
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> information on phishing click here.wrote:
> Dr. Waudo, your questions are valid, and very well structured. This is what
> has been asked for some years now. And the idea of asking Facebook to come
> over is for them to school us too on their view of net neutrality.But find
> my attempt inline:On Dec 2, 2015 6:48 PM, "waudo siganga" <FastMail WARNING:
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>>
>> Hi Kivuva/Hussein. I need a little more enlightenment:
>>
>> 1. Is the "Zero-Rating" issue a debate or has it already been concluded
>> that it is a bad thing? There is a hint that supporting it may leave one
>> in not very good standing..This has not been agreed upon. We would
>> probably not get an answer to whether it is good or bad. But some
>> countries have determined and outlawed zero rating,  some analyze zero
>> rating requests on case by case basis, and other have approved zero
>> rating.> 2. According to Kivuva's well-written article "Zero rating
>> infringes on fundamental human rights by denying users access to the
>> Internet". Are other service providers, including those offering "full"
>> Internet Access at a fee, stopped or hindered from offering their services
>> when some companies offer the zero-rating? Can both forms operate at the
>> same time?This is a great question. And it is probably the main selling
>> point for zero rating. To answer the question, if you have a data package,
>> you can access the Internet outside the zero rated area. I probably like
>> the idea. But what are the root cause for using zero rating? Can we make
>> the Internet affordable?> 3. In Q2 above I have "full" in quotes because
>> in my use of Internet I am yet to come across a truly "neutral Internet"
>> i.e. sometimes I try to access certain websites or services and you are
>> unable as you get a message that you cannot access that site/service from
>> your country, meaning many services providers already practise packet
>> filtering.True. There are many ways in which net neutrality is infringed,
>> and there are different legislation from country to country on those
>> aspects. The one that has affected us more is bandwidth trotting,
>> especially of bit torrent traffic. An ISP advertises unlimited Internet
>> access at $$$, then when you start using more resources than they had
>> anticipated, they tighten your pipe. Bandwidth trotting and protocol
>> blocking was banned by EU in 2014. Mobile carriers used to block access to
>> Skype because it hurts voice, calling, and text-messaging revenue.So part
>> of why we have been calling for a Net Neutrality law in Kenya is to
>> protect the consumer, and also have a stand. Currently, the ISP can do
>> whatever they want. The model to adopt is upto the community.> 4. Hussein
>> gives certain characteristics of a "market" but probably leaves out a very
>> critical one: Choice. The best market is the one where ALL service
>> providers are given the opportunity to offer their services and consumers
>> are left to choose. At the end of the day it is the consumers that decide
>> which companies and services survive and which wilt along the way. Why
>> choose for the consumer beforehand by barring certain services or business
>> models?Be careful before you imprison yourself with your own words :). In
>> the same breath of choice, who decided which websites a consumer should
>> have access to? Why choose for the consumer beforehand? :) Why limit
>> consumer choice?At another level, consumers are not usually very
>> knowledgeable in what they want, or even what is good for a country. I'm
>> ready to bet that if one country allows zero rating, and another country
>> provides reliable affordable broadband, then the one with affordable
>> broadband will experience faster economic growth. This is just an
>> hypothesis.> 5. A couple of years ago the cost and affordability of
>> Internet access was a key ICT public policy issue. We said it was a major
>> impediment to the spread of Internet use. How do we reconcile that with
>> opposition to free (ok "free" as Hussein corrected me) services even if
>> they are only offering a slice of what an open Internet offers.Cost and
>> access are still very relevant especially in our region of the world. That
>> was why the IGF theme was "connecting the next billion." And there are
>> very great suggestions thrown around on how to reduce the cost. Licensing,
>> competition, usf, infrastructure sharing, taxes,...... We are really
>> disadvantaged when it comes to utilising the great benefits of the
>> Internet. Now what happens when we shrink that space more?>
>> On a lighter note these days I am very happy with Facebook especially the
>> Groups, as I get to know what is going on in the village. But I have been
>> accessing them using a paid service perhaps I can save a few shillings if
>> I got to know how to connect for free.And Facebook likes these case
>> studies. I heard them happily say how they are helping women chamas
>> organise themselves, and also organise civil activism to foster democracy
>> in places like Myanmar. Well, I want that too :-)>
>> I know Kivuva and Hussein have had extensive opportunity to study this
>> area of Zero-Rating and also to listen o experts so I apologize in advance
>> if my questions do not sound sophisticated.
>>
>> Kind Regards,
>> Waudo
>>
>> On Wed, Dec 2, 2015, at 05:07 PM, Mwendwa Kivuva wrote:
>>>
>>> We are having the most vibrant debate on Net Neutrality on the list in a
>>> long while. Thanks for all contributors, and GG for initiating this
>>> timely discussion. It's exciting to see many people interested with the
>>> zero rating debate. I'm sure Ebele and Akua from Facebook are fascinated
>>> by the dynamism of this group. Thank you Ebele and Akua for graciously
>>> joining this debate.
>>>
>>> I'll keep my opinions to myself and only ask questions.
>>>
>>>
>>>
>>> 1. Does Facebook support Net Neutrality?
>>>
>>> 2. Does Facebook's zero rating contravene net neutrality principle?
>>>
>>> 3. Will Facebook take "zero rated services" to areas without any
>>> connectivity infrastructure?
>>>
>>> 4. Will Facebook zero rated services reach all the people, even those
>>> with feature phones? Does fb have non app based Free basics?. What
>>> percentage of your target market has access to smart phones?
>>>
>>> 5. Which network operators does Facebook work with? Are all ISPs welcomed
>>> to the party?
>>>
>>> 6. Will free basics help reduce the cost of internet access?
>>>
>>> 7. Does Facebook pay ISPs to offer the "walled garden" to end users?
>>>
>>> 8. Why is Facebook running campaigns for "free basics" in a way to
>>> suggest that it is  giving free access to the internet? Is FB and a few
>>> vanilla websites the Internet?
>>>
>>> 9. Facebook is considered affluent. Would it consider providing free
>>> internet to everyone?
>>>
>>> 10. Is free basics bridging the digital divide or creating confusion of
>>> those who cannot differentiate between Facebook and the Internet? Is
>>> Facebook keen that users from the developing world have access to the
>>> whole wealth of knowledge and information that the Internet provides?
>>>
>>>
>>>
>>> Sincerely,
>>>
>>> Mwendwa Kivuva
>
>
>
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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
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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.
>   -- Regards,
>
> | Sidney Ochieng |
> |   |
> |   |
> |   |
> | Skype: sidney.ochieng | Twitter: @princelySid | Website: FastMail WARNING:
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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.
> _______________________________________________kictanet mailing
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> 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.Email had 2
> attachments:
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>   7k (image/png)
>    - 6F096681-9A34-452C-A5CD-1D0E4C64A463[2].png
>   7k (image/png)
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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.
>
>


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




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