Episodes
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In this episode, Dr. Melissa Omino is joined by Dr. Desmond Oriakhogba, an Associate Professor at The University of the Western Cape. Dr. Oriakhogba is an expert in Intellectual Property and Competition Law. Dr. Omino and Dr. Oriakhogba have an in-depth discussion on Dr. Oriakhogba’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
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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/ -
Episodes manquant?
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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 KenyaData Protection Act of 2019.Kenyan Court Decision: Wangechi Waweru Mwende v Tecno Mobile Limited [2020]Image Rights - Release Form Information Pack
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.
Resources
1. 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 Trade and 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.
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)
Resources:
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: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-c718This 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
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