The Kenya Information and Communication (Amendment) Bill, 2019 – No. 61 of 2019 (Malulu Injendi Bill)

We need to explain the issues at hand very soberly because it seems there
is a huge misconception between the DIGITAL and ANALOG world.

The digital world shadows what happens in the real world. The only
difference is the medium. When I start a group (chama, merry-go-round,
investment, motivation, support group, family …) for whatever reason in
the analogy world also know as the real world, I am not required to get any
licenses or authority. This is just like-minded individuals coming together
for social good. That is not any different when people come together in the
digital world. And there are many ways to come together in the digital
world. The first one was IRC, chatboards, then email groups, then email
lists like KICTANet or Skunkworks. With the consolidation of technology, we
now have platform-based groups like Whatsapp, Telegram, Wechat, facebook,
etc. There is no difference between a WhatsApp group and an email list
group like KICTANet, or a chama meeting at Antonio’s fish and chips hotel.
Only the medium is different. If you license WhatsApp groups, also license
email lists and real-world chamas.

Let us go to blogs. Why would anyone want to license a blog? Do they even
know what a blog is? The name evolved from a website log to a weblog to the
shorter form – blog. A personal journal now facilitated by tech. I want to
posit here that it is not possible to license a blog, and I will give the
reasons below. The first blogs were individual simple html websites. Then
we had individual free hosted blogging platforms like Angelfire, BlogSpot,
blogger, WordPress.com, Tumblr, etc. But with the advancement of tech, we
saw consolidation. First, there are blogging platforms that run curated
content like medium.com, or circled.com. Then we have more consolidation
where you can run content specific blogs like YouTube that supports video,
or SoundCloud for only voice content and podcasts. Finally, microblogging
websites like twitter allow you to blog short contents on a tweet, or
longer content through threads. Now, of all these types of logs, which ones
would need a license? Can you prevent someone from sending a tweet? Posting
on Medium.com, posting on SoundCloud, YouTube? The only thing this law
would do is prevent the youth in Kenya from innovating and developing their
own next-generation platforms like twitter. Also, registration of .ke
domains will stagnate, and reduce. Why would I register a domain where I am
subjected to regulation, while I can go to hosted platforms like Medium, or
register my blog with a .com domain? Finally, where is the line between a
blog and a website? Is kictanet.or.ke a blog? What about nation.co.ke?

On Wed, Sep 25, 2019, 09:34 Salim Ali via kictanet <
kictanet@lists.kictanet.or.ke> wrote:

> Dear All,
>
> I think this clearance for Group Admins is very essential.
>
> We approve too much unjustifiable info to the society.
>
> Regards,
>
> Salim Ali
>
> On Tue, Sep 24, 2019 at 4:43 PM Twahir Hussein Kassim via kictanet <
> kictanet@lists.kictanet.or.ke> wrote:
> >
> > Listers,
> >
> > Reference an article on Standard today (24th September 2019) titled
> “Facebook, WhatsApp groups admins to seek CA clearance” attached is the
> said bill.
> >
> > Whilst agreeably we need to regulate the social media inline with
> Internet Governance; the essence of this bill is both BACKWARD and
> OPPRESSIVE for lack of stronger terms to use.
> >
> > Having said that, it is imperative that we go through this with a tooth
> comb and point it’s flaws and suggest better ways – a better way is
> definitely there. On this note, I think it is high time that we started
> looking at issue and put up measures before we get hit by such bills and
> start fire fighting.
> >
> > Let’s roll up our sleeves.
> >
> > Twahir Hussein Kassim
> > Email: twahir@hussein.me.ke
> > Cellphone: +254 734 259 223
> > WhatsApp: +254 722 259 223
> >
> >
> > _______________________________________________
> > kictanet mailing list
> > kictanet@lists.kictanet.or.ke
> > lists.kictanet.or.ke/mailman/listinfo/kictanet
> > Twitter: http://twitter.com/kictanet
> > Facebook: www.facebook.com/KICTANet/
> >
> > Unsubscribe or change your options at
> lists.kictanet.or.ke/mailman/options/kictanet/slimally84%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.
>
>
>
> —
> SALIM ALI SALIM
> _______________________________________________
> kictanet mailing list
> kictanet@lists.kictanet.or.ke
> lists.kictanet.or.ke/mailman/listinfo/kictanet
> Twitter: http://twitter.com/kictanet
> Facebook: www.facebook.com/KICTANet/
>
> Unsubscribe or change your options at
> lists.kictanet.or.ke/mailman/options/kictanet/kivuva%40transworldafrica.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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