[kictanet] Telcos regulator seeks to monitor WhatsApp + Plenipot Issues (Kenya's Position)

Wed Nov 7 15:32:28 EAT 2018

Rachel

Thanks. And once again kudos to you and the CA for continuous engagement
with the community. We deeply appreciate it even when we disagree in
principle on some of the things you guys get us into... :-) Indeed it is in
the spirit of ensuring diverse voices are heard. Something your home
ministry should learn or are learning. We have noted with deep satisfaction
that the Mother Ministry is now starting to engage. It can only mean well
for the country.

On the issue of  WCIT 12 I'm glad you raised it because we would like that
conversation included in the forum you intend to call to discuss the Common
Positions. Whilst I understand the nature of GeoPolitics and why the
government decided to finally sign the treaty I for one continue to be
opposed to it. My reasons may fill a whole book so I'll hold my peace for
now. History will not treat us well if we blindly follow like sheep to the
slaughter house. Someone must keep us honest.

Regards

*Ali Hussein*

*Principal*

*AHK & 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 Wed, Nov 7, 2018 at 11:01 AM Alwala, Rachel <Alwala at ca.go.ke> wrote:

> Hi Ali,
>
> I am glad you understand the process.  Indeed CA and the MOICT works in
> the interest of the country and we shall continue to do so with vigour.
> Given that these positions have been discussed over two years, I may not do
> justice by trying to summarize over 200 proposed resolutions of the PP on
> an email .  We will commit to convene a forum to share the outcomes. On a
> separate note, You may want to know that we are developing a stakeholder
> engagement strategy as CA so in future, we shall have more inclusive
> engagements on many fronts.
>
> In the meantime, I would like remind you that the decision by Kenya at the
> WCIT was reversed by Government given the negative impact.  Kenya signed
> the ITRs in 2014  and reverted to support the African positions.  Moving as
> a bloc is important as we engage in issues that have such high stakes.
>
> We appreciate the continuous engagement with KICTANET.
>
> Regards,
>
> Rachel
>
> From: Ali Hussein <ali at hussein.me.ke>
> Date: Wednesday, November 7, 2018 at 6:21 AM
> To: Rachel <alwala at ca.go.ke>
> Cc: KICTAnet Discussions <kictanet at lists.kictanet.or.ke>
> Subject: Re: [kictanet] Telcos regulator seeks to monitor WhatsApp +
> Plenipot Issues (Kenya's Position)
>
> Rachel
>
> I know how the process works. I was involved in the WCIT Conference in
> Dubai, 2012, when the ITRs (International Telecommunications Regulations)
> were being review. This was where the then PS for ICT, Dr. Bitange Ndemo
> went against the Common Positions articulated by ITU and the AU for obvious
> reasons which I don't really want to go into. Suffice it to say that when
> the CA and ICT Ministry holds brief for all Kenyans in such meetings it
> behoves you to break it down for us.
>
> What are we signing on? What are the implications for Kenyans and the
> Ecosystem? And how has the process arrived at the Common Position been? Did
> we push back? Or did we fall victim to herd mentality?  Simply put, we want
> to be involved as it is our right and responsibility as per our new
> constitution.
>
> Having said that, I'm hoping that you guys will now break it down for us?
>
> *Ali Hussein*
>
> *Principal*
>
> *AHK & 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, Nov 6, 2018 at 10:58 PM Alwala, Rachel <Alwala at ca.go.ke> wrote:
>
>> Hi Ali,
>>
>> There is nothing so strange with this.  Multilateral processes these days
>> call for consolidation of positions at regional level to enable the
>> meetings to arrive at decisions quicker and to also have larger impact.
>> ITU is no exception.  All the regions of the ITU, i.e. Africa, Asia
>> Pacific, Arab region, Americas, CIS and Europe, all bring their positions
>> to such a meeting, as blocs ( for the most part).  Africa’s positions are
>> what we refer to as African Common Proposals.  Individual countries may
>> bring their positions too, but in many cases , garnering the necessary
>> support of the conference becomes harder.
>>
>> Hope this provides a glimpse.
>>
>> The ITU PP-18 is a meeting held every four years to provide general
>> policy direction for its 193 member states , elect officials and also
>> approve the strategic and financial plans.  The proposals to the conference
>> have to do with any issue that the plenipotentiary handles.  Just take a
>> little time and read, that will give you insights into the issues under
>> discussion.  In any case these are proposals and will still undergo
>> discussions until the conference arrives at a consensus on final texts
>> which are thereafter confirmed as the decisions of the conference.  Having
>> attended the WCIT in 2012, I am sure you can resonate with this process.
>>
>> Regards,
>>
>>
>> Rachel
>>
>> From: kictanet <kictanet-bounces+alwala=ca.go.ke at lists.kictanet.or.ke>
>> on behalf of KICTAnet Discussions <kictanet at lists.kictanet.or.ke>
>> Reply-To: KICTAnet Discussions <kictanet at lists.kictanet.or.ke>
>> Date: Tuesday, November 6, 2018 at 2:50 PM
>> To: Rachel <alwala at ca.go.ke>
>> Cc: Ali Hussein <ali at hussein.me.ke>
>> Subject: Re: [kictanet] Telcos regulator seeks to monitor WhatsApp +
>> Plenipot Issues (Kenya's Position)
>>
>> Chief
>>
>> CA should synthesize that for us bana... :-) Not sure where to start
>> boss..
>>
>> Regards
>>
>> *Ali Hussein*
>>
>> *Principal*
>>
>> *AHK & 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, Nov 6, 2018 at 2:38 PM Wainaina Mungai via kictanet <
>> kictanet at lists.kictanet.or.ke> wrote:
>>
>>> See African Common Proposals at
>>> https://www.itu.int/md/T13-WTSA.16-C-0042/en
>>>
>>>
>>>
>>> On Tuesday, November 6, 2018, Ali Hussein via kictanet <
>>> kictanet at lists.kictanet.or.ke> wrote:
>>>
>>>> Rachel
>>>>
>>>> How about you start by telling us what the African Common Proposals
>>>> are?
>>>>
>>>> Regards
>>>>
>>>> *Ali Hussein*
>>>>
>>>> *Principal*
>>>>
>>>> *AHK & 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, Nov 6, 2018 at 2:20 PM Rachel Alwaa via kictanet <
>>>> kictanet at lists.kictanet.or.ke> wrote:
>>>>
>>>>> Hi Barrack,
>>>>>
>>>>> Indeed Kenya is aligned to the African Common proposals but I am not
>>>>> aware of any resolution that focuses on the regulation of the internet.
>>>>> Could you share the specific resolution that proposes to do what you are
>>>>> alleging, then we can respond appropriately?
>>>>>
>>>>> Regards, Rachel
>>>>>
>>>>> > On Nov 5, 2018, at 20:58, Barrack Otieno via kictanet <
>>>>> kictanet at lists.kictanet.or.ke> wrote:
>>>>> >
>>>>> > Greetings Mr. Wambua,
>>>>> >
>>>>> > Many thanks for your prompt and elaborate responses as always. Permit
>>>>> > me to behave like a mosquito and ask another question before we put
>>>>> > the matter to rest. I was chatting with a friend who passed by the
>>>>> > Plenipot in Dubai. I understand African Governments are unanimous
>>>>> > about the need to regulate the Internet and are making arrangements
>>>>> to
>>>>> > conduct similar studies, is this a correct position?. What is Kenya's
>>>>> > position on Internet Regulation once again has it changed?
>>>>> >
>>>>> > Congratulations to the Kenyan delegation for bagging another chance
>>>>> to
>>>>> > seat on the ITU Council.
>>>>> >
>>>>> > Best Regards
>>>>> >
>>>>> > On 11/2/18, Wambua, Christopher via kictanet
>>>>> > <kictanet at lists.kictanet.or.ke> wrote:
>>>>> >> Listers
>>>>> >>
>>>>> >> For purposes of clarity on the objects of the tender in question,
>>>>> I wish to
>>>>> >> refer listers to  the public tender document which is available on
>>>>> CA’s
>>>>> >> website at
>>>>> >>
>>>>> https://ca.go.ke/wp-content/uploads/2018/10/Consultancy-Services-For-The-Study-On-Over-The-Top-OTTs-Technologies-Services-In-Kenya.pdf
>>>>> >>
>>>>> >> In brief, the Authority, under its strategic objective of enabling
>>>>> >> widespread deployment of infrastructure and services through
>>>>> promotion of
>>>>> >> new and emerging technologies, plans to undertake a study to
>>>>> determine the
>>>>> >> regulatory mechanisms that can be employed to cater for new and
>>>>> emerging
>>>>> >> areas with specific focus on over the top services.  The consultant
>>>>> shall be
>>>>> >> expected to propose the regulatory approach that the Authority can
>>>>> take in
>>>>> >> respect to OTTs. CA takes this opportunity to invite listers who
>>>>> meet the
>>>>> >> requirements set out in the tender documents to submit their bids
>>>>> by 14th
>>>>> >> November 2018.
>>>>> >>
>>>>> >> CA wishes to assure listers that we have not interest whatsoever in
>>>>> snooping
>>>>> >> into your WhatsApp conversations as that would be against the
>>>>> spirit and
>>>>> >> letter of the constitution. We have however noted that the
>>>>> headlines on the
>>>>> >> articles on this tender are misleading, and the Authority is taking
>>>>> up this
>>>>> >> matter with the respective editors.
>>>>> >>
>>>>> >> I hope this clarification puts this matter to rest.
>>>>> >>
>>>>> >> Regards
>>>>> >>
>>>>> >>
>>>>> >>
>>>>> >>
>>>>> >> Christopher Wambua
>>>>> >>
>>>>> >> Ag. Director/Consumer & Public Affairs | Consumer and Public Affairs
>>>>> >>
>>>>> >> [Description: Description:
>>>>> >> http://digital.scanad.com/casignature/img/logo.png]
>>>>> >>
>>>>> >> Tel: +254 20 4242000/284
>>>>> >> Office Mobile: +254 730 042284/
>>>>> >>                       +254 730172284
>>>>> >>
>>>>> >> P.O. Box 14448 Nairobi 00800
>>>>> >>
>>>>> >>
>>>>> >> [Description: Description:
>>>>> >> http://digital.scanad.com/casignature/img/mail.png]wambua at ca.go.ke
>>>>> >> [Description: Description:
>>>>> >> http://digital.scanad.com/casignature/img/facebook.png]
>>>>> Communications
>>>>> >> Authority of Kenya<https://www.facebook.com/CAOKenya?ref=hl>
>>>>> [Description:
>>>>> >> Description: http://digital.scanad.com/casignature/img/twitter.png]
>>>>> ca_kenya
>>>>> >> <https://twitter.com/CA_Kenya> [Description: Description:
>>>>> >> http://digital.scanad.com/casignature/img/web.png] www.ca.go.ke
>>>>> >> <http://www.ca.go.ke/>
>>>>> >>
>>>>> >> [Description: Description:
>>>>> http://digital.scanad.com/signature/banner.jpg]
>>>>> >>
>>>>> >>
>>>>> >>
>>>>> >>
>>>>> >> From: kictanet
>>>>> >> <kictanet-bounces+wambua=ca.go.ke at lists.kictanet.or.ke<mailto:
>>>>> kictanet-bounces+wambua=ca.go.ke at lists.kictanet.or.ke>>
>>>>> >> on behalf of KICTAnet Discussions
>>>>> >> <kictanet at lists.kictanet.or.ke<mailto:kictanet at lists.kictanet.or.ke
>>>>> >>
>>>>> >> Reply-To: KICTAnet Discussions
>>>>> >> <kictanet at lists.kictanet.or.ke<mailto:kictanet at lists.kictanet.or.ke
>>>>> >>
>>>>> >> Date: Friday, 2 November 2018 at 05:07
>>>>> >> To: Christopher Wambua <wambua at ca.go.ke<mailto:wambua at ca.go.ke>>
>>>>> >> Cc: Ali Hussein <ali at hussein.me.ke<mailto:ali at hussein.me.ke>>
>>>>> >> Subject: Re: [kictanet] Telcos regulator seeks to monitor WhatsApp
>>>>> >>
>>>>> >> @GG
>>>>> >>
>>>>> >> Thanks for sharing. I’m curious as to what the world is coming to.
>>>>> Everyone
>>>>> >> wants to snoop and regulate. Can the CA tell us what’s the major
>>>>> value
>>>>> >> proposition to increasing  snooping on us?
>>>>> >>
>>>>> >> Regulators need to spend more time enabling the sector they are
>>>>> supposed to
>>>>> >> grow and the CA has really been progressive in many ways. Once in a
>>>>> while
>>>>> >> though they try to go back to the bad old KANU days. The onus is on
>>>>> us to
>>>>> >> remind them that Kenyans shut that door kitambo sana.
>>>>> >>
>>>>> >> Ali Hussein
>>>>> >> Principal
>>>>> >> AHK & 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
>>>>> >>
>>>>> >> On 1 Nov 2018, at 10:57 PM, Grace Githaiga via kictanet
>>>>> >> <kictanet at lists.kictanet.or.ke<mailto:kictanet at lists.kictanet.or.ke
>>>>> >>
>>>>> >> wrote:
>>>>> >>
>>>>> >>
>>>>> >> Kenya is considering regulating online services such as WhatsApp
>>>>> and Skype
>>>>> >> in a radical move that could force the internet-based service
>>>>> providers to
>>>>> >> share data with the government.
>>>>> >>
>>>>> >> The Communications Authority of Kenya (CA) is in search of a
>>>>> consultant to
>>>>> >> study and determine how the so-called over-the-top services (OTTS)
>>>>> operated
>>>>> >> by groups such as Facebook, which runs WhatsApp, and Skype owner
>>>>> Microsoft,
>>>>> >> could be regulated.
>>>>> >>
>>>>> >> Read on:
>>>>> >>
>>>>> https://www.nation.co.ke/business/Telcos-regulator-seeks-to-monitor-WhatsApp/996-4833020-fn9u7s/index.html
>>>>> >>
>>>>> >>
>>>>> >>
>>>>> >>
>>>>> >>
>>>>> >> Best regards
>>>>> >>
>>>>> >>
>>>>> >> Githaiga, Grace
>>>>> >>
>>>>> >>
>>>>> >> Co-Convenor
>>>>> >> Kenya ICT Action Network (KICTANet)
>>>>> >> Twitter:@ggithaiga
>>>>> >> Tel: 254722701495
>>>>> >> Skype: gracegithaiga
>>>>> >> Alternate email: ggithaiga at hotmail.com<mailto:ggithaiga at hotmail.com
>>>>> >
>>>>> >> Linkedin: https://www.linkedin.com/in/gracegithaiga
>>>>> >> www.kictanet.or.ke<http://www.kictanet.or.ke>
>>>>> >>
>>>>> >> "Change only happens when ordinary people get involved, get engaged
>>>>> and come
>>>>> >> together to demand it. I am asking you to believe. Not in my
>>>>> ability to
>>>>> >> bring about change – but in yours"---Barrack Obama.
>>>>> >>
>>>>> >> _______________________________________________
>>>>> >> kictanet mailing list
>>>>> >> kictanet at lists.kictanet.or.ke<mailto:kictanet at lists.kictanet.or.ke>
>>>>> >> https://lists.kictanet.or.ke/mailman/listinfo/kictanet
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>>>>> >> Facebook: https://www.facebook.com/KICTANet/
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>>>>> >> www.eacdirectory.co.ke<http://www.eacdirectory.co.ke>
>>>>> >>
>>>>> >> Unsubscribe or change your options at
>>>>> >>
>>>>> https://lists.kictanet.or.ke/mailman/options/kictanet/info%40alyhussein.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.
>>>>> >>
>>>>> >
>>>>> >
>>>>> > --
>>>>> > Barrack O. Otieno
>>>>> > +254721325277
>>>>> > +254733206359
>>>>> > Skype: barrack.otieno
>>>>> > PGP ID: 0x2611D86A
>>>>> >
>>>>> > _______________________________________________
>>>>> > kictanet mailing list
>>>>> > kictanet at lists.kictanet.or.ke
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>>>>> > Unsubscribe or change your options at
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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 list
>>>>> kictanet at lists.kictanet.or.ke
>>>>> https://lists.kictanet.or.ke/mailman/listinfo/kictanet
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>>>>> Unsubscribe or change your options at
>>>>> https://lists.kictanet.or.ke/mailman/options/kictanet/info%40alyhussein.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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>>> Unsubscribe or change your options at
>>> https://lists.kictanet.or.ke/mailman/options/kictanet/info%40alyhussein.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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