ICTs Consumer ProtectionFor: Power Up with Information Technology

Eldoret 5 OCT 2005, Sirikwa HotelA Kenyan Perspective

byAlex Gakuru

Email: gakuru@mail.co.ke © 2005 Alex Gakuru, Reproduction permission must be

sought. ICT Consultant,Way Forward Technologies “..the complete ICT solution providers..”

Kenya ICT Action Network – KICTANet“..translating National ICT Policy into Action..”

Centre for Law in ICTs Administration

“..a just e-space..”

Presentation Structure• Introduction & Definitions• Sector Structure• Consumer Issues• Legal Framework• ICT in Healthcare• Conclusions• Acknowledgements• References

Who Are Consumers?• Mobile phone users• GSM companies! (their bandwidth suppliers, power..)• Fixed telephony subscribers• Internet home or office user• ISPs are consumers! (their bandwidth

suppliers,power)• The child with parents watching TV…• Rural grandparents listening to the radio• Letter or parcel recipient • etc…----------------------------------------------------------------How many organized consumer lobby groups exist?How many Trade Associations/lobby groups exist?----------------------------------------------------------------

Current Legal Framework:“Under sections 23 and 47 of the Kenya Communications Act of 1998, the Commission is required to ensure that communications services are provided throughout Kenya and that the interests of all users of these services are protected with respect to prices charged for and the quality and variety of those services among other responsibilities ”

http://www.cck.go.ke/html/cat.asp?title=Consumer+Center&contcatid=16

One Informed Consumer Acts!

Newtonian Laws of Motionhttp://csep10.phys.utk.edu/astr161/lect/history/newton3laws.html

• I. Every object in a state of uniform motion tends to remain in that state of motion unless an external force is applied to it. CCK Move Consumer Protection!

• II. The relationship between an object's mass m, its acceleration a, and the applied force F is F = ma. Acceleration and force are vectors (as indicated by their symbols being displayed in slant bold font); in this law the direction of the force vector is the same as the direction of the acceleration vector. Corporates have a lot of muscle to flex. Assemble ALL Stakeholders!

• III. For every action there is an equal and opposite reaction. When you complain you are targeted!

ISP Will Sue for QoS Complaint

http://rights.apc.org.au/news/2005/05/student_forced_to_shut_down_blog_after_libel_threat.php

APOLOGY? -> Legally an admission of wrong doing giving the ISP a good case against you in a Court.

-ISP should prove their competence through delivery of services or the alleged libel. -ISP should prove they did not tamper with the unspecified mail at their servers.

-ISP has undue advantage over their own clients and CCK has a extra duty to help the client.

-There are disputes resolution procedures. Do consumers know this? How many? Who’s role?

Definitions• ICTs - information & communication

technologies• CCK - communications commission of Kenya• ISP - internet service providers• TESPOK- telecommunication service

providers• GSM – mobile/cellular telephone networks• InfoCom – ministry of information and

communications

ICT Sector Structure• Telephony• Internet • Infrastructure• Value Add Services• Broadcasting• Radio Communication• Print media• Postal & Courier Services• Equipment (Hardware)• Software (programs)

- Discuss first two in the 15 minutes allocated for this presentation (my 2 cents: Wait for 1 Bob)

Consumer Issues p-1• Telephony

– i. Tariffs http://www.cck.go.ke/telecommunications-tariff_regulation/ (Quoting: Communications Act, 1998)

Fixed line:“...The price cap method, often denoted by the formula RPI-X%

[where RPI refers to the retail price Index or the relative prices of a basket of goods and services indexed to inflation. The Ministry of Finance and Planning calculates the Retail Price Index, while X refers to a productivity factor]. Under this regime, charges shall not be allowed to go beyond the price cap until full competition is introduced, when demand and supply forces are sufficient to regulate prices…..”

Mobile: “…In the Mobile Cellular Sector, it is expected that competitive forces will align prices accordingly but mobile operators are required to present their prices to the Commission before they can use them.”

“Mobiles co. could charge 100/= per/sec ONLY PRESENT TO CCK!”

“TELKOM must fulfil pricing formula stated” HARAMU KILL Telkom?

Consumer Issues P-2• Telephony

– ii. Tariff Changes• Fixed lines: Peak/Off Peak Hrs?• GSM Companies: Peak/Off Peak Hrs?• Exclusivist “Privileged” services marketing• Discriminatory “Pre-paid” customers profiling• Collusive Duoploly arrangements and agreements

– iii. Customer Care• Fixed lines “997” – Very good! and incident Ref No.

given• GSM Companies:“100” and “710” Impossible to Access!• Exclusivist “Privileged” services marketing• Discriminatory “Pre-paid” customers profiling• EIR system (the software that disables stolen phones)

More thieves “customer” lines?– iv. Right to Statements

• Fixed lines – Do you get statement from Telkom?• GSM Companies: Pre-paid ? – Go to Nairobi and pay

1,000+!!

•v Security - Economic & Dev issue

•Fixed lines 999 - Police, Fire, Ambulance

•GSM Companies: Why “911” Goes Private Security Comps?

•Community Policing Project – No reply from Companies

•Social Reporting and Social Investment vs CSR (% of Profits)

•Government has stated prioritisation of ICTs in improving services delivery

•G2G – Govt. to Govt.

•G2P – Govt. to Public

•G2B – Govt. to Business

E-Government Priority Area

Engaging ICTs in Crime Eradication?

Telcos never respond. Do they really care?

Consumer Issues P-3

• vi. Contractual Obligations • Fixed lines: SLA with network guarantees?• GSM Networks: SLA with network guarantees?

– Definitions of “Service” and “Delivery” sms,– Withheld Minimum balances?– Law enforcement agencies/actors ICTs

experience? – Legal proof of non-delivery of “invisible” services?– Why not “Voice” message instead of SMS?– Why free *130*07….. and not give the service?– Spam SMS “We are celebrating..send sms to 10

and win…”– Media-sms “competitions” display cost to

consumer– Physically challenged, blind, deaf… Comm. Rights?– Children/pupils lines- Restricted calling/receiving?

• The Internet (and World Wide Web) was have today was created by some very bright, talented people who either had vision, or were inspired by other talented people’s visions.

• Though their ideas were not always popular, they pressed ahead.

• Their perseverance and hard work brought us to where we are today.

• There is a lot to be learned by studying these people, their early work and keeping in mind what they had to work with.

• Today, we owe a great deal for the wired world we enjoy, to the hard work of these people.

• MY RESPECT TO THEM and ISOC – Alex Gakuru

The Internet

• http://www.isoc.org/internet/history/2002_0918_Internet_History_and_Growth.ppt, • courtesy: William F. Slater, III –President, Internet Society (ISOC) - Chicago Chapter, http://billslater.com

Famous Quote From Sir Isaac Newton

• “If I have been able to see farther thanothers, it was because I stood on the shoulders of giants.”

Consumer Issues P-4

• INTERNET• Economy Loss: Man-Hrs Slow Links? Wait……page

for loading– i. Tariffs

• CCK totally left consumer rates to market forces ISP License Application 10,000 annual fee 100,000/=

• License reduction benefits passed to consumers?• GSM Internet per Kb rates?

– ii. Universal Services and Access Obligations • Do ISP companies have any “public good” projects?

e.g. Children’s homes, prisons, etc… OR ONLY Paying customers?

• What are they doing on standards, to create awareness and to educate consumers?

• Do they collectively offer free online consumer support services?

• Any (semi)-Free Internet in Kenya?

–iii. Customer Care •Responsibility for virus, and malaware through them? •Exclusivist “Privileged” services marketing•Discriminatory “Corporate” vs Dial-up or rural cust. Profiling

–iv. Contractual Obligations •Responsibility for virus, and malaware through them? •Spam emails•End-Consumer SLAs (guarantee uptime, bandwidth, etc? 64 Kbps down/16 Kbps up Downloading is FREE! Just like “free-to-air” radio:

–Contention ratios (RFC 3449 - TCP Performance Implications of Network Path Asymmetry)

–ISP suppliers MUST have an 99.8% Uptime or be refunded what about to consumers???

•Do consumer makes informed choices? (name@theISP.com)

•Why should consumer sign 2-year contracts with GSM Comps?

•Legal redress

Consumer Issues P-5

Internet Growth Trends

• 1977: 111 hosts on Internet• 1981: 213 hosts• 1983: 562 hosts• 1984: 1,000 hosts• 1986: 5,000 hosts• 1987: 10,000 hosts• 1989: 100,000 hosts• 1992: 1,000,000 hosts• 2001: 150 – 175 million hosts• 2002: over 200 million hosts• By 2010, about 80% of the planet will be on the Internet

Growth of Internet Hosts *Sept. 1969 - Sept. 2002

0

50,000,000

100,000,000

150,000,000

200,000,000

250,000,000

Time Period

No

. of

Ho

sts

The Internet was not known as "The Internet" until January 1984, at which timethere were 1000 hosts that were all converted over to using TCP/IP.

Chart by William F. Slater, III

Sept. 1, 2002

Dot-Com Bust Begins

Copyright 2002, William F. Slater, III, Chicago, IL, USA

Domain Name RegistrationJan. ‘89 - Jul. ‘97

April 2001: 31,000,000 Domain Names!!!

Statistics from the IITF Report The Emerging Digital Economy *

• To get a market of 50 Million People Participating:• Radio took 38 years • TV took 13 years• Once it was open to the General Public, The Internet

made to the 50 million person audience mark in just 4 years!!!

• KENYA ICT Policy aspires to have 15 million connected in 5 years(2010). Currently 1 Million Kenyans are connected.

• http://unstats.un.org/unsd/mi/mi_series_results.asp?rowId=606 • http://unstats.un.org/unsd/mi/mi_series_results.asp?

rowID=608&fID=r15&cgID=

• http://www.ecommerce.gov/emerging.htm– Released on April 15, 1998

* Delivered to the President and the U.S. Public on April 15, 1998 by Bill Daley, Secretary of Commerce and Chairman of the Information Infrastructure Task Force

ICTs in Healthcare• Ambulances called through 999,911 etc• Fast, Precise Patient Medical Data to save lives• Contribute to fraud elimination• Telemedicine• Broadcasts – Outbreaks – Preventive vs. Curative health• DNA profiles data warehousing (Miracle babies?,Dental..• EMR-Electronic Medical Records

– Legal Requirement to retain paper record for 7 years– Secure ICTs infrastructure for Data Confidentiality– Data entry operators–handle patient data?– Data Misuse? (e.g. HIV discrimination?)– Medical Institutions health data sharing? – Best Practice -> CCK legally responsible for ICT Standards

Conclusions– Expand CCK capacity to proactively protect consumers– CCK must appends a “CP” Annex to all licenses issued – ICT Infrastructure providers publicly show National plans– Encourage sustainable connectivity businesses models– Local Govts insist on “Internet Compliant” buildings– License 2 more cellular providers– Review The Communications Act 1998– KICTANet developing comprehensive CP strategy– Collaborate with InfoCom on CP Bill (ICT Component)– ICT Products & Service Providers:“Constructive

Engagement”– An Effective consumer focused Media Watch Institute– Urgently Increase National bandwidth intake– Observe ICT Intellectual Property Rights– …… Watch this Space!!- KICTANet Project … upcoming

Acknowledgements• The Internet Society (ISOC) http://www.isoc.org• Communications Commission of Kenya http://www.cck.go.ke• Information and Communications http://www.informations.go.ke• Directorate of e-Government http://www.officeofthepresident.go.ke

• Kenya ICT Action Network members e-list postings• Marcel Werner• William F. Slater, III, President-Chicago Chapter of the

Internet Society slater@billslater.com http://billslater.com • Alex Corenthin, President – ISOC Senegal• Maye Diop, Vice-President – ISOC Senegal• Alan Levin, Chairman – ISOC South Africa• Michiel Leenaars, Director, ISOC Netherlands• Association for Progressive Communications

http://www.apc.org

References• Kenya Communications Act 1998 (2006

revision>InfoCom ?) • Kenya ICT Policy ( done)• Kenya Consumer Protection Bill (2005?) (

upcoming)• InfoCom http://www.information.go.ke• Communications Commission of Kenya

http://www.cck.go.ke• Agence De l’Informatique del’Etat

lhttp://www.adie.sn/article.php3?id_article=124 • Internet Engineering Task Force http://www.ietf.org

References

• US Communications Act 1996 (2006 revision upcoming)

• German Telecommunications Act• Malaysia Telecommunications Act• Contention Ratios

– RFC 3449 - TCP Performance Implications of Network Path Asymmetry

– http://www.faqs.org/rfcs/rfc3449.html– RFC1918Sample SLA

http://www.bulldogbroadband.com/about_us/doc/Bulldog-L2TP-Interconnect-Specification.doc

The Buck Stops Here- Expand Area