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Tuesday, January 3, 2012

What does SOPA/PIPA mean for Africa?

Watch this short (4 minute 20 seconds) video 'Internet to be censored starting today thanks to USA'

Gizmodo has just reported that Belarus Is Now Home to the Internet’s Most Insane Law

Belarus: small. Proud. Kvass-drinking. A long history of dubious human rights and piddling dictatorship. And now, bound to a law that makes it illegal to browse foreign websites.

According to the Library of Congress, the new law, which makes SOPA look like a lollipop handout, might make hitting Facebook a little tricky outside of home. Essentially, any "company" or "entrepreneur"—left to be defined broadly—has to use Belarusian internets:

The Law requires that all companies and individuals who are registered as entrepreneurs in Belarus use only domestic Internet domains for providing online services, conducting sales, or exchanging email messages. It appears that business requests from Belarus cannot be served over the Internet if the service provider is using online services located outside of the country. The tax authorities, together with the police and secret police, are authorized to initiate, investigate, and prosecute such violations.

Additionally, the Law states that the owners and administrators of Internet cafés or other places that offer access to the Internet might be found guilty of violating this Law and fined and their businesses might be closed if users of Internet services provided by these places are found visiting websites located outside of Belarus and if such behavior of the clients was not properly identified, recorded, and reported to the authorities. The Law states that this provision may apply to private individuals if they allow other persons to use their home computers for browsing the Internet.

Review the paper by Jonathan L. Zittrain, “The Generative Internet,” 119 Harvard Law Review 1974 (2006).. Then take a close look at SOPA. His book, The Future of the Internet—And How to Stop It
available for download under a Creative Commons Attribution Non-Commercial Share-Alike 3.0 license.

Washington's June 17, 2011 blog post 'Everything We're Doing Now Was Planned BEFORE 9/11': “The Patriot Act was planned before 9/11 . Indeed, former Counter Terrorism Czar Richard Clarke told Stanford law professor Lawrence Lessig:

After 9/11 the government drew up the Patriot Act within 20 days and it was passed. The Patriot Act is huge and I remember someone asking a Justice Department official how did they write such a large statute so quickly, and of course the answer was that it has been sitting in the drawers of the Justice Department for the last 20 years waiting for the event where they would pull it out.”

Could “frightening” Intellectual Property theft “malaware” be what COICA, SOPA, PIPA (and possibly new others) all be posture as fixes? Along Lawrence Lessig's Code 2.0 (pp. 76) Quote:-
"That there is malware on the Internet isn’t surprising. That it is growing isn’t surprising either. What is surprising is that, so far at least, this malware has not been as destructive as it could be. Given the ability of malware authors to get their malicious code on many machines very quickly, why haven’t more tried to do real harm?
For example, imagine a worm that worked itself onto a million machines, and in a synchronized attack, simultaneously deleted the hard drive of all million machines. Zittrain’s point is not that this is easy, but rather, that it is just as difficult as the kind of worms that are already successfully spreading themselves everywhere. So why doesn’t one of the malicious code writers do real damage? What’s stopping cyber-Armageddon?
The answer is that there’s no good answer. And when there’s no good explanation for why something hasn’t happened yet, there’s good reason to worry that it will happen. And when this happens—when a malware author produces a really devastatingly destructive worm—that will trigger the political resolve to do what so far governments have not done: push to complete the work of transforming the Net into a regulable space.
This is the crucial (and once you see it, obvious) insight of Z-theory. Terror motivates radical change. Think about, for example, the changes in law enforcement (and the protection of civil rights) effected by the “Patriot Act.” This massively extensive piece of legislation was enacted 45 days after the terror attacks on 9/11. But most of that bill had been written long before 9/11.
The authors knew that until there was a serious terrorist attack, there would be insufficient political will to change law enforcement significantly. But once the trigger of 9/11 was pulled, radical change was possible.
The same will be true of the Internet. The malware we’ve seen so far has caused great damage. We’ve suffered this damage as annoyance rather than threat. But when the Internet’s equivalent of 9/11 happens—whether sponsored by “terrorists” or not—annoyance will mature into political will. And that political will will produce real change.
Zittrain’s aim is to prepare us for that change. His powerful and extensive analysis works through the trade-offs we could make as we change the Internet into something less generative. And while his analysis is worthy of a book of its own, I’ll let him write it. My goal in pointing to it here is to provide an outline to an answer that plugs the hole in the theory of Code v1. Code v1 described the means. Z-theory provides the motive.”
I wonder how many worse than dubious human rights and piddling dictatorships countries can't wait for US to enact SOPA-PIPA (and the likes) to immediately "replicate" suppression on their national laws? - Excusing themselves as "Protecting Intellectual Property along 'contemporary global best practices'"?

Hope have highlighted Africa's Free Expression advocates' concerns with US SOPA-PIPA types of expression muzzling legislations.

UPDATE: Jeremy Jahns - "Protect IP Act (SOPA) is Internet Censorship and Must Be Stopped!"

UPDATE 2: 10 January, 2012 The below videos added on 10 January, 2012



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Sunday, January 1, 2012

Rejoicing Kenyan Spirit

Heed my advice and if wish to save yourselves laughing until you have to cry. And NO! Not talking about David Foster's Love Theme from "St. Elmo's Fire" which a friend managed to get me hooked to way back in 1989 as an exchange programme student at the University of Queensland in Brisbane, Australia.
I mean today, steer off hotel kinds of “meetings” where Jua Cali and Nameless are expected as high table panellists addressing attendees. Slighty over ayear ago I attended one such function where the two were speakers. They can be so humerous. Oh Boy! they cracked me up in so much laughter until my ribs hurt.That said, creating music is serious business requiring a lot of hard work thus now switching to the serious part.

It was a function well-attended by over 80 local artistes with the objective of addressing bottlenecks in the way of local music creators preventing them from getting maximum return on their investment, my role being to assist by contributing own New Media expertise to the deliberations. Committed to promoting local content online and everywhere and protecting its Intellectual Property to benefit the creators for a society that appreciates and confidently expresses itself.

The artistes expressed various challenges faced with participants floating solutions. Amongst stated of key challenges included poor publicity on the media which suggestion that they consider forming company (or co-operative) then applying for an own Local Content Television channel under the digital broadcasting framework. What would viewers be treated to on such a channel if it existed?

Ushering the New Year reflecting on the budding local music industry celebrating with just but a few of their videos available online.


Nameless released Coming Home last July – an excellent high quality video whose uniquely composed “cool” lyrics speak to the joy in celebrating heroic return home. If only Nameless had a deal with KQ to play the video-song on all flights back to Nairobi, or as a give-away to returning passengers?

Inspiring the youth to “chill” choosing knowledge for great future is Sauti Sol's "Soma Kijana". Juliani release Exponential Potential advising them “hard work gets the best out of life” and Octopizzo's released Vowels last month - all quite popular among the youth.

Wyre brand of music transcends across indigenous, upper class, to international pop culture reflected on his videos Wyre & JB Maina on Mwanake, Kyraz ft. Wyre on No More and Wyre ft. Ce' Cile (Jamaican) on She Say Dat

Without forgetting Calif Records' Jua Cali and Mejja flavour speaking to hustling in the slums on Bongo la Biashara where sings “..ma-gova wakitokea hautaniona...” [if the police show up I'll have disappeared] or on Landlord where Mejja laments tenants harassment and rights violations from landords. Their lyrics also inspire, for example, Bro, Niko Poa (Barua)[My brother, I am fine] and on love Kendi ft. Mejja Mwanisema

It was 'bad' enough to listen to Jua Cali and Nameless that frankly don't think I could have survived if Mejja had been added forming a trio of panellists.

On 18 April received an email that read, “Greetings..It is my great pleasure to share with you the announcement we received that my song entitled "Simama" is the Winner of the International Songwriting Competition (ISC) 2010 - World Music Category!” - George Mutinda Wambua – Mutinda from Nairobi put Kenyan flag on world-standing music winners map.

“Mutinda - Timeless, soul-searching melodies and contagious rhythms.. Mutinda from Kenya, is a strong singer/songwriter, vocalist and acoustic guitarist playing World Music and afro-folk, which contains rare sounds of Kenyan Music meeting the global contemporary influences of today. Mutinda is a self-taught musician who began pursuing his career in his childhood by playing a home-made guitar,” his bio reads.

Agreed, his music captures and its hard to get over listening to the songs. I may not understand the words on either Vala Vandu or Osa Vinya, but I totally enjoy listening to the songs appreciative of my friend Victor's translation of “Osa Vinya” as “Take Heart.” Visit www.mutinda.com for more details.

Interested in Reggae? Listen to Abbi Mudunia Album's “Spread More Love”, “Rainbow”, “Cry No More”, “Butterfly” and “Afrika”- feat. Ashimba (from Tanzania) at his page on MySpace.com
These are but just samples of the much pleasing local talent Kenya now boasts of. But where is the rest of the music and videos, local films and animations and what can be done to bring it all to the fore?

Policy, Law and Regulations:

The National ICT Policy set the foundation for building digital local content. Kenya Information and Communications Act (Cap 411A) tasked the Communications Commission of Kenya to develop Kenya Information and Communications (Broadcasting) Regulations, 2009. where “Local content” means the total of all television or radio programmes which fulfil any five of the following conditions:

(a) the production is made in either Kenya’s native languages or official languages of Kenya;
(b) production was done in Kenya;
(c) the content deals with issues that are unique and relevant to Kenyan audiences;
(d) at least twenty per centum of the share of the production company are owned by Kenyans;
(e) a majority of the artistes are Kenyans;
(f) the location of shooting, in case of audiovisual programmes or performance was in Kenya;
(g) the author thereof must be a Kenyan national and in case of co-authorship or multi-authorship fifty per centum or more of the authors must be Kenyan;
(h) the production is made under Kenyan creative and technical control, but does not include news and commentaries;

Clearly a huge market demand for local content exists, an enabling official policy environment, law and regulations are in place. Fair to concluding by revising challenge posed to local entertainment content creators. Consider collectively applying for a digital broadcasting channel. You may opt to operate the channel as commercial or along community broadcasting guidelines. Exploit this option to solve your creative productions publicity challenges over which you asked for help to mitigate.
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Wednesday, December 28, 2011

Technology robbing poor pupils and parents millions of cash

Update 1: Now approaching 24 hours since sent that SMS yet not results received! And still waiting...... Update 2: Its 4 days later and no reply. Written it off 2010 losses expecting a repeat on KCSE results... __________________________________________________________________________________

Photo/Business Daily
Tens of millions of shillings are being made today from poor pupils, their parents and relatives all anxious for now released KCPE results. As expected, as always the case now for the seventh consecutive year, the free online results query services announced by the Ministry of Education and Kenya National Examinations Council are not working on the results days.

Visitors are “encouraged” to use costly Premium Rate Service advertised which continues delaying results thus forcing pupils and their families to send repeated messages, each costing then twenty shillings. But is this a case of technology failure or latest illustration of governance translucency?

Today's media reports it is anxious time for KCPE candidates over exam results. Everyone whom has sat for an examination knows too well the anxiousness that gripped them on learning that the results were out, be they primary, secondary school, high school, university or professional examinations. An unsettled state of emotions that makes food lack taste or an unquenchable thirst for results information no drinks can satisfy.

The emotional turmoil being experienced by parents and 775,000 pupils whom sat for this year's Kenya Certificate of Primary Education (or KCPE) examinations results released a short while ago by Ministry of Education (MoE). Parents eager to find out whether their child passed the exams, possible Form 1 admission school next month for better school fees and related expenditure budgeting. The impatient young can do anything to know the outcome of their 8-year long primary school life.

Under these circumstances, all welcome announced technologies to enable their instant access to the results. The minister's announcement of availability the results at the ministry's website, Kenya National Examinations Council (KNEC) website and option three – on mobile phone send index number to short 5052 (reported as 55052 by media) but do they work and at what cost?

The ministry's requests website visitors to “Click on the object Link below to start Searching for your results..” when no such link(s) for searching results actually exists!
Kenya Ministry of Education website
No links to search results (viewed on 28 December,2011)

KNEC provides two options in the order: 1. “SMS Index Number to 5052 to get 2011 KCPE Results on SMS” and 2. “Click here to check for 2011 KCPE Results Online.”

"SMS Index Number to 5052 to get 2011 KCPE Results on SMS"
Kenya National Examination Council website (viewed 28 Dec.,2011)

Choosing option 2 takes website visitor to a screen where can to type the index number but after pressing “SUBMIT” button gets “ERROR: Gateway Timeout: While trying to retrieve the URL http://www.knec-results.ac.ke/rdisplay.php:Connection timed out” message.

Essentially therefore leaving option 1 available to each of the the 775,000 pupils and (perhaps both) parents - sending index numbers to 5052 SMS service. Never mind that neither the ministry nor KNEC anywhere bother to inform mobile phone users that that messages sent to 5052 are charged at Kshs 20 per message or how long after they should expect the reply message.

The proof of the pudding is in the eating, therefore at 1:54 pm today I checked my mobile phone balance, chose a carefully selected index number, wrote and SMS to 5052 then pressed “send” button on the phone. There are several consumer protection issues this incident brings to the fore.

Two years ago, I know of a parent who sent a message to the service but after not getting any replies, sent several others afterwards. They then used different phones, then phones on different networks afraid that perhaps their phone or network were to blame. Never knew that each message cost them a whooping 20 Shs thus their total bill was enormous. They finally received irritating several SMS replies, but several days later, after they had anyway given up on the 'wonderful' technologies went and got to the results from the school.

It is now approaching 5:30 pm and yet to receive the reply SMS message and I can only imagine the many among the hundreds of thousands pupils and their parents have sent several messages are languishing in continued anxiety.

Bearing in mind potentailly shillings 15 million and five hundred thousand is derived if every pupil sends just one SMS add the extra messages sent by either or both their parents or relatives, repeatedly, potentially amounting many more tens of millions shillings from poor results anxious pupils and parents.

But expect the usual blame game and pointing of fingers. The ministry, KNEC and their Premium Rate Service Provider (short code 5052) jointly accusing technology “overwhelmed” demand for service outages or delays.

But is it really a technology failure or a transparency/translucency issue? The officials indirectly advertising for a commercial service, deliberately or by omission failing the free online services to drive pupils to the commercial venture? Who owns the services and how many millions of shillings has the firm derived each year? Why aren't there several PRSP short codes not published, if the one cannot cope with demand – if to ensure that the pupils expectations of technology are not quashed when so young. Was the service procured in line with the Public Procurement and Disposal Act, 2005? And why, after 7 years repeated experience on both KCPE and KCSE results has the ministry and KNEC failed to upgrade their system and bandwidth, at least before announcing to the public?

Could the officials publish the millions of shillings cumulatively generated from the premium rate SMS service over the last seven year, if it does not constitute business confidentiality or infringe on the business owners income privacy?

It is inexcusable that for the seventh consecutive year, neither the ministry's nor KNEC's websites are providing the announced promised results and I still have not received test results after sending one costly 20 shillings trial message to 5052 at 1:54 pm. I shall update this post with the date and time when, or if, I ever get the SMS query reply message. (Of course, careful not to reveal the mobile number(s) I used to avoid their prioritisation of my message above all others' messages.)

Conclude by stating that the Ministry of Education, Kenya National Examinations Council and their SMS Premium Rate Service Provider jointly have a public ICT consumer protection case to answer.
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