The Friendly Troll: Recent Episodes
CIPIT
The Friendly Troll is a podcast with observations of the global tech industry from the perspective of the Global South. Our trolling is meant to enlighten listeners and explore interesting topics from a new point of view. The podcast is produced by CIPIT, the Centre for Intellectual Property and Information Technology Law, at Strathmore Law School in Nairobi, Kenya.
In this episode of The Friendly Troll Podcast, host Calvin Mulindwa is joined by Mustafa Mahmoud to explore the governance of Digital ID systems and government digital services in Kenya and Zambia. Drawing from CIPIT’s latest publication "Report on the Study of Government Digital Services and Digital ID in Kenya and Zambia" they discuss the legal and institutional frameworks that underpin these systems, identify key implementation gaps, and reflect on what’s needed to promote rights-respecting governance with a focus on Kenya.
With over 12 years of experience in legal identity and inclusion, Mustafa shares valuable insights on the findings from surveys conducted with government agencies, civil society organisations, and private sector players. The conversation highlights systemic challenges, litigation trends, risks posed by biometric systems, and the need for inclusive, collaborative approaches to digital governance.
Key Highlights:
- Introduction to Digital ID and its connection to digital public infrastructure (DPI) and digital public goods (DPG).
- Importance of data protection, especially in relation to sensitive biometric data.
- Overview of the survey methodology used in the study and the diversity of institutions surveyed.
- Key challenges inhibiting just and inclusive digital ID systems in Kenya.
- Contrast between Kenya and Zambia’s approaches, particularly Kenya’s litigation landscape.
- Risks and barriers related to digital access, biometric systems, and systemic inequalities.
- Current efforts by CSOs and recommendations for improving government-civil society collaboration.
- Discussion on the role of inclusive policy and multi-stakeholder design in building trust and equitable access to digital services.
Don’t forget to subscribe for more episodes!
Music:
Intro/Outro – https://pixabay.com/music/id-102694/
In this episode, CIPIT’s Josephine Kaaniru and Florence Ogonjo share reflections from the 2nd Conference on the State of AI in Africa (COSAA 2025), themed “Shaping Responsible and Ethical AI Governance, Policy, and Regulation in Africa.” They unpack key highlights from the event from transformative discussions on AI policy and ethical frameworks to the challenges and opportunities shaping Africa’s digital future.
The conversation also dives into the newly launched State of AI in Africa 2025 Report, which maps the evolving AI landscape across the continent. From growing government strategies to rising startup innovation and infrastructure investment, the report paints a picture of progress while also acknowledging the governance and access gaps that remain.
Key highlights
- Key Themes from COSAA 2025
– Responsible and ethical AI governance in Africa
– Policy and regulatory developments across the continent
– Building frameworks tailored to Africa’s unique social and economic context - Insights from the State of AI in Africa 2025 Report
– Rapid growth in government-led AI strategies and national frameworks
– Expansion of local startups and regional AI solutions
– Infrastructure investment and capacity building as key priorities
– Ongoing challenges in regulation, ethics, and access to data and resources - Africa’s AI Trajectory
Don’t forget to subscribe for more episodes!
Music:
Intro/Outro – https://pixabay.com/music/id-102694/
Episode Overview:
In this episode of the Friendly Troll Podcast, we tackle the pressing issue of Technology Facilitated Gender-Based Violence (TFGBV) in Kenya. Florence Ogonjo and Doreen Abiero, researchers at CIPIT, joined by Cherie Oyier from KICTANET, share their insights on the various forms of TFGBV, its prevalence in Kenya, and its impact on survivors. We also discuss the existing legal frameworks, the challenges faced by victims, and the role of technology companies in combating this issue. Join us for a comprehensive discussion aimed at raising awareness and fostering advocacy for change.
Key Highlights:
- Definition and scope of TFGBV, including online harassment, cyberbullying, and non-consensual sharing of images.
- Current landscape and statistics on TFGBV in Kenya.
- Personal stories illustrating the psychological, social, and economic impacts on survivors.
- Overview of existing laws, including the Data Protection Act and Cyber Crimes Act, and their limitations.
- Current interventions by government and NGOs, along with best practices for supporting survivors.
- Evidence-based recommendations for policy changes and advocacy efforts.
Resources:
- Safeguarding Women Online: Addressing TFGBV in Kenya
- The National Gender-Based Violence Toll-Free Helpline - 1195
- National Gender and Equality Commission Hotline toll-free line 0800730999
- Mombasa County Gender-Based Violence Technical Working Group phone line 0800720587
Listen Now:
Tune in to this critical conversation and learn how you can get involved in advocating against TFGBV. Don’t forget to subscribe for more episodes!
Music:
Intro/Outro – https://pixabay.com/music/id-102694/
In this episode, Dr. Melissa Omino is joined by Dr. Desmond Oriakogbai, an Associate Professor at The University of the Western Cape. Dr. Oriakogbai is an expert in Intellectual Property and Competition Law. Dr. Omino and Dr. Oriakogbai have an in-depth discussion on Dr. Oriakogbai’s book, The Right to Research in Africa: Exploring the Interface between Copyright and Human Rights. The book explores the intersection and manifestation of tensions between intellectual property rights and human rights, focusing on the conflict between Copyright and the Right to Research in light of the African context.
The book has five chapters and is written in accessible language. It is framed to target a broad audience, offering insights for law and policymakers, judges, lawyers, researchers, students, and the general public.
Resources
Audio Home Recording Act (AHRA) of 1992 (the "Sony Act")
https://www.congress.gov/bill/102nd-congress/senate-bill/1623/text
Sony Corp. of Am. v. Universal City Studios, Inc. in 1984
https://www.copyright.gov/fair-use/summaries/sonycorp-universal-1984.pdf
Berne Convention for the Protection of Literary and Artistic Works
https://treaties.un.org/doc/Publication/UNTS/Volume%20828/volume-828-I-11850-English.pdf
The Right to Research-Arjun Appadura
https://docs.ufpr.br/~clarissa/pdfs/Research_AppaduraiA.pdf
Why Intellectual Property and Pandemics Don't Mix
https://www.brookings.edu/articles/why-intellectual-property-and-pandemics-dont-mix/
General Comment No. 25 (2020) On Article 15: Science and Economic, Social and Cultural Rights
https://www.ohchr.org/en/documents/general-comments-and-recommendations/general-comment-no-25-2020-article-15-science-and
AU Agenda 2063
https://au.int/en/agenda2063/sdgs#:~:text=and%20children's%20rights-,4.,empower%20all%20women%20and%20girls.
Springer Briefs In Law Series
https://www.springer.com/series/10164
Katika kipindi hiki cha "The Friendly Troll," msimulizi Calvin Mulindwa anachunguza kwa kina haki za picha nchini Kenya, akiangazia msingi wao wa kisheria na athari zake katika dunia halisi. Kipindi hiki kinachambua maana ya haki za picha, pamoja na haki ya kudhibiti matumizi ya sura ya mtu katika maeneo ya umma na biashara.
Calvin anajadili sheria muhimu kama vile Sheria ya Ulinzi wa Data ya Kenya ya 2019 na Ibara ya 31 ya Katiba, akielezea jukumu lao katika kulinda faragha binafsi. Kupitia kesi muhimu kama vile Wangechi Waweru Mwende dhidi ya Tecno Mobile Limited na Jessica Clarise Wanjiru dhidi ya Davinci Aesthetics, kipindi hiki kinaonyesha jinsi mahakama zilivyoshughulikia ukiukwaji wa haki hizi, ikisisitiza umuhimu wa ridhaa wazi na matumizi halali ya picha binafsi. Majadiliano pia yanatoa ushauri wa vitendo kwa watu binafsi na wadhibiti na wasindikaji wa data juu ya kuheshimu na kulinda haki za picha katika mazingira ya kidijitali na biashara.
Malalamiko Yaliyoorodheshwa:
- Phyllis Nyaboke dhidi ya Grola Tech Limited T/A Lion Cash - Ukiukaji wa kutopata ridhaa ya moja kwa moja.
- Brian Wainaina na Gathoni Mattai dhidi ya Deltech Capital Kenya Limited T/A Mykes - Kushindwa kutoa taarifa inayofaa kuhusu matumizi ya data, ikisababisha uvunjaji wa faragha.
- Edith Andeso dhidi ya Shule za Olerai Limited - Masuala kuhusu usimamizi wa ridhaa endelevu kwa madhumuni ya masoko.
- Christine Wairimu Muturi dhidi ya Shule ya Roma Uthiru - Mahitaji ya ridhaa wazi ya wazazi kwa usindikaji wa data za watoto wadogo.
Sheria Zilizonukuliwa:
- Ibara ya 31. Katiba ya Kenya
- Sheria ya Ulinzi wa Data ya 2019.
- Uamuzi wa Mahakama ya Kenya: Wangechi Waweru Mwende dhidi ya Tecno Mobile Limited [2020]
Image Rights - Release Form Information Pack
Music:
Intro/Outro – https://pixabay.com/music/id-102694/
In this episode of "The Friendly Troll," host Calvin Mulindwa delves into the intricacies of image rights in Kenya, focusing on their legal basis and real-world implications. The episode explores what image rights entail, including the right to control the use of one's likeness in public and commercial domains. Calvin discusses key legislation such as the Kenyan Data Protection Act of 2019 and Article 31 of the Constitution, highlighting their role in protecting personal privacy.
Through landmark cases like Wangechi Waweru Mwende v Tecno Mobile Limited and Jessica Clarise Wanjiru v Davinci Aesthetics, the episode illustrates how the courts have addressed violations of these rights, emphasizing the importance of explicit consent and the lawful use of personal images. The discussion also provides practical advice for individuals and data controllers and processors on respecting and securing image rights in digital and commercial settings.
Complaints Listed:
- Phyllis Nyaboke v Grola Tech Limited T/A Lion Cash - Violation for not obtaining direct consent.
- Brian Wainaina and Gathoni Mattai v Deltech Capital Kenya Limited T/A Mykes - Failure to properly inform about data use, leading to privacy infringement.
- Edith Andeso v Olerai Schools Limited - Issues regarding ongoing consent management for marketing purposes.
- Christine Wairimu Muturi v Roma School Uthiru - Requirement for explicit parental consent for processing minors' data.
Laws Quoted:
- Article 31. Constitution of Kenya
- Data Protection Act of 2019.
- Kenyan Court Decision: Wangechi Waweru Mwende v Tecno Mobile Limited [2020]
Music:
Intro/Outro – https://pixabay.com/music/id-102694/
In this episode Florence Ogonjo is joined by Dr. Nomalanga Mashinini a senior lecturer at the University of the Witwatersrand, where she facilitates the LLM Cyberlaw course. Dr. Nomalanga is founder and host of the podcast ‘Image Rights by N Mashinini’. Florence and Nomalanga have an in-depth discussion on the foundational basics of image rights and how social media has changed how image rights is perceived both in Kenya and South Africa.
Resources
Legal Protections for Image Rights in Kenya
https://cipit.strathmore.edu/legal-protections-for-image-rights-in-kenya/#:~:text=Simply%2C%20image%20rights%20are%20an,their%20signature%20or%20biometric%20data
Understanding the Law in Upholding Image Rights: Perspectives form Around the World and Kenya
https://cipit.strathmore.edu/wp-content/uploads/2023/09/Image-Rights-
Report200923_compressed.pdf
Image Rights by NMashinini
https://www.linkedin.com/company/irbymashinini/about/
The Image Rights Over Social Media Profile: Whose Identity is it Anyway?
https://www.researchgate.net/publication/370577929_The_Image_Rights_Over_Social_Media_Profile_Whose_Identity_is_it_Anyway
Image Rights Release Form Info-pack
https://cipit.strathmore.edu/wp-content/uploads/2023/11/IRRF-InfoPack-2.pdf
Music:
Intro/Outro – https://pixabay.com/music/id-102694/
In this exciting episode, CIPIT’s very own researcher Natasha Karanja explores the groundbreaking impact of machine learning in revolutionising healthcare across the African continent. Join us on a journey through cutting-edge applications, from predictive diagnostics to personalised treatment plans, as we showcase how AI is enhancing medical outcomes and bridging healthcare gaps.
Music:
Intro/Outro – https://pixabay.com/music/id-102694/
In this thought-provoking episode, Florence Ogonjo explores the intersection between Artificial Intelligence and Human Rights. Join us as we unravel the ethical complexities, challenges, and promises that arise when cutting-edge technology meets the core tenets of our shared humanity. Through real-world examples, this episode dissects the potential of AI to both empower and infringe upon human rights. How do we safeguard against biases embedded in algorithms? Can AI be harnessed as a force for positive social change? These questions and more guide our exploration as we navigate the ethical terrain of AI deployment. Resources1. Documentary: Coded Bias
2. Stakeholder Framework - AI in Africa: Framing AI through an African Lens
3. Stakeholder Dashboard
4. Recommended Reading: You Look Like a Thing and I Love You - Janel Shane
5. CIPIT AI Tab Music:
Intro/Outro – https://pixabay.com/music/id-102694/
In this episode, CIPIT Researcher, Josephine Kaaniru, gives a brief overview of what Responsible AI entails. Join her on a journey that highlights the looming AI threats like bias and the dangers of AI in conflict situations, navigates the guiding principles shaping responsible AI, and imagines the contours of an African Responsible AI framework designed to meet the unique challenges and opportunities of this dynamic technological frontier.
Music:
Intro/Outro – https://pixabay.com/music/id-102694/
In this episode hosted by Doreen Abiero, the spotlight is on the intersection of AI, internet security, and content censorship in Kenya. The narrative unfolds as AI serves as a vigilant guardian, navigating the delicate balance between freedom of expression and safety, highlighted by the Computer Misuse and Cybercrimes Act. The ongoing debate around regulating social media platforms adds complexity to the struggle. The episode emphasizes the crucial role of collaboration between the government, tech companies, and civil society, underscoring the need for cultural sensitivity in AI. It concludes by emphasizing the pivotal role of digital literacy in navigating the evolving landscape of online security in Kenya.
Resources:1.CIPIT AI Tab
2. Report: State of AI in Africa Report 2023
3. Legislation: The Computer Misuse and Cybercrimes Act, 2018
Music:
Intro/Outro – https://pixabay.com/music/id-102694/
In this episode Florence Ogonjo is joined by a guest Adeboro Odunlami of AIRA (Africa Internet Rights Alliance) as they focus on the trends and insights noted in digital rights in Africa throughout the year. They also look at challenges faced by digital rights activists and the future of digital rights in the continent.
Resources
Africa Internet Rights Alliance - AIRA
https://aira.africa/
Contextualizing Political Advertising Policy to Political Microtargeting in the Nigeria Elections
https://cipit.org/wp-content/uploads/2023/10/Contextualizing-Political-Advertising-Policy-to-Political-Microtargeting-in-the-Nigeria-Elections_compressed.pdf
Music:
Intro/Outro – https://pixabay.com/music/id-102694/
In this episode, CIPIT’s very own researcher Natasha Karanja explores the transformative impact of Public Interest Technology (PIT) and its role in shaping a more inclusive and responsive digital future. Join us and gain insights into the principles guiding the development of technology that serves the public interest and learn how you can be part of the movement to build a more socially conscious tech landscape.
Music:
Intro/Outro – https://pixabay.com/music/id-102694/
In this episode, CIPIT researchers, Josephine Kaaniru and Dan Allan Kipkoech answer the question on all of our minds; Will ChatGPT take my job? The researchers begin by introducing Chatgpt, especially in the context of Artificial Intelligence (AI). They then consider how ChatGPT has influenced work so far, with real life examples of both positive and negative impacts on labour. Finally, they consider the potential impact of ChatGPT and similar Large Language Models (LLMs) on work, considering both the optimist and the cautious perspectives.
Resources (Blogs):
- https://fortune.com/2023/06/12/asana-ceo-ai-make-work-more-human-tech-careers-dustin-moskovitz/
- https://fortune.com/2023/06/13/chatgpt-like-human-language-robots-linguistics-artificial-intelligence/
- https://fortune.com/education/articles/a-i-is-coming-for-the-jobs-youd-least-expect-and-it-means-everybody-needs-new-skills-coursera-ceo-says/
- https://techcrunch.com/2023/08/24/chatgpt-everything-you-need-to-know-about-the-open-ai-powered-chatbot/
Music:
Intro/Outro – https://pixabay.com/music/id-102694/
In this exciting episode , CIPIT’s very own researcher Natasha Karanja takes us on a journey of exploring the historical roots of AI through an imperialist lens. The episode aims to explore the imperialist nature of AI and how it has shaped the trajectory of its development. The episode uncovers the geopolitical forces and power dynamics that have influenced the development of AI. Sit back and let us go on this exciting journey.
Resources:
Blogs
1. Artificial Intelligence and its Imperialist Roots
2. From Colonial Legacy to AI Progress: Re-defining Gender and Data Protection in Africa
Music:
Intro/Outro – https://pixabay.com/music/id-102694/
Listen to Doreen Abiero in this captivating episode as we unravel the story of Data Rights and Governance for Ethical AI in Africa. Encounter the digital divide as a formidable adversary and Africa's cultural diversity as the unexpected hero. This episode explores the implementation of ethical AI frameworks, a pivotal chapter shaped by government collaboration. Through inspiring tales in healthcare and agriculture, we witness innovation transforming lives. Concluding with Africa's potential to lead in responsible AI adoption, this episode is a riveting narrative where technology, ethics, and society intersect. Tune in for a concise and engaging journey.
Resources
Report: The New Wave of eHealth: AI and Privacy Concerns? A Case Study of Kenya
Report: State of AI in Africa Report 2023
Music:
Intro/Outro – https://pixabay.com/music/id-102694/
In this episode, Florence Ogonjo delves into the transformative impact of Artificial Intelligence within the hallowed halls of the judiciary. Join us as we unravel the intricate tapestry of AI applications in legal processes and the profound implications for justice systems. Discover the promises and challenges as we navigate the fine line between efficiency and ethical considerations. Can AI truly enhance justice delivery, or does it risk perpetuating biases? What safeguards are in place to ensure transparency and accountability? This episode addresses the future implications of leveraging AI and the potential for AI to revolutionize legal proceedings, offering a more accessible and equitable justice system for all.
Resources
Blog post - AI in the Judicial System: Possible Uses and Ethical Considerations
Journal Paper: Utilizing AI to Improve Efficiency of the Environment and Land Court in the Kenyan Judiciary
Music:
Intro/Outro – https://pixabay.com/music/id-102694/
In this episode, Calvin Mulindwa talks about the Strategic Investment Partnership that is currently being negotiated between Kenya and the United States. This episode focuses on the digital trade particular chapter of the S.T.I.P.
Resources:
- Digital Trade and the S.T.I.P blog post - The US-Kenya FTA Insights (theuskenyaftainsights.org)
- Agreement between the United States of America, Mexico and Canada Text - Agreement between the United States of America, the United Mexican States, and Canada 7/1/20 Text | United States Trade Representative (ustr.gov)
- Digital Trade chapter of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Text - 14.-Electronic-Commerce-Chapter.pdf (mfat.govt.nz)
This episode was edited by Tevin Sudi
Music: Intro/Outro - https://pixabay.com/music/id-102694/
In this episode, Cynthia Nzuki explores copyright law and the right to research in Kenya, with a focus on text and data mining research. Gain valuable insights into Kenya's legal landscape and technology-enabled research.
Resources:
- Policy Brief - Right to Research and Copyright Law in Kenya: Text and Data Mining. https://cipit.strathmore.edu/right-to-research-and-copyright-law-in-kenya-text-and-data-mining/
- Exploring the Intersection of Copyright Law and Text and Data Mining Research in Kenya: CIPIT’s Policy Brief. https://cipit.strathmore.edu/exploring-the-intersection-of-copyright-law-and-text-and-data-mining-research-in-kenya-cipits-policy-brief/
- Celebrating World IP Day: Promoting Access to Knowledge and the Right to Research Seminar. https://cipit.strathmore.edu/celebrating-world-ip-day-promoting-access-to-knowledge-and-the-right-to-research-seminar/
- The Role of Copyright Law in Text and Data Mining Research. https://cipit.strathmore.edu/the-role-of-copyright-law-in-text-and-data-mining-research/
- CIPIT Participates in the Right to Research in Africa Conference: A Week of Debates on Copyright and Access to Knowledge. https://cipit.strathmore.edu/cipit-participates-in-the-right-to-research-in-africa-conference-a-week-of-debates-on-copyright-and-access-to-knowledge/
This episode was edited by Tevin Sudi
Music:
Intro/Outro – https://pixabay.com/music/id-102694/
In this episode, Francis Monyango and Mutua Mutuku discuss the Data Protection Act turning 3 years, the Office of the Data Protection Commissioner and the digital lenders' enforcement notice.
Resources:
1. The Data Protection Act http://kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/2019/TheDataProtectionAct__No24of2019.pdf
2. The Data Protection (General) Regulations https://www.dataguidance.com/sites/default/files/the_data_protection_regulations_2021fin._1.pdf
This episode was edited by Tevin Sudi.
Intro/Outro - https://pixabay.com/music/id-102694/
Transition music - https://pixabay.com/music/id-6575/
In this episode, Dr. Melissa Omino and Mugambi Laibuta discuss the recently published data regulations under the Data Protection Act 2019 of Kenya.
Resources:
- The Friendly Troll Podcast: https://podcasts.apple.com/ke/podcast/the-friendly-troll/id1488573883
- Ole Law Podcast https://anchor.fm/lexole/episodes/Privacy-and-Personal-Data-Protection-eh9qu6
- Mugambi Laibuta's Blog: https://www.laibuta.com/blog/
- The Data Protection (General) Regulations: https://www.dataguidance.com/sites/default/files/the_data_protection_regulations_2021fin._1.pdf
- CIPITs Data Protection Course Details: https://cipit.strathmore.edu/data-protection-course/#1595996061441-4b3a1c2b-c718
This episode was edited by Tevin Sudi
Music:
Intro/Outro - https://pixabay.com/music/id-102694/
Transition music - https://pixabay.com/music/id-6575/
Continuing the series on the US - KE FTA, this episode brings you key insights on public participation in trade agreements put into context by the recent confusion surrounding the UK - Kenya EPA. What can be learnt from this? How can effective and meaningful public participation be carried out for FTAs? This episode answers these questions by highlighting the legal framework for public participation in Kenya, what happened with the UK - Kenya EPA, and what this may mean if the US - KE FTA negotiations result in an FTA.
Joined by Joanna Kahumbu and Peace Kioko, Dr. Melissa Omino hosts this episode and leaves us with a lot to think about on what meaningful public participation should look like.
A recent decision in the US Supreme Court held that copying parts of an application program interface is a "fair use" under US Copyright Law. In this episode, Isaac Rutenberg looks at whether a similar ruling would result in a "fair dealing" framework, and the wider implications of the case.
Thanks to the International Development Research Centre (IDRC) for general support of CIPIT, which allows us to make these podcasts.
Music credits (selected for the appropriate title, given the two parties in the court case!):
Showdown by Kevin MacLeod
Link: https://incompetech.filmmusic.io/song/4352-showdown
License: https://filmmusic.io/standard-license
In this episode, Dr. Melissa Omino and Mugambi Laibuta discuss data protection aspects of the proposed US Kenya FTA from a Kenyan perspective.
Resources:
- The Friendly Troll Podcast: https://podcasts.apple.com/ke/podcast/the-friendly-troll/id1488573883
- Ole Law Podcast https://anchor.fm/lexole/episodes/Privacy-and-Personal-Data-Protection-eh9qu6
- Mugambi Laibuta's Blog: https://www.laibuta.com/blog/
- Negotiation Objectives: https://www.tralac.org/news/article/14690-proposed-kenya-united-states-fta-agreement-negotiation-principles-objectives-and-scope.html#:~:text=General%20Objectives&text=To%20increase%20the%20inflow%20of,for%20identified%20goods%20and%20services.
Music details: Fuzzball Parade by Kevin MacLeod
Link: https://incompetech.filmmusic.io/song/5044-fuzzball-parade
License: http://creativecommons.org/licenses/by/4.0/
In this third episode of the US Kenya FTA Series hosted by Dr Melissa Omino, we are joined by Dr. Isaac Rutenberg the Director of CIPIT, and Lori Wallach, Head Director and Founder of Global Trade Watch, a division of Public Citizen. (link to: https://www.citizen.org/article/lori-wallach-director-public-citizens-global-trade-watch/)
It is a great privilege to have Lori as a guest on this episode as she is a recognised expert in the field of International Trade with experience in this area for over 25 years, including testifying at Congress on NAFTA, WTO and other international trade agreements and their effects on global citizens.
This is a first part of the conversation, where Lori takes us through what her thoughts are on the proposed agreement between the US and Kenya, what questions Kenya should consider with comparison to other FTAs that the US has finalised in the last decade, and what these ongoing negotiations should consider.
Lori definitely leaves us with a lot to think about with regard to why we are going forward with the FTA as Kenya.
In continuing with our series on the US-Kenya FTA, this week’s episode grapples with some of the main areas, that may be included in the FTA, that we are pondering on in digital trade and intellectual property. The host for this episode is Dr. Melissa Omino, and the guests are Abdulmalik Adan and Joanna Kahumbu.
Agreements mentioned:
- TRIPS - https://www.wto.org/english/docs_e/legal_e/27-trips.pdf
- Japan-US FTA - https:// www.mofa.go.jp/files/000527401.pdf
Update on the US Kenya FTA materials:
- US Negotiation Objectives : https://ustr.gov/sites/default/files/Summary_of_U.S.-Kenya_Negotiating_Objectives.pdf
- Kenya Negotiation Objectives: http://www.industrialization.go.ke/index.php/kenya-usa-free-trade-area-agreement
- Information on the virtual first phase of negotiations: http://www.industrialization.go.ke/index.php/kenya-usa-free-trade-area-agreement/580-joint-statement-between-the-united-states-and-kenya-on-the-launch-of-negotiations-towards-a-free-trade-agreement
References:
- Digital Economy Blueprint, 2019 - https://ca.go.ke/the-digital-economy-blueprint/
- Draft Digital Economy Strategy, 2020 - https://ict.go.ke/wp-content/uploads/2020/08/10TH-JULY-FINAL-COPY-DIGITAL-ECONOMY-STRATEGY-DRAFT-ONE.pdf
- National ICT Policy, 2019 - https://www.ict.go.ke/wp-content/uploads/2019/12/NATIONAL-ICT-POLICY-2019.pdf
- Data Protection Act, 2019 - http://kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/2019/TheDataProtectionAct__No24of2019.pdf
- Finance Act, 2019 - http://kenyalaw.org/kl/fileadmin/pdfdownloads/AmendmentActs/2019/FinanceAct_No23of2019.PDF
- Finance Act, 2020 - http://kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/2020/TheFinanceAct_No.8of2020.pdf
- Comments submitted to USTR : https://www.regulations.gov/docketBrowser?rpp=25&so=DESC&sb=commentDueDate&po=0&D=USTR-2020-0011
- Knopt H, ‘The cost of Canadian IP Capitulation in NAFTA’, Excess Copyright, 01 October 2018, http://excesscopyright.blogspot.com/2018/10/the-cost-of-canadian-ip-capitulation-in.html?m=1
Music details: Fuzzball Parade by Kevin MacLeod
Link: https://incompetech.filmmusic.io/song/5044-fuzzball-parade
License: http://creativecommons.org/licenses/by/4.0/
Today's episode asks what the 4IR means for the Global South and what it means to take advantage of the potential for growth both in tech and intellectual property.
References:
Make me Smart podcast:
https://www.marketplace.org/shows/make-me-smart-with-kai-and-molly/will-coronavirus-make-it-easier-to-buy-a-home/
- The podcast is from 1 July 2020 and not 2 July 2020 as identified in the episode. We regret the error.
MIT apologizes, permanently pulls offline huge dataset that taught AI systems to use racist, misogynistic slurs: https://www.theregister.com/2020/07/01/mit_dataset_removed/
Music:
Toccata and Fugue in D Minor by Kevin MacLeod
Link: https://incompetech.filmmusic.io/song/4533-toccata-and-fugue-in-d-minor
License: http://creativecommons.org/licenses/by/4.0/
CIPIT would like to acknowledge and thank the International Development Research Centre (IDRC) for their continued support.
https://www.idrc.ca/en
This is the first episode in a series on the US-Kenya FTA which is currently under negotiations. In this series, we hope to look at various aspects of what might be included in the final text of the FTA including IP, Digital Rights, and Data Governance. The host for this episode is Dr. Melissa Omino, with research assistance from Joanna Kahumbu.
Agreements mentioned:
-
AGOA - https://agoa.info/about-agoa.html
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AfCFTA - https://au.int/en/ti/cfta/about
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USMCFTA -https://ustr.gov/trade-agreements/free-trade-agreements/united-states-mexico-canada-agreement/fact-sheets/strengthening
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EAC Customs Union Protocol - https://www.eac.int/documents/category/eac-customs-union-protocol
References:
- UPDATE 1-U.S. trade chief tells Congress of plans for trade deal with Kenya
https://www.reuters.com/article/usa-trade-kenya/update-1-us-trade-chief-tells-congress-of-plans-for-trade-deal-with-kenya-idUSL1N2BA2DT
- Kenya will be in breach of EAC, AfCFTA rules in proposed trade deal with US
https://www.theeastafrican.co.ke/news/ea/Kenya-US-trade-deal-sparks-dispute-with-EAC-partners/4552908-5456950-55r9wrz/index.html
- Lawyers Fight Kenya US Trade Deal
https://www.theeastafrican.co.ke/business/Lawyers-fight-Kenya-US-trade-deal/2560-5499270-2iwjkyz/index.html
- Going Solo: What is the significance of a USA -Kenya Free Trade Agreement?, Centre for strategic and international studies, Jack Caporal, 18 March 2020:
https://www.csis.org/analysis/going-solo-what-significance-us-kenya-free-trade-agreement
- What would a U.S. - Kenya Trade Deal Mean?, Council on Foreign Relations, Claire Felter, 21 February 2020:
https://www.cfr.org/in-brief/what-would-us-kenya-trade-deal-mean
Music details: Fuzzball Parade by Kevin MacLeod
Link: https://incompetech.filmmusic.io/song/5044-fuzzball-parade
License: http://creativecommons.org/licenses/by/4.0/
This week's episode is a foray into astroturfing - promoting ideas through bots intending to mislead the public - and what this means in the time of Covid -19
Links from the show
Make Me Smart - Who's organizing those anti-quarantine protests?
https://www.marketplace.org/shows/make-me-smart-with-kai-and-molly/whos-organizing-those-anti-quarantine-protests/
The Digital Forensic Research Lab - the 12 ways to spot a bot
https://medium.com/dfrlab/botspot-twelve-ways-to-spot-a-bot-aedc7d9c110c
Music by Kevin MacLeod
Nowhere Land by Kevin MacLeod
Link: https://incompetech.filmmusic.io/song/4148-nowhere-land
License: http://creativecommons.org/licenses/by/4.0/
This week's episode tackles the question of Intellectual Property Rights for Ventilators developed by a group of students in Kenya, answering the question of how their rights, if any, can be secured.
Links from the show
MIT's E-Vent program: https://e-vent.mit.edu/
Editing done on Audacity
Music credits: Prelude in C (BWV 846) by Kevin MacLeod
Link: https://incompetech.filmmusic.io/song/4237-prelude-in-c-bwv-846-
License: http://creativecommons.org/licenses/by/4.0/
For the IP Policy of Kenyatta University, see: http://www.ku.ac.ke/ipru/downloads
Note that Students are classified similarly to Employees.
Q1 of 2020 feels like a year in itself, which is why on today's episode, we give you something to look forward to. CIPIT's insights on all things tech and tech legal for 2020, what we expect, what we're looking forward to and who we're watching to make crucial moves.
Music credits: Prelude in C (BWV 846) by Kevin MacLeod
Link: https://incompetech.filmmusic.io/song/4237-prelude-in-c-bwv-846-
License: http://creativecommons.org/licenses/by/4.0/
This week's episode chronicles Competition Law (or Antitrust) as seen in the Global South. Our host and co-hosts question what that means for our major players in the digital space including Uber, Jumia and Safaricom.
This week's episode covers the tech giants dominating the global south and their role in shaping the tech market and the social sphere in the global south.
This week’s podcast looks at just how important ID is in for the Global South and what needs to be done to ensure that implementation of digital ID doesn’t fall into the traps associated with utilizing private sector actors in the implementation of State-wide digital ID systems.
The Friendly Troll is a podcast with observations of the global tech industry from the perspective of the Global South. Our trolling is meant to enlighten listeners and explore interesting topics from a new point of view. The podcast is produced by CIPIT, the Centre for Intellectual Property and Information Technology Law, at Strathmore Law School in Nairobi, Kenya.