[kictanet] 21 WhatsApp groups spreading hate identified - Daily Nation

Tue Jul 18 18:30:10 EAT 2017

Hi Grace,
I see no conflicting statements, shutting down a couple of sites - even if
they were Facebook, Twitter and Whatsapp API end points- is not shutting
down the Internet.

At this point I'm preparing for exactly that.

Sent on the move, kindly excuse any typos.

Sidney

On 18 Jul 2017 5:03 p.m., "Grace Mutung'u via kictanet" <
kictanet at lists.kictanet.or.ke> wrote:

Indeed Ali,
There is a problem in defining Internet governance and the roles of
different actors. Look for instance at this article where two state
agencies give conflicting statements on the issue of Internet shutdowns:

“Last week, you guys asked me, are you contemplating shutting down some of
these social media, my answer was and continues to be if it is necessary,
they will be shut out if it is necessary. So that is my stand and I believe
that is what ought to be,” Kaparo told a forum on election preparedness,
bringing together police chefs, judiciary officials, the NCIC and the
Communication Authority.”

then

Communications Authority of Kenya Director General Francis Wangusi has
however, assured that the internet will not be closed, but urged users to
be responsible at all times.

Full article here:

http://www.capitalfm.co.ke/news/2017/07/kenya-may-shut-
off-social-media-august-elections/

2017-07-18 16:34 GMT+03:00 florence mwangangi via kictanet <
kictanet at lists.kictanet.or.ke>:

> @ Ali, thanks for the link on Internet governace on the liability of
> internet intermediaries. The questions arising in 2014 are weighty today,
> indeed more weighty in view of technological advancements in information
> and communications since 2014, not to mention the individual's
> constitutional guarantees on rights and freedoms related to information,
> communication and assembling/associating with others.
> It would be interesting to read a charge sheet on Internet intermediary
> liability.
>
> On 18 Jul 2017 10:15, "Ali Hussein" <ali at hussein.me.ke> wrote:
>
>> Florence
>>
>> Indeed. This also sort of starts me thinking of Intermediary Liability.
>> In the absence of clear Policy Guidelines and Regulatory Framework
>> regarding Internet Governance we are left to flounder and make 'Roadside
>> Proclamations' like the one being reported here.
>>
>> See this write up on a workshop on Intermediary Liability
>> <https://cis-india.org/internet-governance/blog/igf-workshop-an-evidence-based-intermediary-liability-policy-framework> that
>> can start informing some of these conversations. It is important as a
>> country that we define what Internet Governance is. We are into the 20+
>> year of the Internet in this country and we are yet to define what Internet
>> Governance looks like for our country. You can now see the folly of that
>> negligence.
>>
>> Regards
>>
>> *Ali Hussein*
>>
>> *Principal*
>>
>> *Hussein & Associates*
>>
>>
>>
>> Tel: +254 713 601113
>>
>> Twitter: @AliHKassim
>>
>> Skype: abu-jomo
>>
>> LinkedIn: http://ke.linkedin.com/in/alihkassim
>> <http://ke.linkedin.com/in/alihkassim>
>>
>>
>> 13th Floor , Delta Towers, Oracle Wing,
>>
>> Chiromo Road, Westlands,
>>
>> Nairobi, Kenya.
>>
>> 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.
>>
>> On Tue, Jul 18, 2017 at 9:29 AM, florence mwangangi <
>> fmwangangi1 at gmail.com> wrote:
>>
>>> Criminal liability is personal. If an administrator is not the author of
>>> the offending post, he/she cannot be criminally liable in law. Shall we
>>> also  jail the admins of Facebook, Twitter et al on similar lines??
>>>
>>> On 18 Jul 2017 07:35, "Ali Hussein via kictanet" <
>>> kictanet at lists.kictanet.or.ke> wrote:
>>>
>>>> Listers
>>>>
>>>> This conversation goes on.
>>>>
>>>> Can these groups and the content they are spreading be named so that
>>>> Kenyans can know what this is all about?
>>>>
>>>> As I said yesterday, let's also ensure that the obvious perpetrators
>>>> are brought to book. It shouldn't be hard to discern the truth and
>>>> prosecute those who are found guilty of spreading hatred.
>>>>
>>>> And as the authorities do this they must exercise utmost transparency
>>>> and caution lest Kenyans start questioning the real motives behind this
>>>> concerted effort to curb Kenyans right to expression. As I have said before
>>>> as Kenyans we need to know one thing:-
>>>>
>>>> What is wrong offline is also wrong online. I'm not sure why we are
>>>> making a distinction on this issue. Last time I checked the Penal Code
>>>> hasn't changed.
>>>>
>>>> http://www.nation.co.ke/news/21-WhatsApp-groups-spreading-ha
>>>> te-identified/1056-4018322-ix7vff/index.html
>>>>
>>>>
>>>> *Ali Hussein*
>>>> *Principal*
>>>> *Hussein & Associates*
>>>> +254 0713 601113
>>>>
>>>> Twitter: @AliHKassim
>>>>
>>>> Skype: abu-jomo
>>>>
>>>> LinkedIn: http://ke.linkedin.com/in/alihkassim
>>>>
>>>> "We are what we repeatedly do. Excellence, therefore, is not an act but
>>>> a habit."  ~ Aristotle
>>>>
>>>>
>>>> Sent from my iPad
>>>>
>>>> _______________________________________________
>>>> kictanet mailing list
>>>> kictanet at lists.kictanet.or.ke
>>>> https://lists.kictanet.or.ke/mailman/listinfo/kictanet
>>>> Twitter: http://twitter.com/kictanet
>>>> Facebook: https://www.facebook.com/KICTANet/
>>>>
>>>> Unsubscribe or change your options at https://lists.kictanet.or.ke/m
>>>> ailman/options/kictanet/fmwangangi1%40gmail.com
>>>>
>>>> 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 list
> kictanet at lists.kictanet.or.ke
> https://lists.kictanet.or.ke/mailman/listinfo/kictanet
> Twitter: http://twitter.com/kictanet
> Facebook: https://www.facebook.com/KICTANet/
>
> Unsubscribe or change your options at https://lists.kictanet.or.ke/m
> ailman/options/kictanet/nmutungu%40gmail.com
>
>
> 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.
>

-- 
Grace Mutung'u
Skype: gracebomu
@Bomu
PGP ID : 0x33A3450F

_______________________________________________
kictanet mailing list
kictanet at lists.kictanet.or.ke
https://lists.kictanet.or.ke/mailman/listinfo/kictanet
Twitter: http://twitter.com/kictanet
Facebook: https://www.facebook.com/KICTANet/

Unsubscribe or change your options at https://lists.kictanet.or.ke/
mailman/options/kictanet/sidney.ochieng%40gmail.com

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.

On 18 Jul 2017 5:03 p.m., "Grace Mutung'u via kictanet" <
kictanet at lists.kictanet.or.ke> wrote:

Indeed Ali,
There is a problem in defining Internet governance and the roles of
different actors. Look for instance at this article where two state
agencies give conflicting statements on the issue of Internet shutdowns:

“Last week, you guys asked me, are you contemplating shutting down some of
these social media, my answer was and continues to be if it is necessary,
they will be shut out if it is necessary. So that is my stand and I believe
that is what ought to be,” Kaparo told a forum on election preparedness,
bringing together police chefs, judiciary officials, the NCIC and the
Communication Authority.”

then

Communications Authority of Kenya Director General Francis Wangusi has
however, assured that the internet will not be closed, but urged users to
be responsible at all times.

Full article here:

http://www.capitalfm.co.ke/news/2017/07/kenya-may-shut-
off-social-media-august-elections/

2017-07-18 16:34 GMT+03:00 florence mwangangi via kictanet <
kictanet at lists.kictanet.or.ke>:

> @ Ali, thanks for the link on Internet governace on the liability of
> internet intermediaries. The questions arising in 2014 are weighty today,
> indeed more weighty in view of technological advancements in information
> and communications since 2014, not to mention the individual's
> constitutional guarantees on rights and freedoms related to information,
> communication and assembling/associating with others.
> It would be interesting to read a charge sheet on Internet intermediary
> liability.
>
> On 18 Jul 2017 10:15, "Ali Hussein" <ali at hussein.me.ke> wrote:
>
>> Florence
>>
>> Indeed. This also sort of starts me thinking of Intermediary Liability.
>> In the absence of clear Policy Guidelines and Regulatory Framework
>> regarding Internet Governance we are left to flounder and make 'Roadside
>> Proclamations' like the one being reported here.
>>
>> See this write up on a workshop on Intermediary Liability
>> <https://cis-india.org/internet-governance/blog/igf-workshop-an-evidence-based-intermediary-liability-policy-framework> that
>> can start informing some of these conversations. It is important as a
>> country that we define what Internet Governance is. We are into the 20+
>> year of the Internet in this country and we are yet to define what Internet
>> Governance looks like for our country. You can now see the folly of that
>> negligence.
>>
>> Regards
>>
>> *Ali Hussein*
>>
>> *Principal*
>>
>> *Hussein & Associates*
>>
>>
>>
>> Tel: +254 713 601113
>>
>> Twitter: @AliHKassim
>>
>> Skype: abu-jomo
>>
>> LinkedIn: http://ke.linkedin.com/in/alihkassim
>> <http://ke.linkedin.com/in/alihkassim>
>>
>>
>> 13th Floor , Delta Towers, Oracle Wing,
>>
>> Chiromo Road, Westlands,
>>
>> Nairobi, Kenya.
>>
>> 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.
>>
>> On Tue, Jul 18, 2017 at 9:29 AM, florence mwangangi <
>> fmwangangi1 at gmail.com> wrote:
>>
>>> Criminal liability is personal. If an administrator is not the author of
>>> the offending post, he/she cannot be criminally liable in law. Shall we
>>> also  jail the admins of Facebook, Twitter et al on similar lines??
>>>
>>> On 18 Jul 2017 07:35, "Ali Hussein via kictanet" <
>>> kictanet at lists.kictanet.or.ke> wrote:
>>>
>>>> Listers
>>>>
>>>> This conversation goes on.
>>>>
>>>> Can these groups and the content they are spreading be named so that
>>>> Kenyans can know what this is all about?
>>>>
>>>> As I said yesterday, let's also ensure that the obvious perpetrators
>>>> are brought to book. It shouldn't be hard to discern the truth and
>>>> prosecute those who are found guilty of spreading hatred.
>>>>
>>>> And as the authorities do this they must exercise utmost transparency
>>>> and caution lest Kenyans start questioning the real motives behind this
>>>> concerted effort to curb Kenyans right to expression. As I have said before
>>>> as Kenyans we need to know one thing:-
>>>>
>>>> What is wrong offline is also wrong online. I'm not sure why we are
>>>> making a distinction on this issue. Last time I checked the Penal Code
>>>> hasn't changed.
>>>>
>>>> http://www.nation.co.ke/news/21-WhatsApp-groups-spreading-ha
>>>> te-identified/1056-4018322-ix7vff/index.html
>>>>
>>>>
>>>> *Ali Hussein*
>>>> *Principal*
>>>> *Hussein & Associates*
>>>> +254 0713 601113
>>>>
>>>> Twitter: @AliHKassim
>>>>
>>>> Skype: abu-jomo
>>>>
>>>> LinkedIn: http://ke.linkedin.com/in/alihkassim
>>>>
>>>> "We are what we repeatedly do. Excellence, therefore, is not an act but
>>>> a habit."  ~ Aristotle
>>>>
>>>>
>>>> Sent from my iPad
>>>>
>>>> _______________________________________________
>>>> kictanet mailing list
>>>> kictanet at lists.kictanet.or.ke
>>>> https://lists.kictanet.or.ke/mailman/listinfo/kictanet
>>>> Twitter: http://twitter.com/kictanet
>>>> Facebook: https://www.facebook.com/KICTANet/
>>>>
>>>> Unsubscribe or change your options at https://lists.kictanet.or.ke/m
>>>> ailman/options/kictanet/fmwangangi1%40gmail.com
>>>>
>>>> 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 list
> kictanet at lists.kictanet.or.ke
> https://lists.kictanet.or.ke/mailman/listinfo/kictanet
> Twitter: http://twitter.com/kictanet
> Facebook: https://www.facebook.com/KICTANet/
>
> Unsubscribe or change your options at https://lists.kictanet.or.ke/m
> ailman/options/kictanet/nmutungu%40gmail.com
>
>
> 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.
>

-- 
Grace Mutung'u
Skype: gracebomu
@Bomu
PGP ID : 0x33A3450F

_______________________________________________
kictanet mailing list
kictanet at lists.kictanet.or.ke
https://lists.kictanet.or.ke/mailman/listinfo/kictanet
Twitter: http://twitter.com/kictanet
Facebook: https://www.facebook.com/KICTANet/

Unsubscribe or change your options at https://lists.kictanet.or.ke/
mailman/options/kictanet/sidney.ochieng%40gmail.com

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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