The Friendly Troll

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: 1. The Friendly Troll Podcast: https://podcasts.apple.com/ke/podcast/the-friendly-troll/id1488573883 2. Ole Law Podcast https://anchor.fm/lexole/episodes/Privacy-and-Personal-Data-Protection-eh9qu6 3. Mugambi Laibuta's Blog: https://www.laibuta.com/blog/ 4. The Data Protection (General) Regulations: https://www.dataguidance.com/sites/default/files/the_data_protection_regulations_2021fin._1.pdf 5. 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: 1. The Friendly Troll Podcast: https://podcasts.apple.com/ke/podcast/the-friendly-troll/id1488573883 2. Ole Law Podcast https://anchor.fm/lexole/episodes/Privacy-and-Personal-Data-Protection-eh9qu6 3. Mugambi Laibuta's Blog: https://www.laibuta.com/blog/ 4. 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 2018Music 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: 1. AGOA - https://agoa.info/about-agoa.html 2. AfCFTA - https://au.int/en/ti/cfta/about 3. USMCFTA -https://ustr.gov/trade-agreements/free-trade-agreements/united-states-mexico-canada-agreement/fact-sheets/strengthening 4. EAC Customs Union Protocol - https://www.eac.int/documents/category/eac-customs-union-protocol References: 1. 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 2. 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 3. Lawyers Fight Kenya US Trade Deal https://www.theeastafrican.co.ke/business/Lawyers-fight-Kenya-US-trade-deal/2560-5499270-2iwjkyz/index.html 4. 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 5. 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.