[kictanet] US Tech Giants to Profit from Kenya Trade Deal

Wed Oct 6 12:32:09 EAT 2021

Listers,

I think this is a bit of a content fishing expedition.

The FTA doesn't seem to be going anywhere. It has been on ICE since the
Biden administration came in. The US seems keener on CPTPT (Comprehensive
and Progressive Trans-Pacific Treaty) and the EU-US Trade & Tech Council.

The TTC in Pittsburg did not do much except come up with broad areas for
the next meeting in Paris in 2022.

>From the emails I have been seeing from the American Chamber of Commerce
which was very active in organizing meetings around the Kenya-US FTA last
year, now it is taking a more East African tone.

UK is itself trying desperately to get an FTA done with the US and it
hasn't happened yet. Probably why they are busy dismantling some Tech
related laws.

In my opinion, it is good academic exercise to discuss it, but I do not see
it in the near horizon.

By then perhaps we will have built up the ODPC and probably put in
legislation around Ethical AI & Automated Decision making.

Regards,

JG Mbugua

On Wed, Oct 6, 2021 at 11:46 AM Ali Hussein via KICTANet <
kictanet at lists.kictanet.or.ke> wrote:

> Adrian
>
> Please see my responses in-line below.
>
> Regards
>
> *Ali Hussein*
>
> Fintech | Digital Transformation
>
>
> Tel: +254 713 601113
>
> Twitter: @AliHKassim
>
> Skype: abu-jomo
>
> LinkedIn: http://ke.linkedin.com/in/alihkassim
> <http://ke.linkedin.com/in/alihkassim>
>
>
>
>
> 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, Oct 6, 2021 at 10:10 AM Adrian Teri <adriateri at gmail.com> wrote:
>
>> @ Ali Hussein
>>
>> We have a new/young authority that has the mandate to oversee Data
>> Protection at the ODPC's office. In the last paragraphs of BD's article
>> there is mention of clauses that ban data localisation.
>>
> *Ali response - With you on this. At KICTANet we fully support the ODPC's
> Office.*
>
> We need to empower and give teeth to this authority such that they can
>> impose fines and if it comes to it, "black hole" these companies' services
>> at the Internet Exchange Point (KIXP). Also making these companies set up
>> local offices would be highly desirable as they aren't too far from reach.
>>
> *Ali response - Let's be careful with some of the solutions you are
> suggesting. This could lead to further Balkanization of the Internet.
> Something that China, Russia, and the GCC countries have perfected. No one
> wants this except totalitarian regimes. *
>
>
>> I see you are from the Fintech industry but I don't know your inclination
>> on regulation. *It is unquestionably clear that there is nothing like
>> self regulation*. If the home countries of these companies can not
>> muster and see through regulation for them, then the onus is on us and
>> every other sovereign country in the world to do so.
>>
> *Ali response - I'll be careful to not think regulation is the cure of all
> evil. What we forget is that regulators are human too, with all our
> positives and negatives. Having said that I'm all for Enlightened
> Regulation. Here I mean that regulators need not only swing the big stick
> but also do something towards enhancing and advancing the industries they
> regulate. One such regulator in my humble opinion is the Communications
> Authority of Kenya. *
>
>>
>> The beauty of the internet is not like regular products e.g cars which
>> can comply to various regulations per region/country with the emission's
>> laws. On the Internet you can't have 10 different versions of Instagram or
>> WhatsApp. Evidence? The persistent and obnoxious Cookie notices you receive
>> all the time thanks to The EU's GDPR even if you are not a resident of an
>> EU member state.
>>
>  *Ali response - Agreed. However, nature abhors a vacuum. So the EU (for
> better or worse) is doing what other countries should do. Instead of
> blaming them let us look at ourselves... :-)*
>
> Yours Kindly,
>> Adrian
>>
>> On Mon, 4 Oct 2021 at 15:43, Ali Hussein <ali at hussein.me.ke> wrote:
>>
>>> My humble opinion?
>>>
>>> Too much hullabaloo for nothing. What is it that the American companies
>>> are doing now that will be accelerated by this trade agreement?
>>>
>>> Methinks this is just sensational reporting without much meat in it...
>>>
>>> Regards
>>>
>>> *Ali Hussein*
>>>
>>> Fintech | Digital Transformation
>>>
>>>
>>> Tel: +254 713 601113
>>>
>>> Twitter: @AliHKassim
>>>
>>> Skype: abu-jomo
>>>
>>> LinkedIn: http://ke.linkedin.com/in/alihkassim
>>> <http://ke.linkedin.com/in/alihkassim>
>>>
>>>
>>>
>>>
>>> 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 4, 2021 at 1:52 PM Adrian Teri via KICTANet <
>>> kictanet at lists.kictanet.or.ke> wrote:
>>>
>>>> Good afternoon listers,
>>>>
>>>> On Today's (Oct 4th 2021) Business Daily  ()What//how does is
>>>> say/impact about digital taxes (mostly on foreign internet services) and
>>>> Data Protection Act?
>>>>
>>>> The irony of free trade agreements is like putting a heavyweight
>>>> champion against a featherweight. It’s not competition, it’s ugly and
>>>> brutal.
>>>>
>>>>
>>>> https://www.businessdailyafrica.com/bd/economy/us-tech-giants-profit-from-kenya-data-in-trade-deal-3571698
>>>>
>>>> Yours Kindly,
>>>> Adrian
>>>> _______________________________________________
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>>>>
>>>>
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>
> KICTANet is a multi-stakeholder Think Tank for people and institutions
> interested and involved in ICT policy and regulation. KICTANet is a
> catalyst for reform in the Information and Communication Technology sector.
> Its work is guided by four pillars of Policy Advocacy, Capacity Building,
> Research, and Stakeholder Engagement.
>
> 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 - The Power of Communities, is Kenya's premier ICT policy
> engagement platform.
>
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