[kictanet] Netflix KICTAnet ICT Policy Discussions

Wed Jan 13 17:43:26 EAT 2016

I think the issue of engagement with key relevant stakeholders in the tech
sector is something that is very commonly mentioned in this discussion
group. Or am I seeing this myself?

On Wed, Jan 13, 2016 at 5:32 PM, Rosemary Koech-Kimwatu via kictanet <
kictanet at lists.kictanet.or.ke> wrote:

> Hi,
> As a new member to the list has been amazing to read the various points of
> view on this matter.
>
> My take is that i feel that regulators are losing touch with reality by
> failing to engage relevant stakeholders before decisions are made. My first
> concern is do we have research teams in our regulatory bodies who actually
> sit and advice on modern trends before they come up with opinions which
> lead to regulations? If so do they have the right people assisting them to
> get the correct and relevant information? Do they engage in research to see
> how other jurisdictions have handled the issues and maybe question if they
> can make improvements or at least make informed decisions?
>
> As a lawyer there is an intrinsic understanding of the fact that
> regulations must be responsive to the trends of the day otherwise the law
> becomes an ass(the donkey's relative).
>
> There must be a push to ensure that there is a reasonable approach to all
> issues and in my opinion the communication authority is acting like a voice
> of reason. To show the levels of disconnect by the KFCB they even used an
> analogy of radicalization to justify the regulation of Netflix. Someone
> somewhere is clearly not doing their homework.
>
> Yes there is a need to ensure morality but I doubt reacting like a high
> handed pariah state will help. If Netflix begins to partner with local
> providers then regulation will be justified however if they continue as an
> over the top (OTT) service then the regulators have no jurisdiction.
>
> Roemary Koech-Kimwatu
> +254718181644/771632344
> Linkein:Rosemary Koech-Kimwatu
>
>
>
>
> On Wed, Jan 13, 2016 at 3:03 PM, Ali Hussein via kictanet <
> kictanet at lists.kictanet.or.ke> wrote:
>
>> Brian
>>
>> Umesema kama watu kumi. (Spoken like 10 wise men)
>>
>> *Ali Hussein*
>> *Principal*
>> *Hussein & Associates*
>> +254 0713 601113 / 0770906375
>>
>> Twitter: @AliHKassim
>>
>> Skype: abu-jomo
>>
>> LinkedIn: http://ke.linkedin.com/in/alihkassim
>> <http://ke.linkedin.com/in/alihkassim>
>>
>> Blog: www.alyhussein.com
>>
>> "Discovery consists in seeing what everyone else has seen and thinking
>> what no one else has thought".  ~ Albert Szent-Györgyi
>>
>> Sent from my iPad
>>
>> On 13 Jan 2016, at 1:06 PM, Brian Munyao Longwe <blongwe at gmail.com>
>> wrote:
>>
>> Hi all,
>>
>> I think that one fundamental (and very important) point that most of the
>> people demanding regulation for Netflix overlook is that Netflix has not
>> "come to Kenya". They are not present in the country in any form or shape.
>> They have simply "allowed" Kenyans access to their content - which is
>> hosted outside of Kenya - in response to many years of demand. There is
>> therefore no basis (legal or otherwise) for us to try impose any conditions
>> on them regarding their services.
>>
>> Please, let us be clear what we are talking about.
>>
>> Best regards,
>>
>> Brian
>>
>>
>> On Wed, Jan 13, 2016 at 11:18 AM, Ali Hussein via kictanet <
>> kictanet at lists.kictanet.or.ke> wrote:
>>
>>> Linda
>>>
>>> Please see my responses against your comments
>>>
>>> *Ali Hussein*
>>> *Principal*
>>> *Hussein & Associates*
>>> +254 0713 601113 / 0770906375
>>>
>>> Twitter: @AliHKassim
>>>
>>> Skype: abu-jomo
>>>
>>> LinkedIn: http://ke.linkedin.com/in/alihkassim
>>> <http://ke.linkedin.com/in/alihkassim>
>>>
>>> Blog: www.alyhussein.com
>>>
>>> "Discovery consists in seeing what everyone else has seen and thinking
>>> what no one else has thought".  ~ Albert Szent-Györgyi
>>>
>>> Sent from my iPad
>>>
>>> On 13 Jan 2016, at 8:10 AM, Linda Ochieng <lindaochieng at yahoo.com>
>>> wrote:
>>>
>>> I have been following your discussions here and my  thoughts
>>> specifically  on Netflix  and online streaming are as follows:
>>>
>>> One, as a distributor of audio visual content, Netflix must adhere to
>>> the regulations governing distribution of such content in line with all the
>>> laws of the Republic of Kenya, irrespective of the type of medium they are
>>> using to make that content available to their target consumers. That is the
>>> only way the firm’s operations in the country can be legal. As you know,
>>>  the law applies across the board and does not exempt foreign firms, or
>>> users of online platforms.
>>>
>>>
>>> Ali - Internet Governance issues are in play here and it's not cut and
>>> dried as you put. That's why you are seeing two regulators disagreeing. Why
>>> don't we then go ahead and also regulate all the other OTT (Over the Top)
>>> services like YouTube, Facebook video etc?
>>>
>>>
>>> Two, it is in interest of the country to protect our cyberspace against
>>> infiltration with content that is overly violent and damaging to our
>>> national values and morals and security. I a reliably informed  that most
>>> of the movies distributed via some of these streaming services are rated as
>>> suitable for children, yet they have scenes that should not be shown to
>>> children. That is rather unfortunate, given that most of our children have
>>> access to the Internet. Whose interest are we protecting then when we
>>> support such content?
>>>
>>>
>>> Ali - There is no 'our cyberspace'. That's why it's called the World
>>> Wide Web. This suggestion to Balkanise the Internet is to the detriment of
>>> us all. We should fight it with all we have.
>>>
>>>
>>> Three and of  even greater concern is the fact that British media
>>> reports have in fact indicated that some of the content circulating on
>>> these platforms requires secret codes to access, raising considerable
>>> suspicion as to what kind of information that is to be distributed in such
>>> an overt manner. What is the motive of making the information secret,
>>> beyond the subscription restrictions, we should ask?
>>>
>>>
>>> Ali - As Uhuru said - Policing should start with us. This business of us
>>> asking the government to decide for us everything even what we watch in our
>>> sitting rooms is a recipe for disaster. We don't want a Morality Police in
>>> our country. It starts with you and I. Let's desist from this mentality of
>>> 'Serikali saidia'!
>>>
>>>
>>> Four, there is   concern over  growing levels of pornographic material
>>> available in the country mainly originating from other countries. The
>>> source is online platforms.  This  should worry every good citizen.
>>> Radicalization is also one other major concern in online channels of
>>> content distribution. This is the reason why KFCB and CA should be given
>>> all the support they require by all stakeholders to ensure this kind of
>>> content is classified and regulated appropriately. In any case, who is not
>>> affected by these challenges?
>>>
>>> Ali - True. It starts with us. Regulators are not supposed to enter our
>>> homes and police us. It's instructive that KFCB and CA are reading from the
>>> same script.
>>>
>>> As I have said, everyone is bound by the law. As it is now, all content
>>> coming into the country is subject to the laws of Kenya. Without exception. Clearly
>>> then, if Netflix fails to submit their content for classification as
>>> expected by the law, their operations in Kenya will be illegal and must in
>>> that event face the full force of the laws of Kenya.  Let us not be
>>> against regulation without considering its benefits to our country.
>>>
>>>
>>> Again true. However, regulators need to also understand that the script
>>> has changed. There is a new dispensation afoot. And they need to get on
>>> with the program. The days of the telegram are gone. The ITU as we know it
>>> also needs to reinvent itself. The CA fortunately is showing us positives
>>> (I'm willing to give them the benefit of doubt when it comes to some of the
>>> decisions and draft laws they come up. After all we are not perfect!) and
>>> they really need to continue in the same vein.
>>>
>>>
>>> Regards
>>>
>>> Linda
>>> *Amazon Tech Heights. Org*
>>>
>>>
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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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>
> 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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