Categories of Cybercrimes as per the CCA 2015.pdf

BIT THIRD YEAR CYBERCRIME. OTES

1. The Concept of
Cybercrimes
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2. Learning Objectives
❑The meaning of cybercrimes
❑Who commits crimes? –class activity
❑The motives for committing cybercrimes
–WHY? Class activity
❑How cybercrimes differ from traditional
crimes –Class activity
❑Categories of cybercrimes
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3. The meaning of cybercrime
❑Cybercrime refers to criminal activities carried
out using computers or the internet.
❑It is using a computer as an instrument to
further illegal ends, such as committing fraud,
trafficking in child pornography and intellectual
property, stealing identities, or violating privacy.
❑ICT is both a TARGETand a MEANSof
committing cybercrimes
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4. Elements of a crime
Actus Reus
An act or omission that creates an offence. It normally deals with the
physical and/or omission to do or abstain from doing something legal that
is expected to have been done by any reasonable person. Its elements are:
-
✓Act: This refers to the unlawful physical action being done by a person
that amounts to an offence. It may be committed when one illegally
transfers material from one computer system to another.
✓Omission:This occurs when one is doing and/or abstaining from
doing any lawful act that a reasonable man will do if put in such
circumstances. It normally occurs when one fails to do and or
undertake his responsibilities. Motive is a necessitating factor when
testing this element.
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5. Elements of a crime..cont..
Mensrea
Refers to the guilty mind when committing an offence. It is normally the intention
to commit a certain crime. Forming of conclusion and capability to commit an
offence proves that the mind intended to do such an act. Its elements are: -
✓Intention: The situation where one intends to commit a certain offence and has
formed a conclusion in doing the same and actually committing that offence.
Forming an opinion in mind to commit a certain offence and executing the
same by satisfying your mind proves that one had the intention to commit an
offence.
✓Ill will/Motiverefers to the readiness to commit a certain offence. It is known
in law that what motivates one to commit an offence is what necessitates the
mind to operate unlawfully. The evil intention to commit an offence is normally
attributed to anger in the mind, and the failure to control the same causes an
offence to be committed.
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6. Examples of cybercrimes
❑Fraudand theftare traditional
offences under the Penal Code,
Cap 16
❑They become cybercrimes when
committed using ICTs
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7. Categories of cybercrimes
❑Crimes against CIA: Data
interception[S.6(1)], data
modification/interference[S.7(1)], data
theft/illegal transmission[S.7(2)], data
espionage(S.8), network crimes[S.7(1)(g)]
❑Computer-related forgery[S.11(1)]and
fraud(S.12(1) &(2)]
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8. Categories of cybercrimes
❑Content-related offences: child
pornography(S.13), pornography (S.14),
identity-related crimes (S.15), publication
of false information (S.16), racist and
xenophobic materials (S.17), racist and
xenophobic motivated insult (S.18),
genocide and crimes against humanity
(S.19)
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9. Categories of cybercrimes
❑Other crimes: unsolicited messages (S.20), disclosure of
details of an investigation (S.21), obstruction of
investigation (S.22), cyberbullying (S.23), violation of
intellectual property rights (S.24), attempt (S.26), conspiracy
to commit an offence (S.27), critical information
infrastructure (S.29)
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10. Citing Cybercrime Act of 2015
•Consider the name of the act (Tanzanian
Cybercrime Act of 2015), section(e.g. S7) and sub-
section(SS 6 –11)
•Explain the prohibitedact/omission and
intention/ill will/motive about section/sub-section
in the discussion
•Show the penalty:
imprisonment/fines/both(imprisonment and fine)
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11. THE END
Thank you
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