[kictanet] Fwd: Link utilization

Tue Oct 2 06:17:22 EAT 2018

Listers

Don't look further for blame on this issue than the total lack of interest
from Policy Makers and Regulators regarding basic Net Neutrality tenets.
Just in case we have forgotten what Net Neutrality means here is a
definition:-

*Net neutrality <https://en.wikipedia.org/wiki/Net_neutrality>* is the
principle that Internet service providers treat all data on the Internet
equally, and not discriminate or charge differently by user, content,
website, platform, application, type of attached equipment, or method of
communication. For instance, under these principles, internet service
providers are unable to intentionally block, slow down or charge money for
specific websites and online content. *This is sometimes enforced through
government mandate*. These regulations can be referred to as "common
carrier" regulations. This does not block all abilities that Internet
service providers have to impact their customer's services. Opt-in/opt-out
services exist on the end user side, and filtering can be done on a local
basis, as in the filtration of sensitive material for minors.

Where are the Consumer Protection guys on this matter?

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 Mon, Oct 1, 2018 at 11:06 PM Nelson Kwaje via kictanet <
kictanet at lists.kictanet.or.ke> wrote:

> Hi James,
>
> Thanks for sharing, I will read through it for compliance and future
> reference
> In principle I am usually very leery about the idea of an ISP determining
> “Intended usage” for internet users. I think it just sounds not right.
> Leave alone the Server monitoring clause gives the ISP a wide range of
> authorities  powers over one’s transmitted content.
>
> *"Service Monitoring*
> *JTL is under no obligation to monitor a customer's usage, bandwidth,
> transmissions and/or content of service.  However, JTL may monitor the
> usage, bandwidth, transmissions and content of service periodically to (i)
> comply with any necessary laws, regulations or other governmental requests
> or (ii) operate service properly or to protect itself, its network and its
> customers and subscribers.  JTL Faiba reserves the right to modify, reject
> or eliminate any information residing on or transmitted to its server that
> it, in its sole discretion, believes is unacceptable or in violation of
> this AUP or any other terms and provisions applicable to service."*
>
> On Mon, Oct 1, 2018 at 10:23 PM James Wanjau <bkwanjau at gmail.com> wrote:
>
>> Hi,
>>
>> I think this is what you're looking for.
>>
>> http://faiba.co.ke/quarantine/policy.html
>>
>> Read up on data caps- just ISPs' way of telling you to temper your
>> appetite for data
>>
>> https://en.wikipedia.org/wiki/Data_cap
>>
>> And JTL have been doing it for a while:
>>
>> https://twitter.com/faibajtl/status/460478955179737088?lang=en
>>
>> On Mon, 1 Oct 2018 at 21:34, Nelson Kwaje via kictanet <
>> kictanet at lists.kictanet.or.ke> wrote:
>>
>>>
>>> Hey folks,
>>>
>>> Please see the below exchange between me and my ISP. They did not get
>>> back to me after my reply and the internet was not interred  with since
>>> then . Is it legal for ISPs to cut service based on such justifications.
>>>
>>> Cheere
>>> Nelson
>>>
>>>
>>> Dear Mike
>>> Please send me a copy of the "fair use  policy", I hope it contains a
>>> clear definition of the intendned purposes.
>>> Because I don't recall signing or consenting to  such an agreement.
>>> Regards
>>> Nelson
>>>
>>> On Mon, 17 Sep 2018, 16:27 Mike
>>>
>>>> Hello
>>>>
>>>> We note that the link is being over utilized hence the course for slow
>>>> speeds. Something to note is that our various products are governed by a
>>>> fair usage policy that is supposed to ensure that a product is used for its
>>>> intended purpose.
>>>>
>>>> From your today’s usage, we note that you are exhausting the FUP limit
>>>> for the subscribed product: Faiba home 50 Mbps.
>>>> The system is designed to limit your speed for the remainder of the
>>>> peak hours once this threshold is reached. Kindly consider:
>>>>
>>>> i. Upgrading to a higher subscription
>>>> ii. Managing your usage to be within the dimensions of the product.
>>>>
>>>> Kindly see the attached is your average utilization graph and the most
>>>> active protocols showing your usage for the day.
>>>>
>>>>
>>>>
>>>> *Regards,*
>>>>
>>>> *Mike*
>>>>
>>>>
>>>>
>>>> _______________________________________________
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>>
>>
>> --
>> ------------------------------------------------------------------
>> ---Freedom is the right of all sentient beings---
>> ------------------------------------------------------------------
>> Thanks and Regards,
>> Kariuki James Wanjau,
>> (+254) 0717-315-092
>> ke.linkedin.com/in/JamesWanjau
>>
>> _______________________________________________
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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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