Browsing by Author "Walubengo, John"

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Treatment of Kenya’s Internet Intermediaries under the Computer Misuse and Cybercrimes Act, 2018
(LINK Centre, University of the Witwatersrand (Wits), Johannesburg, 2018-11-23) Walubengo, John; Mutemi, Mercy
Kenya has this year enacted the Computer Misuse and Cybercrimes Act, 2018. This article reviews the Act from the perspective of internet intermediaries, with a view to establishing the impact the Act is expected to have on intermediaries’ operations. The article outlines key concerns regarding the Act’s provisions in respect of obligations and liabilities of intermediaries, particularly with regard to obligations to support state agencies. Recommendations are made for how the Act could be amended to cater more optimally to both state and intermediary concerns.
Treatment of Kenya’s Internet Service Providers (ISPs) under the Kenya Copyright (Amendment) Bill, 2017
(LINK Centre, University of the Witwatersrand (Wits), Johannesburg, 2019-06-28) Walubengo, John; Mutemi, Mercy
Kenya’s Copyright (Amendment) Bill, 2017, is nearing its final stage of consideration by Parliament. In this article, we provide a review of the Bill’s provisions in respect of its treatment of internet intermediaries, specifically internet service providers (ISPs). We seek to establish the impact that the intermediary liability provisions in the Bill could have on ISPs’ operations if the Bill is passed into law in its present form. We applaud the Bill’s provision for a “safe harbours” regime, whereby ISPs would incur no liability, or limited liability, for certain specific intermediary actions. However, we also note that the framing of the Bill’s notice-and-takedown provisions would require quasi-judicial skills on the part of ISPs, which may not be appropriate. We conclude by providing recommendations for how legislators could address the weaknesses in the Bill’s treatment of ISPs.