[kictanet] [urgent concerns about the economic risks of GoK facilitating or allowing such an exercise without a comprehensive legislative framework or strategy] Online discussion on social-economic impact of broadband in Kenya

Thu Apr 18 09:19:07 EAT 2019

Thank you Patrick for those thoughtful remarks. Waswahili call this chemsha
bongo. (Brain teaser)

Let me say this before I respond inline:

KICTANet is an open platform for catalyzing ICT reforms in the region. It
does not discriminate on any stakeholder group. It does not have heroes or
villains. Any stakeholder can originate healthy debate on the state of our
ICT, and anyone can contribute at will. Policy options on enabling and
expanding broadband and local content is one of the most debated topics on
this list. And with good reasons. Because the state of play in those areas
remain lower than our comparison countries.

As a bonafide lister, I will weigh in on some of the issues you have raised.

On Wed, 17 Apr 2019 at 19:29, Patrick A. M. Maina <pmaina2000 at yahoo.com>
wrote:

> Dear Listers,
>
> Some urgent observations and concerns...
>
> IDC is apparently a private, Market Intelligence Multinational Corporation
> that conducts market research to collect valuable COMPETITIVE DATA, which
> it then packages and SELLS (e.g. in various reporting formats) as its own
> "products", to whoever is interested (possibly including countries or
> corporations that compete with Kenya, or are potential competitors, or can
> contribute materially, to the irreversible erosion of valuable
> international competitive advantage for Kenyan businesses, denying our
> country much needed forex revenues).
>

Although I am not an IDC agent, I think IDC being a global organisation is
in a better position to get into contact with other global organisations
when they are doing landscape related research. I don't think they have a
dog in this fight apart from being contractors to conduct research. They
are not collecting any data, just ideas. The entire research will be
public, this is not a report they will be selling.

>
>
Huawei is an MNC vendor that provides broadband equipment and/or services
> (which I believe includes content platforms and/or services). It likely has
> a commercial interest in this initiative and stands to gain materially -
> whether directly or indirectly, IMO.
>
> Any open available research on our broadband landscape would benefit all
players including Government, International vendors, and local players
including ISPs, and investors. Probably the main concern here is how the
research findings may be shared.

> What exactly is Government's role in this and what measures have been put
> in place to ensure that Kenya's interests, Public interests, are fully
> protected? Or are we willing to happily give out to a foreign company what
> could potentially be the country's most valuable intellectual resource (our
> national trade secrets in the form of market intelligence data)?
>
>
I don't see anything IP related in a landscape research of broadband
penetration and usage. Nor am I aware of any regulations preventing
organisations (non-profit, for-profit, local or international) doing
research whose findings will benefit Kenya. As stated in the introductory
email, the government is a partner in this research and is fully involved
in all decisions, along with the collection and use of all data. In fact
the report is primarily for their, and “Kenyans” benefits. I apologize if
it was not clear before that this is a report for public benefit.

> There is a reason why high income countries don't do things this way. Even
> Nations need COMPETITIVE ADVANTAGE to compete effectively in international
> markets! This is so critical prosperous Nations continuously identify (and
> vigorously protect) NATIONAL TRADE SECRETS as critical and STRATEGIC
> NATIONAL ASSETS.
>
> What trade secrets are these?

> Are we not aware that Africa's poverty is self sustaining because we
> consistently ignore (or grossly underestimate the value) the most essential
> fundamentals of economic prosperity (e.g. property rights)?
>
> Are we really incapable of conducting our own analyses, strategies and
> market studies? Are we really unable to set our own agendas and priorities
> for our (and our children's) long term prosperity?
>

Very good point. KICTANet for example, has conducted major research on ICT
policy in Kenya and the region over the years, and the resources are open
and publicly accessible on the KICTANet website through a Creative Commons
license. This sturdy will also be publicly accessible. As for market
studies on the Internet ecosystem in Kenya, there are many types of studies
that have been conducted by many other local and international players ...
Communications Authority, GSMA, ITU, ATU, etc. Of course more research is
welcomed because it helps triangulate, and challenge research of each
other. Indeed, we are all encouraged to do more research. Is this not the
reason when we get that black cap with a string on the side, the professor
exclaims "I give you powers to read and write". So yes, let us do this
research, and another, and another.

>
>
As we move towards 4iR, the ability to compete internationally within the
> digital realm will be critial and paramount. Given this knowledge, is it
> wise for government to encourage or facilitate (or even allow) the mining
> of indigenous ideas and market intelligence data by foreign corporations
> without demonstrating full awareness of (and concern about) the strategic
> implications?
>

This is answered above

> The 3 working days notice is very telling - and a good reason for
> boycotting the exercise. When you don't want someone to participate (or
> dont care much for their inputs), you give them the shortest notice
> possible. Has it been considered that this short-notice approach can
> contribute to speculations that there is already a parallel document whose
> findings and recommendations have already been made - and we are now
> working backwards to get stakeholder rubberstamp for "ownership" purpose,
> pending to release?
>

If you have been on the list long enough, you will realize that KICTANet
runs periodic debates on the list. This debates don't need any prior
notice. You for example has originated very healthy debate on the list
before notifying listers in advance. And we as listers take up and run with
the debate until its final conclusion. For this particular debate, KICTANet
actually has control over the timeframe. It is a discussion on the state of
our broadband. Like a roundtable, only that it is online facilitated by
technology. Listers are only required to be armed with their experiences,
and realities on the ground. There is no background reading, or materials
to be shared. So a four day discussion would be enough. If it stretches for
a month, why not. The list will be active and buzzing with positive tech
energy and optimism.

> The above will hopefully concern local content producers as well: Knowing
> how procurement and importation opportunities drives initiatives or
> "interventions" in Kenya, Is this "study" a precursor that lays ground, at
> policy level, for a flood of imported content platforms and foreign
> content? Can this issues be credibly discussed in a (potentially
> conflicted) vendor driven process?
>

I have clarified the position of the list in facilitating discussions. If
there was any conflict, there would be censorship on what listers can
discuss. But that is not the case. KICTANet espouses all human rights
attributes including freedom of opinion, speech, and expression. KICTANet
champions what is good in Article 32 and 33.

That said, this report is not being used as private input for any content.
Neither Huawei nor IDC produce content. The only stakeholder involved in
the report involved in content is actually the Kenyan government, so indeed
we hope this report will help the government improve local content amongst
many other recommendations from the report.

>
Is there an internationally enforceable legal and/or contractual framework
> for this initiative to ensure that any data, trade secrets or any
> information that is potentially sensitive or valuable to Kenya's economy
> (in secret form) is protected and that we will not lose intellectual
> property or national competitive advantage - in the long, mid and short
> term?
>
> Where are the lawyers on the list? What is the potential IP that can come
out of this study that is sensitive or valuable in secret form? Presumably
the fact that the study is involving KICTAnet stakeholders, and is going to
be shared with KICTAnet should be a benefit, compared to the alternative of
doing the study without stakeholder input, which I believe is something
that you have criticized before. Do you welcome the chance to give input,
or would you prefer not to? Of course if you prefer not to, you don’t need
to.

>From the circular repetition, this has started to feel like a filibuster.

> From an audit perspective, has it been considered that the vendor leading
> the initiative has been accused by the US Government of allegedly having
> material conflicts of interest that could impact the national
> competitiveness of entire countries (e.g. risk of unauthorised collection
> of sensitive economic or other data)?
>
>
And US has their own competitors to the vendor, and they have to protect
their turf. Do we have our own equivalent? Do we have a turf to protect
with vendor wars? If 1 or 2 countries have problems with Huawei (for
whatever reason, Huawei claims they are politically motivated not based on
evidence) and 200+ other countries do not have a problem with Huawei, what
does that mean? If you read Huawei’s own (copious) communications on this
topic, as well as that from the various governments and companies who use
their products, you can draw a fairer conclusion. I believe you can have
discussions with Huawei who are on this list and welcome to discuss any
issue or question you have by email or face to face

> Has GoK Auditor General and other relevant Government agencies formally
> studied the US Government allegations, to *objectively* ascertain veracity,
> given GoK's apparent close relationship with the company? Has the
> Government established a formal position on the issue? Had the company been
> formally cleared to lead potentially sensitive data mining initiatives in
> Kenya in view of Kenya's strategic and public interests?
>
> Why is this "debate" is happening AFTER the National Broadband Strategy
> has been validated and the public participation process concluded? Are
> there linkages to NBS? What are they and why should a foreign corporation
> drive these linkages and end up owning and selling our competitive market
> intelligence data (in total violation of our Constitution's requirement
> that Government has a CONSTITUTIONAL DUTY to protect Intellectual Property)?
>

The end of one sturdy is not the end of all research. It should actually be
the beginning of a new sturdy.

Again, what IP are you talking about?

> There could be other issues / risks that are not articulated above and I
> invite takeholders to reflect deeply and share their thoughts in public
> interest.
>
>
You have raised may pertinent questions. And this constitutes a healthy
debate. I hope at the end of this all, the people who live a few kilometers
from major cities can also enjoy affordable and reliable always on
broadband with relevant local content. That is all we are striving to
achieve.

> I also invite Government stakeholders to please clarify any area of
> misunderstanding in the issues stated above, from a public interest
> perspective.
>
> Hopefully GoK will take over this exercise and do it properly as a
> strategically sensitive public sector project - starting with a
> demand-side-stakeholder identification, sensitization, and onboarding
> exercise across the entire country - coupled with a parallel (but linked)
> initiatives to ensure holistic and strategic legal or rules framework that
> considers holistic issues at the demand side and their impact on supply
> side.
>
>
Not speaking for GoK ... but From the introduction to the topic, GoK is
indeed a core part of this exercise and has identified partners to
undertake this research exactly as you seem to want, so what is the problem
you are identifying?

> Stakeholders need to start pushing back more vocally on short-term
> patchworks of supplier driven interventions (which create more problems
> elsewhere via unplanned consequences) otherwise we will always be
> complaining that government is doing X yet we never guided the government
> on what is the right path.
>
> We need a National Economic Materplan for ICT from which, and to which,
> all initiatives can be traced and measured using meaningful economic
> metrics and feeding into Vision 2030 and Big four - without risking our
> longer term competitiveness. What happens *after* 2030 (only a decade away)?
>

 There is the MTP 3 which you can look at; let alone the NBS and other
documents.

> Let us build self-confidence in our ability to architect our own
> strategies and solutions. I have seen & met so many brilliant minds in
> stakeholder forums/events and there is not a speck of doubt in my mind that
> we have more than enough talent and brains as a country to guide us out of
> mass poverty and into mass prosperity.
>
> We need to start believing in the power of ideas.. and in ourselves, that
> *we can* do things, and let us hold on to hope / optimism, no matter how
> little, that the artificial impediments (e.g. corruption, nepotism,
> powerful lobbying and brazen impunity) which keep our country poor, can
> (and will) one day, be overcome.
>
> Have a great evening,
> Brgds,
> Patrick.
>
> Patrick A. M. Maina
> [Cross-domain Innovator | Independent Public Policy Analyst - Indigenous
> Innovations]
>
>
>
> On Wednesday, April 17, 2019, 2:25:44 PM GMT+3, Mwendwa Kivuva via
> kictanet <kictanet at lists.kictanet.or.ke> wrote:
>
>
> Dear Listers,
>
>
> IDC is conducting an assessment on the state of play and impact of
> broadband in Kenya, broadly looking at the socio-economic impact on
> consumers, businesses and various sectors like agriculture, education,
> healthcare, finance and government. This assessment has been commissioned
> by Huawei in collaboration with Ministry of ICT and the Communications
> Authority. It has the overarching objective of supporting the policy making
> process to develop broadband services and infrastructure throughout Kenya
> and achieve substantial economic impact in the economy. Other partners in
> the study include the ICT Authority and the National Communications
> Secretariat.
>
>
>
> The assessment will involve a review of the current state of play in the
> sector as well as gaining insights from a wide range of stakeholders on the
> barriers and recommendations to increasing the impact of broadband. Among
> the key stakeholders identified include KICTANET, from whose members IDC
> will seek to gain civil society and other stakeholder perspectives
> including real life examples of impact of broadband, challenges we face in
> increasing impact of broadband and recommendations on interventions needed
> to address the challenges identified. This will be conducted as an online
> debate facilitated and moderated by KICTANET from 23rd to 26th April 2019.
>
>
> Through the online discussion, we will also seek to understand the current
> state of play of broadband in Kenya, including:
>
>    1. What barriers are there in increasing impact of broadband?
>    2. What recommendations can counter the barriers in increasing impact
>    of broadband?
>    3. How is the sector regulated and what policies are in place? How is
>    the business environment for those who want to venture into provision of
>    broadband services?
>    4. How do we create the skills and demand and use cases for broadband?
>    5. What local content is there and is it having an impact or not? What
>    type of local content are we lacking?
>    6. How are users and businesses benefiting from broadband?
>    7. Any other issues.
>
>
> Please note that lister may add any other issue on broadband that come to
> mind.  After the discussion, a summary report will be developed by KICTANET
> which will subsequently be validated during a face to face meeting. IDC
> will incorporate relevant findings into the broadband market assessment.
>
> Sincerely,
> ______________________
> Mwendwa Kivuva.
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