0% found this document useful (0 votes)
272 views17 pages

Research Cyber Crimes

This document provides a research proposal on examining the legal and technical constraints affecting the implementation of cybercrime legislation in Tanzania. The study aims to analyze the current Cybercrimes Act of 2015 to identify any gaps and propose solutions to barriers. It recognizes that while Tanzania has developed its cybercrime laws, successful enforcement requires a comprehensive approach as the legal system, law enforcement, and judiciary have limitations in their capacity to deal with cybercrimes. The research will assess these constraints and make recommendations to enhance Tanzania's ability to investigate cybercrimes and integrate further into the digital society.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
272 views17 pages

Research Cyber Crimes

This document provides a research proposal on examining the legal and technical constraints affecting the implementation of cybercrime legislation in Tanzania. The study aims to analyze the current Cybercrimes Act of 2015 to identify any gaps and propose solutions to barriers. It recognizes that while Tanzania has developed its cybercrime laws, successful enforcement requires a comprehensive approach as the legal system, law enforcement, and judiciary have limitations in their capacity to deal with cybercrimes. The research will assess these constraints and make recommendations to enhance Tanzania's ability to investigate cybercrimes and integrate further into the digital society.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 17

MZUMBE UNIVERSITY

FACULTY OF LAW

RESEARCH PROPOSAL

ON

LEGAL AND TECHNICAL CONSTRAINTS AFFECTING


IMPLEMENTATION OF CYBER-CRIMES LEGISLATION IN
TANZANIA

RESEARCHER: KEMMY REHEMA R

REG. NO.: 1101525/T.14

SUPERVISOR: DR. UBENA JOHN

NOVEMBER, 2016

A RESEARCH PROPOSAL SUBMITTED FOR THE APPROVAL TO


CARRY OUT RESEARCH IN PARTIAL FULFILLMENT OF THE
REQUIREMENTS FOR THE AWARD OF THE DEGREE OF LAW
(LLB) OF THE MZUMBE UNIVERSITY OF TANZANIA
TABLE OF CONTENTS

1.0 INTRODUCTION................................................................................................

1.1 BACKDROUND..................................................................................................

1.2 STATEMENT OF THE PROBLEM...................................................................

1.3 Literature Review.................................................................................................

1.4 Justification of the Study......................................................................................

1.5 Scope of the Study...............................................................................................

1.6 OBJECTIVE OF THE STUDY...........................................................................

1.6. I General Objective.............................................................................................

1.6.2 Specific Objective.............................................................................................

1.7 SIGNIFICANCE OF THE STUDY.....................................................................

1.8 Limitation of the Study........................................................................................

1.9 Research Question................................................................................................

1.10 Research Methodology......................................................................................

1.10.1 Population and Sampling Design....................................................................

1.10.2 DATA COLLECTION METHODS...............................................................

1.10.3Data Collection Instruments ............................................................................

1.10.4 Data Processing and Analysis.........................................................................

1.11 Chapter Scheme.................................................................................................


1.0 INTRODUCTION
Information and communication technologies (ICTs) are omnipresent and the trend of
digitalization is growing especially in Tanzania. The services offered to individual and
community manually are disappearing in favor of online services with the use of computer and
internet technology1. E-Learning, E-Commerce, E-Business, E-Banking and now E-Government
have changed the traditional modes of business into virtual world that is face to face without
being face to face2. Innovation, differentiation in cost and growth, alliance, mergers are the
present day features of the organizations, has been possible because of the digital revolution3.

However, attacks against information infrastructure and internet services now have the potential
to harm the society in new and critical ways 4.Offences like, online fraud, dissemination of child
pornography and hacking attacks are just some examples of computer related crime that are
committed on a large scale every day 5.The financial damage caused by cyber-crime is enormous.
In 2003 alone, malicious software caused damages up to 17 million USD. By some estimates,
revenue from cyber-crime exceeded 17 billion USD in 2007, outstripping the illegal trade in
drugs for the first time. These estimates clearly demonstrate the importance of protecting
information infrastructure. The risk associated with weak protection measures could in fact affect
Tanzania more intensely, due to the less strict safeguard and protection.
On such a basis, the new forms of cybercrimes present new challenges to lawmakers, law
enforcement agencies and international institutions.6Hence, this necessitates the existence of an
effective mechanism, Cyber Law in particular, that monitor the growing threat of cyber-crimes in
Tanzania. Given the fact that Cyber Law in Tanzania is in its infancy stage, there is a need to
improve it into line with the demand of the day from the outset. Computers and the internet have
1
Scandinavian Studies in Law. Vol. 56 Information and Communication Legal Issues. Edited by Peter Wahlgren 2010
2
Kundi, GM. (2010). E-Business in Pakistan: Opportunities and Threats, Lap-Lambert Academic Publishing, Germany.
3
Kundi, G.M., Bartoli, A., & Baile. S. (2012).E-local government: Implementation barriers in Pakistan, Lap-Lambert Academic
Publishing, German
4
M. Gercke
5
Adam J Mambi ,‘‘ICT Law Book, A Source Book for Information &Communication Technologies and Cyber Law’’ 1 stEdn,

MkukinaNyota, DSM, 2010

6
Madhava S.S.P., &Umarhathab, S. (Eds.), (2011). Information Technology Act and cyber terrorism: Acritical review. Cyber
Crime and Digital Disorder, Tirunelveli, India: Publications Division, Manonmaniam
made the criminal a better criminal, and while the again is catching up, police do not have nearly
enough resources and expertise to catch crooks to any meaningful extent7.
The study at hand shall endeavors to provide for a rigorous examination on legal and technical
constraints affecting implementation of cybercrimes legislation in Tanzania, and therefore, shall
provide for a thorough analysis of the current Cybercrimes Act, 2015, so as to identify any
possible gaps, and propose any measure viable for addressing those barriers.

1.1 BACKGROUND OF THE PROBLEM

The discovery of computer and information technology has increased the tremendous
development and so many technological changes to the extent that it has affected every area of
mankind. Nevertheless, many governments and societies fear the negative impact information
and communication technologies (ICTs) can have on their own citizens because of the potential
dangers it carries, and because of the economic, social, and security challenges it poses.
Consequently, special attention is needed to prevent cyberspace from turning into a source of
danger for states and citizens, and to prevent the appearance of a cyber-crime haven. Many
governments have already adopted particular regulations and legislations as an answer to the
need of ensuring the adoption of security measures. The main issue today is whether the current
legal regime and available technical skills answer the contemporary complications in the cyber-
crime arena in Tanzania.

1.2 STATEMENT OF THE PROBLEM

Since 1990s Tanzania has embarked on the use of computers and internet communications in her
daily life8. However, the growth of the information society is accompanied by new and serious
threats. The legal profession has not escaped this technological advancement with its probable
threats. Thus the adoption of the appropriate legislation against the misuse of Information and
Communication Technologies for criminal or other purposes, including activities intended to
affect the integrity of national critical information infrastructure has been a dream of Tanzania
legal system for so long and that is central to the enactment of current Cyber-Crimes Act, 2015

7
Op. cit
8
B. mkandya, Admissibillity of Electronic Evidence. 2011
to achieving goal of cyber-security. But successful implementation of existing strategies requires
a comprehensive approach9.

The cyber law, in any country of the World, cannot be effective unless the concerned legal
system has three essential pre requisites, that is, a sound cyber law regime, sound enforcement
machinery10 and a sound judicial system. First and foremost, the cybercrimes Act, 2015 is
deficient in certain aspects, though that was bound to happen. In addition, a law might have been
properly enacted and may be theoretically effective too but it is useless unless enforced in its true
letter and spirit. The law enforcement machinery in Tanzania is not well equipped to deal with
cyber law offences and contraventions11. Lastly, the fact is that cyber law is in its infancy stage in
Tanzania hence not much Judges and Lawyers are aware of it. The need of the hour is to
appreciate the difference between mere “computerization” and “cyber law literacy”. This
situation certainly   hinders the implementation of cyber-crimes legislation in a consistent way.

The study shall embarks on examining whether the current cyber law regime is effective and
efficient enough for controlling the growing threat of cyber-crimes in Tanzania, and therefore
shall, assess the barriers and constraints (legal and technical) affecting implementation of cyber-
crimes legislation and propose the optimal solutions that might be adopted depend on the
resources and capabilities of Tanzania.

The proposal that will be made by this study once affected will provides tremendous
opportunities for enhancing Tanzanian development as more Information and Communication
Technology (ICTs) companies will be encouraged to invest in Tanzania, as well as achieving
better integration in the information society.

1.3 Literature Review

Alkaabi, Ali Obaid, in his thesis titled, Combating Computer Crime: An International

Perspective, examined the approaches used for combating computer crime in Australia, UAE,
UK and USA. These four countries represent a spectrum of economic development and culture.
9
M. Gercke
10
Grabosky, P.N., & Smith, R.G. (1998).Crime in the digital Age: Controlling telecommunications and cyberspace illegalities,
Federation Press, Sydney/Transaction publishers, New Brunswick.
11
http://www.academia.edu/3471542/
the_introduction_to_cybercrime_security_prevention_and_detection_of_cybercrime_in_tanzania, mm
He argues that, the global nature of the Internet has resulted enormously increased opportunities
for the cyber criminals. Computer Crime or Cybercrime is increasingly becoming one of the
main threats to the wellbeing of the nations of the world. Therefore, it clear that there is crucial
need for common understanding of such criminal activity internationally to deal with it
effectively.

The author continued stressing that, it is very important to explore and understand the problem in
detail and to identify obstacles to international cooperation in combating computer crime. It is
also important to identify and adopt best approaches for combating computer crime. He conclude
that, it is required to continue researching into the extent to which legislation, international
initiatives, policy and procedures, and technology combat and investigate computer crime
globally and improvement needed in this regard12.

Although, the Author looks on approaches to combat computer and cybercrime in developed
Countries, one possibility is that anti-cybercrime strategies developed in industrialised countries
could be introduced in developing countries, offering advantages of reduced cost and time for
development. The implementation of existing strategies could enable developing countries to
benefit from existing insights and experience.

Nevertheless, the implementation of an existing anti-cybercrime strategy poses a number of


difficulties. Although similar challenges confront both developing and developed countries, the
optimal solutions that might be adopted depend on the resources and capabilities of each country.
Industrialised countries may be able to promote cyber security in different and more flexible
ways, for example, by focusing on more cost-intensive technical protection issues.

There are several other issues that need to be taken into account by developing countries
adopting existing ant cybercrime strategies:

• Compatibility of respective legal systems;

• Status of supporting initiatives (e.g. education of the society);

• Extent of self-protection measures in place; and

12
Alkaab, Ali, Combating Computer Crime: An international and Perspective, Oct 2010, Queensland University of
Technology(http://eprints.qut.edu.au/43400/1/Ali_Alkaabi_Thesis.pdf (accessed 19th July 2016).
• Extent of private sector support (e.g., through Public Private Partnerships), among other issues.

Therefore, this study shall embarks on examining to what extent does the current cyber law
regime is effective and efficient enough for controlling the growing threat of cyber-crimes in
Tanzania, and therefore shall, assess the barriers and constraints (legal and technical) affecting
implementation of cyber-crimes legislation and propose the optimal solutions that might be
adopted depend on the resources and capabilities of Tanzania.

Ozeren Suleyman in his study Global response to cyber terrorism and cybercrime: A
matrix for International cooperation and vulnerability assessment13; he described that Cyber
terrorism and cybercrime present new challenges for law enforcement and policy makers. Due to
its transnational nature, a real and sound response to such threat requires international
cooperation involving participation of all concerned parties in the international community.
However, vulnerability emerges from increased reliance on technology, lack of legal measures
and lack of cooperation at the national and international level represents real obstacle toward
effective response to these threats. Terrorist and cyber criminals will exploit vulnerabilities,
including technical, legal, political and cultural. Orezen study, identified variables that
constructed the scale based on the expert opinion. Also, the study presented typology of cyber
terrorism, which involves three general classification of cyber terrorism Disruptive and
destructive information attacks, facilitation of technology to support ideology and
communication, fund raising, recruitment.

Offenders use ICTs in various ways in the preparation and execution of their offences. Law
enforcement agencies need adequate instruments to investigate potential criminal acts. Some
instruments (such as data retention) could interfere with the rights of innocent Internet users. If
the severity of the criminal offenceout of proportion with the intensity of interference, the use of
investigative instruments could be unjustified or unlawful. As a result, some instruments that
could improve investigation have not yet been introduced in a number of countries.

The introduction of investigative instruments is always the result of a trade-off between the
advantages for law enforcement agencies and interference with the rights of innocent Internet
users. It is essential to monitor ongoing criminal activities to evaluate whether threat levels
13
Ozeren, Suleyman, Global response to cyber terrorism and cybercrime: A matrix for International cooperation and vulnerability
assessment,digital.library.unt.edu/ark:/67531/metadc4847/m2/.../dissertation.pdf (accesses 28th June 2016).
change. Often, the introduction of new instruments has been justified on the basis of the “fight
against terrorism”, but this is more of an far-reaching motivation, rather than a specific
justification per se.

This study shall, identify some important issues that continue to create problems for law
enforcement agencies in Tanzania such as insufficient resources, coping internationally with
computer crime legislation that differs between countries, having comprehensive documented
procedures and guidelines for combating computer crime, and reporting and recording of
computer crime offences as distinct from other forms of crime

According to Nyamaka Daudi in his study, Electronic contract in Tanzania: An appraisal of


the legal framework14; he argues that firstly, the globe ecommerce transactions are increasing
annually and unless a country (like Tanzania whose legal environment is behind the forces of
technology) creates a requisite enabling legal environment in time it will miss the opportunities
which electronic commerce avails to participants in the globe market. Secondly, since internet
has become a channel of doing business belated legal responses will create uncertainty and
expose participants to unnecessary risks. It is vital for the existing legal environment to respond
positively to the needs of technology. It is predicted that countries that do not take time now to
create appropriate infrastructures including legal environments, that supports internet will find
their economies plummeting in a matter of years. He further recommends that Parliament and
executive agencies with power to enact laws and rules should be able to effect the changes in
time because definite articulation of a legal position through a written code is a more preferable
approach.

Mollel, Andrew L. & Lukumay, Zakayo N, in study of Electronic Transactions and The
Law of Evidence in Tanzania15; it was found that, as ICT development necessitated changes in
the way business transactions are currently conducted, the main challenge posed by these
developments, in turn, is the necessity of parallel changes in both national and international legal
framework to accommodate the changes. For the legislative process, two approaches are
recommended. The first is to enact a comprehensive piece of legislation on ICT and electronic
evidence to provide for admissibility of electronic records and documents as well as electronic
14
Nyamaka, Daudi, Electronic Contracts in Tanzania: An Appraisal of the Legal Framework,2011,SAUT, Tanzania
15
Mollel, Andrew L. &Lukumay, Zakayo N., Electronic Transactions and The Law of Evidence in Tanzania, 2007, IUC,
Tanzania.
signatures. It is proposed in this study that there should also be a specific statute to govern
electronic signatures. This is because this area is very wide, and it needs special attention.

The second approach is judicial response. It is recommended that judges should continue to play
a pivotal role in extending the existing principles governing paper-based documents and
authentication to cover documents and signatures in electronic form. It is recommended that the
judges should categorically hold that evidence in a computer hard disk flash disk; compact disk
or floppy disk is relevant and admissible to prove or disprove a fact in issue in legal proceedings.

The two studies above from Nyamaka’s and with research of Mollel and Zakayo is 100 percent
represent the situation of Tanzania. This study shall assess the extent of the current legal
strategies done by Tanzania government In trying to make the cyberspace free from crimes.

Mambi A. J.16, in his book titled ICT Law Book,A Source Book for Information Technology
&Communication Technologies and Cyber Law, he argues that, Tanzania, like other countries
in the world, is likely to face the same e-challenges in combating cyber-crimes and other related
e-crimes, stressing that there are technical and legal challenges that are posed by the
development of digital technology and Internet. The author in his book deals with an issue that
addresses the dangers brought by ICTs that are imperative to be addressed in depth if the country
wants to keep abreast with the new technologies. Chapter six of the book, for example, gives a
brief overview of cyber-crimes and electronic evidence critically highlighting court cases
involving cyber-crime – defined as crimes committed using computer technologies or using
information technology such as hacking, spoofing attacks, defacement attacks, data theft and
payment fraud. He briefly cites the most common cyber-crimes including online financial frauds,
credit cards frauds, software and data theft, cyber-stalking, publications of obscene materials,
cyber pornography software piracy and hacking. At the same time, he says, the development of
digital technology has exposed many more children to obscene materials online such as
pornography. The author warns that Tanzania, like other countries in the world, is likely to face
the same e-challenges in combating cyber-crimes and other related e-crimes, stressing that there
are technical and legal challenges that are posed by the development of digital technology and
16
Adam J Mambi ,‘‘ICT Law Book, A Source Book for Information &Communication Technologies and Cyber Law’’ 1 stEdn,
Mkuki na Nyota, DSM, 2010
Internet.The author has written extensively on cyber regulation, but unfortunately this was done
before the enactment of the current cyber-crimes Act, 2015.

Therefore, it is the role of this work to examine legal and technical constraints affecting the
implementation of cyber-crimes legislation in Tanzania extensively and to offer the optimal
solutions that might be adopted depend on the resources and capabilities of Tanzania to
strengthen existing and to propose new national legal responses to cybercrimes.

According to Rob Wainwright, Director of Europol, Criminal Investigations of Cyber-Crimes,


identifying and tracking the origin of crime is not only complex but sometime impossible due to
its borderless nature, which is one of the great challenges for the developing world, who are
already technology deficient17. Likewise, several experts wonder that the cyber-attacks and
cyber-crimes are lucrative venture. In the cyber-world, the hackers commit organized crime by
selling confidential stolen intelligence. According to a research, criminals are trading bank
account information for US$10–125, credit card data for up to US$30 per card, and email
account data for up to US$12.8518. The acquired data is often used for illegal online purchases
and exchange of other monetary transactions. Thus, un-traceability of the origin of these
transactions is a great challenge to governmental agencies.

To implement the cyber security measure, sufficient number of skilled manpower is required,
while, the second issue in developing countries is the scarcity of the skilled cyber-crime fighters,
as most of the developing countries are facing with the shortage of skilled people to counter
cyber-attacks. According to19, the Head of Interpol, “an effective cyber-attack does not require an
army; it needs just one individual. However, there is a severe shortage of skills and expertise to
fight this type of crime; not only at Interpol, but in law enforcement everywhere” 20. Lack of
eForensic skills and expertise is another core issue remains unsolved over a long period besides
widespread use of pirated software to prevent cyber-crime. Due to frequent use of pirated

17

18
Ghauri, I. (2014). Electronic Crimes Act: Cybercrime to be made non-cognisable offence, The Express Tribune with the
International New York Times, [Online] available at:
http://tribune.com.pk/story/672721/electronic-crimes-act-cybercrime-to-be-made-non-cognisable-offence/ (May 17, 2016).
19

20
Grabosky, P.N., & Smith, R.G. (1998).Crime in the digital Age: Controlling telecommunications and cyberspace illegalities,

Federation Press, Sydney/Transaction publishers, New Brunswick.


software, which is more prone to attacks by viruses, malware and Trojans, the control of cyber-
crimes becomes more challenging and difficult. Experts believe that the rapid growth of
consumer PC markets in developing countries, like India, Brazil, China, Malaysia and Pakistan
have been contributing more to the rising piracy rates. China has spent US$19 on pirated
software in 2009, whereas, India stands nearly at US$ 2billion on the unlicensed software market
value. Similarly, ensuring cyber security is a major challenge for Gulf Cooperation Council
(GCC) countries, where 50% of software is pirated, moreover, about 70% software installed by
users are pirated.

1.4 Justification of the Study

Combating and investigating computer crimes successfully are complex tasks that rely upon
adopting best practices in legislation and technology. Given the serious nature of cybercrimes
and its global nature and its implications, it is clear that there is crucial need for a sound Cyber
Law to deal with it effectively. Therefore, research into what extent does the current cyber law
regime is effective and efficient enough for addressing the growing threat of cyber-crimes in our
country is naturally of enormous importance, given the fact that Cyber Law in Tanzania is in its
infancy stage. More importantly, the study shall reveal legal and technical barriers affecting the
implementation of cybercrimes legislation and thereof recommends measures viable for
addressing those constraints.

1.5 Scope of the Study

The collection of data will mainly involve those from covering duration after the enactment of
Cyber-crimes Act, 2015 in Tanzania.

In geographical terms, the research will be carried out in Dodoma, Tanzania, the town in which
many population and business transactions are highly conducted. The institutions that will be
involved in the study include, Resident Magistrate Court, Dodoma, High court of Tanzania,
Dodoma, Police Headquarter and Dodoma Central Police Station.

1.6 OBJECTIVES OF THE STUDY

The study at hand seeks to attain the following objectives:-


1.6.1 General Objectives

The overall objective of this study is to examine the barriers and constraints (legal and technical)
affecting implementation of cyber-crimes legislation and propose the optimal solutions that
might be adopted depend on the resources and capabilities of Tanzania.

1.6.2 Specific Objectives

a) To review and analyze the current cyber-crimes legislation in Tanzania and the practice
thereof.
b) To identify some important issues that continues to create problems for law enforcement
agencies as distinct from other forms of crime.
c) To offer the optimal solutions that might be adopted depend on the resources and
capabilities of Tanzania to strengthen existing and to propose new national legal
responses to cybercrimes.
1.7 SIGNIFICANCE OF THE STUDY

Specifically the study is significant in the following aspects:

1) The study will adds and enriches the existing body of knowledge on the question of
cyber-crimes legislation in Tanzania
2) The findings of the study shall benefits people like lawyers, researchers and courts. This
is mainly so, because combating and investigating computer crimes are complex tasks
that rely upon adopting best practices in legislations, policy and procedures and
technology and resources. Therefore, given the serious nature of cybercrimes and its
global nature and implications, this research is naturally of enormous importance.
3) There is a dire need to strengthen existing and to propose new national legal responses to
cybercrime in our country; researching in this area becomes imperative. This is motivated
by the fact that the internet has enhanced the transfer of information and how the world
communicates. Nowadays, many services are available over the internet, such as, internet
banking, shopping, voice over internet protocol (VoIP) telephony, auction, gambling and
many other services that are increase in both number and size. In turn, this provides an
opportunity for the widespread growth of cybercrimes through internet. Therefore,
lagging behind of the law cannot be used as a scapegoat.
4) This study is important in making a critical review to examine the barriers and constraints
(legal and technical) affecting cyber-crimes legislation to combat and investigate cyber-
crimes. It will help chart out the way forward pertinent to the sound cyber law regime and
sound law enforcement machinery in relation to technological advancement. This study
will help the legal fraternity to push, lobby and advocate for a comprehensive legislation
on cyber space to bring about change to the current cyber law regime that seem to be
insufficient. Once the proposals advanced in this study are taken seriously, they shall
bring about changes in the legal regime pertinent to cybercrimes hence justice shall be
done to those who deserve it.
1.8 Limitation of the Study

Despite the fact that this study shall come up with the intended results, there are a number of
problems that the researcher is likely to encounter while carrying on this study. Given the fact
that Cyber Law in Tanzania is in the infancy stage, there are few registered cases and very few
researches conducted under this area, thus inadequacy of such important information is likely to
be a real obstacle.

Furthermore, financial insufficiency is as well a hindrance. Given the fact that the funds are
limited, it is cumbersome for the researcher to, for example travel within Dodoma city for data
collection and meet other costs such as stationeries and printing facilities. Last but not least,
power breakdown in the country is another great hindrance to the researcher from researching
comfortably.

However, sacrifice and commitment to this study, time keeping and good financial arrangement
and management will enable the researcher to go ahead and to make this study successful.

1.9 Research Question

The overall research question to this study is:

Given the fact that Cybercrimes Legislation is in its infancy stage in our country, and taking into
account the legal and technical constraints affecting its implementation, is there a sufficient
understanding of it and a sufficiently consistent approach for dealing with those barriers?

Arising from above, the following specific research questions have been formulated:
1) To what extent does the current cyber law regime is effective and efficient enough for
addressing the growing threat of cyber-crimes in Tanzania and what improvements are
needed in this regard?
2) What are the barriers and constraints (legal and technical) affecting the implementation of
cyber-crimes legislation in Tanzania?
3) What are the possible solutions that might be adopted depend on the resources and
capabilities of Tanzania to strengthen existing legal responses to cybercrimes?
1.10 Research Methodology

This study is qualitative type of research as it tries to look on the legal and technical constraints
affecting the implementation of cyber-crimes legislation in Tanzania. Thus, the study shall
provide for a thorough analysis of The Cyber-crimes Act, 2015, so as to identify any possible
gaps, and propose any measure viable for addressing those barriers.

1.10.1 Population and Sampling Design

a) Population
The population under this study will involve officials from Court of Law, Advocates and
legal officers and police (cybercrimes department).
b) Sampling Design
The entire sample population under this study will involve officials from Court of Law,
Advocates and legal officers.

1.10.2 DATA COLLECTION METHODS

For the purpose of this study, collection of data will includes both primary and secondary data.
Primary Data; This method will include key information interview, observation and focus group
discussion (FGD). To attain this purpose the researcher will use, interview with officials in the
legal fraternity, official namely Advocates and Court officers (magistrates) and law reformers to
help the researcher to get direct and easy accessed information. In this method the researcher
will, where necessary, use signs to get information even from those who are dumb or deaf. The
interview is expected to be unstructured to allow convenience of the researcher in accessing data.
Again the focus group discussion will help the researcher to interact with the main stakeholders
and help to grasp the real challenges affecting the implementation of cybercrimes legislation in
Tanzania.

Secondary Data; This method will involve collecting data through literature material from both
traditional library and from electronic means, where the researcher will collect data through
published and unpublished resource materials which cover the area of cybercrimes both in
Tanzania and worldwide such as books, published reports, and websites. This method will
enabled the researcher to get more knowledge on the problem to be researched and also to know
what has been addressed by other researchers that should not repeat the same thing.

1.10.3 Data Collection Instruments

The research instruments that will be used in the study are the various legal documents,
Cybercrimes Act, 2015; in particular, the reason is it is the main focus of the study. And will
include structured and unstructured interview. Interview will be conducted to representative from
the selected institutions mentioned above and stakeholders.

1.10.4 Data Processing and Analysis

After data collection, data processing will be carried out a process that will involve coding and
tiding so as to detect errors and omissions, classification and tabulation of the data that will be
collected according to the nature and characteristics of data. After data processing, they will be
presented through charts and statistical tables ready for analysis. Data analysis will take place
after data processing whereas data will have to be analyzed in order to relate their relationships
or differences, to determine the results that will be obtained to establish the conclusion there
after.

1.11 Chapter Scheme

This proposal has been an overview of the research that will be conducted in this study and
research objectives and questions upon which it is focused. The observations enumerated herein
above are intended seriously to influence changes to the existing cyber law regime in the cyber
law regime in the country and as a catalyst to the members of legal fraternity to spearhead those
changes.
References

Adam J Mambi ,‘‘ICT Law Book, A Source Book for Information &Communication
Technologies and Cyber Law’’ 1stEdn, MkukinaNyota, DSM, 2010

Alkaab, Ali, Combating Computer Crime: An international and Perspective, Oct 2010,
Queensland University of Technology(http://eprints.qut.edu.au/43400/1/Ali_Alkaabi_Thesis.pdf
(accessed 19th July 2016).
Ghauri, I. (2014). Electronic Crimes Act: Cybercrime to be made non-cognisable offence, The
Express Tribune with the International New York Times, [Online] available at:
Grabosky, P.N., & Smith, R.G. (1998).Crime in the digital Age: Controlling telecommunications
and cyberspace illegalities, Federation Press, Sydney/Transaction publishers, New Brunswick.
Grabosky, P.N., Smith, R.G., & Dempsey, G. (2001).Electronic theft: Unlawful acquisition in
cyberspace, Cambridge University Press, Cambridge.
http://www.academia.edu/945156/
Information_Technology_Act_and_Cyber_Terrorism_A_Critical_Review, (July 18, 2016).mm
Herhalt, J. (2011). Cyber-crime-A growing challenge for governments, KPMG Issues Monitor, 8:
1-24, [Online} available at:
https://www.kpmg.com/Global/en/IssuesAndInsights/ArticlesPublications/Documents/cyber-
crime.pdf
Kundi, G.M., Bartoli, A., & Baile. S. (2012).E-local government: Implementation barriers in
Pakistan, Lap-Lambert Academic Publishing, Germany.
Kundi, G.M., Shah, B., & Nawaz, A. (2008). Digital Pakistan: Opportunities and challenges,
JISTEM,Revista de Gestao da Technologia e Sistemas de Informacao Journal of Information
Systems andTechnology Management, Sao Polo, Brazil, 5(2): 365-390, [Online] available at:
http://www.revistasusp.sibi.usp.br/pdf/jistem/v5n2/10.pdf
Kundi, GM. (2010). E-Business in Pakistan: Opportunities and Threats, Lap-Lambert Academic
Publishing, Germany.
Lehman, D. (2000). Feds ID hacker who stole 485,000 credit-card numbers, InfoWorld Daily
News,InfoWorld Media Group.
Mollel, Andrew L. &Lukumay, Zakayo N., Electronic Transactions and The Law of Evidence in
Tanzania, 2007, IUC, Tanzania.
Nyamaka, Daudi, Electronic Contracts in Tanzania: An Appraisal of the Legal
Framework,2011,SAUT, Tanzania
Madhava S.S.P., &Umarhathab, S. (Eds.), (2011). Information Technology Act and cyber
terrorism: Acritical review. Cyber Crime and Digital Disorder, Tirunelveli, India: Publications
Division, Manonmaniam Sundaranar University.
Magalla, A. (2013). Security, prevention and detection of cyber-crimes in Tanzania, Doctoral
Thesis, Tumaini University Iringa University College, [Online] available at:
http://www.academia.edu/3471542/the_introduction_to_cybercrime_security_prevention_and_d
etection_of_cybercrime_in_tanzania, mm
Parker, D. (1998).Fighting Computer Crime: For Protecting Information, John Wiley, USA

You might also like