This article is written by Nishka Kamath. It is divided into two major portions, namely- all the details one must be aware of while using the dark web and the legality of using the dark web. In order to further enhance the knowledge of the readers, an attempt has been made to discuss the usage and legitimacy of the dark web on a global level. Additionally, some FAQs on the legitimacy of the dark web are also added at the very end of this article. Whether you are a law student, a lawyer or simply a curious explorer or concerned citizen, this article is a one-stop guide to understanding one of the most intriguing facets of the modern side of the internet.

Introduction

In a world where every action, every activity, and digital footprint is constantly tracked, and privacy,  at times, seems like a relic of the past, the dark web emerges as a mysterious and often misunderstood realm of the internet. Shrouded and encircled in secrecy and privacy, it is a destination where information is freely available, away from the prying eyes of the surface web, mainstream search engines, and government intervention. However, you may wonder, what exactly is the dark web? Is it a hidden haven for individuals to carry out illegitimate activities, or is it merely a misunderstood part of the internet that has built a bad reputation for itself?

In this extensive article, an attempt has been made to dive deep into the nitty gritty of an intriguing question- Is using the dark web illegal? Here, we seek to enlighten law students, lawyers, as well as laymen, on the facts they must know regarding the legitimacy and legalities of using such a tool. Keep reading to navigate the murky waters of the dark web, shedding light on its mysteries and unveiling the truth behind its usage (i.e., whether using it is illegal or legal). 

All you need to know about using the dark web

To understand whether using the dark web is legal or illegal, one must understand the core details of the dark web. So, shall we begin?

What is the dark web: a quick overview

The term ‘dark web’ refers to that part of the internet which is usually hidden from search engines. It functions through the shadows of the internet, which are accessible only via encrypted web browsers like Tor (an abbreviation for ‘the onion router’) and protected by VPN (virtual private networks). Further, it allows users to access and browse content on websites, anonymously, using masked IP addresses. This prevents tracking, surveillance and ad targeting. 

Generally, users access the dark web through the Tor browsers. However, other encryption tools and secure browsers like I2P (abbreviation for ‘Invisible Internet Project’) can also give users access to the dark web and deep web (a term discussed in detail in the upcoming passages). It is pertinent to note that these tools are not universal by design, and users must have knowledge of the exact URL (uniform resource locator) to gain access to such websites. Furthermore, there is no search engine or ‘Google search’ to gain access to the dark web, because that type of indexing would provide a trail of breadcrumbs for investigators, which in turn, may help them reach the individual or organisation performing such activities. 

Please note: While the dark web is often associated with illegal activities, it is also used by individuals to seek privacy and protection. This is done especially in countries with stringent rules regarding internet censorship.

Simply put, the dark web is a hidden part of the internet that is not listed by regular search engines and can be accessed only by using specialised browsers. It hosts both legal and illegal activities, thus offering anonymity, but it also poses a threat that may lead to more scams and illicit content.

Surface web vs. deep web vs. dark web 

As we know, the internet has numerous web pages, databases and servers running 24*7. However, the so-called ‘visible internet’ (i.e., the surface or open web) websites we normally have access to, can be regarded as just the tip of the iceberg. Given below is a pictorial representation of the same for your perusal.

There are several terms that surround the non-visible part of the web (like the surface web, deep web, dark web, etc.) An ordinary user can easily surf the web every day. However, as mentioned above, like the tip of an iceberg, the internet is much larger below the surface, where it may remain hidden from view if there is no help sought from specialised tools designated to help users gain access to such sites. The most significant part of the internet is the deep web. However, for the ease of readers, a gist of the surface web and the deep web is given below.

Surface web

Basically, the surface web, also known as the open web, is the ‘visible’ surface layer. As mentioned above, if the internet is an iceberg, then the surface web would be the top portion, that is, the tip of the iceberg. If we happen to measure it in terms of percentage, it would constitute about 5% of the total internet. The surface web includes all the common public websites that are accessed through traditional browsers, like Google Chrome, Safari, Internet Explorer and Firefox. These websites are generally labelled with registry operators, as “.com” and “.org” and can be located hassle-free through popular search engines. Locating surface web websites is possible because search engines can index the web via visible links. This process is called ‘crawling’, as the search engine travels the web just like a spider.

Deep web

The deep web rests just below the surface web. If measured in percentage, it accounts for about 90% of all websites. If we refer to it as an iceberg, it would be beneath the water and much larger than the surface web. In fact, this hidden web is so large that it is very difficult to discover just how many pages or websites are active at any given time.

Again, for illustration, if we take into consideration the ocean and the iceberg, big search engines could be regarded as ‘fishing boats’ that can only ‘catch’ websites that are close to the surface and everything else, from academic journals to private databases and more illicit content, will be out of reach. This web also includes a portion of what we call the ‘dark web’. It is pertinent to note that while many new outlets and sites use the terms ‘deep web’ and ‘dark web’ interchangeably, a major portion of the deep web is perfectly legal and safe. 

What does the deep web consist of

A major portion of the deep web consists of two things:

Databases

The term database here refers to a structured collection of information that is electrically stored in digital devices. Both public and privately protected file collections are in no manner connected to other areas of the web and are only to be searched within the database itself.

Intranets

Internal networks for enterprises, governments and educational facilities, that are used to communicate and control aspects privately within their organisations.

How can one gain access to the deep web

Well, if you are wondering how to gain access to the deep web, there are high chances that you already are using it on a day to day basis. The term ‘deep web’ can be regarded as those web pages which are unidentifiable by search engines. Some of these websites could be concealed behind passwords or other security walls, whereas some of them may simply tell search engines not to ‘crawl’ them. Without visible links, such pages are hidden for several reasons.

On the larger deep web, the ‘hidden’ content is generally clean and safe, so everything from blog posts in-review and pending web page redesigns to the pages one accesses, while say, banking online, is a part of the deep web. Additionally, they do not pose any threat to one’s device or safety at a large scale. These pages are kept hidden from the open web to protect the information, data and privacy of the users. Some examples would be:

1. Financial accounts (this includes banking and retirements),
2. Email addresses and social media accounts,
3. Data related to private businesses,
4. HIPAA-sensitive information like medical documentation,
5. Legal files.

Risks pertaining to venturing into the deep web

Diving into the deep web does attract some sort of peril for its users. For some, it might simply provide the opportunity to bypass local restrictions and gain access to television or movie services that may not be otherwise accessible to them, while others may dive deeper into the dark web and download pirated movies, install third-party applications that are not available online or even steal movies that are either not available on the verified platform or are not out in theatres already. Diving further into the abyss of this ocean that is the web, one will find the most hazardous content and activity. Usually, Tor websites are placed at the very end of the deep web (which is also considered as just the beginning of the dark web) and these are only accessible through an anonymous browser. In this manner, users can travel deep enough tangential pathways and end up on a piracy website, a politically radical forum or looking at disturbingly violent content.

Darknet

At times, the terms ‘darknet’ and ‘dark web’ are used interchangeably. However, they hold slightly different meanings. The darknet refers to that part of the Internet that overlays networks and infrastructure which allows the operation of the dark web. It comprises private networks, protocols, and technologies that permit users to access the dark web anonymously. The darknet provides the underlying infrastructure and privacy features of the dark web.

To distinguish between the dark web and the darknet, we can state that the dark web refers to encrypted websites and services that are a part of the deep web, whereas the darknet refers to the infrastructure and networks that provide access to the dark web.

Dark web

Last, but most certainly not the least, we have the dark web. The term ‘dark web’ particularly refers to those websites that are not indexed and are only accessible through special web browsers. At times, the dark web is considered to be a part of the deep web. If we take the earlier example of the ocean and iceberg, the dark web would be the bottommost part of the submerged iceberg. However, it is noteworthy that the dark web is a very concealed portion of the deep web. Only a limited number of individuals will be ever able to interact with or see it. So, the deep web covers all the portions that are under the surface. It is accessible only if proper software is used, including the dark web. Breaking down the construction of this web will help readers understand a few key layers that make it an anonymous haven:

1. There is no web page indexing by surface web search engines. Google and other search engines will not discover or display these options if a user searches for them.
2. There are ‘virtual traffic tunnels’ via randomised network infrastructure (here, the term ‘virtual traffic tunnels’ can be described as complex, secure pathways that allow internet traffic to travel through a network in a way that conceals its origin and destination).
3. These sites are inaccessible to traditional businesses, considering their registry operator. Moreover, they remain masked by various network security measures, such as firewalls and encryption.

More often than not, the dark web is linked to criminal intent or illegal content, including trading sites where users can purchase goods and services that are illegal in nature. However, legal parties also use this framework. When it comes to safety on the deep web, the dangers are different compared to those of the dark web. One does not come across illicit cyber activity that easily, but when one does, it is extreme and threatening.  

How to gain access to the dark web

At one point, the dark web was a province of hackers, law enforcement officers, and cyber criminals, but with the advent of new technology (like encryption and the anonymization browser software Tor), it is nearly possible for all individuals to dive into the dark web. Network browsers like Tor give users access to visit websites with the ‘.onion’ registry operator. Tor was a service that was originally developed in the latter part of the 1900s by the United States Naval Research Laboratory. Understanding the nature of the internet, there was no privacy back then; thus, an early version of Tor was created to hide spy communications. However, over time, this framework was repurposed and released to the public as the browser we know today, which anyone can download without any additional charges.

How does Tor work

Think of Tor as another web browser, just like Google Chrome, Safari or Firefox. Now, instead of taking the direct route (i.e., putting in the information in the search engine and getting results for the same) between one’s computer and deep parts of the web, the Tor browser makes use of a random path of encrypted servers known as ‘nodes’. This enables users to connect to the deep web without the fear of one’s activity being tracked or the browser history being exposed. Further, sites on the deep web also make use of Tor (or similar software such as I2P, the ‘Invisible Internet Project’) to stay anonymous, meaning you will not be able to figure out who is running them or where they are being hosted.

A brief history of the creation of the dark web

As per India News, the dark web came into existence in the early 2000s, with the evolution of Freenet (developed by Ian Clarke, as his thesis project as a student at the University of Edinburgh and his goal was to create a ‘Distributed Decentralised Information Storage and Retrieval System’, with the main aim of creating a new way to anonymously communicate and share files online) and the creation of the browser, Tor, by the US Naval Research Laboratory. The main aim of Freenet was to provide its users with security and protection against government intervention, whereas, Tor aimed at offering a secure means of communication, especially for intelligence sources in hostile locations. Clarke’s creation acted as groundwork for the Tor Project, which was released in 2002 and launched as a browser in 2008. The dark web started to become popular when cryptocurrencies were introduced, as it provided a level of anonymity for carrying out financial transactions. However, considering its association with illicit activities, there have been several requests for regulating this area of the web. 

Interesting fact: Organisations like the G20 and the Financial Action Task Force (FATF) are requesting cryptocurrency companies to provide them with transaction information to help law enforcement track down criminal organisations.

Further, the ‘dark web market’, also known as the ‘Silk Road’ was the first modern darknet market that was known for selling illegal drugs. However, this was taken down in 2013. Yet, since this incident, users have been using the dark web and searching the dark market anonymously for several illegal activities (discussed in detail below). Such activities include accessing weapons, malware, sharing stolen data, etc.

Some important pointers on the history of the dark web in India

Early developments of the dark web

The dark web started to become known to the Indian public when there was an increase in cybercrime all across the world. As the internet became widespread, so did the awareness and usage of the dark web, for numerous reasons, which were both legal and illegal. In the early 2010s, India saw the emergence of dark web marketplaces, which were quite similar to those seen globally, such as the Silk Road.

Responses of the Government and law enforcement agencies to such activities

With increased recognition of potential threats, the Indian law enforcement agencies started focusing on tracking and fighting illegitimate activities that took place on the dark web. The Indian Cyber Crime Coordination Centre (I4C,) along with other such organisations and agencies, played a major role in tracking and shutting down illegal dark web activities.

Why and how is the dark web used

The why

The dark web is a hub for users to remain anonymous all across the globe. Individuals use the dark web for both legal and illegal purposes. The same has been discussed in detail in the upcoming passages.

Encryption technique and anonymity

There are several encryption techniques, such as E2EE- End-to-End Encryption, AES- Advanced Encryption Standard, RSA Cryptography, etc., used in the dark web by individuals, to maintain anonymity and have confidential communications and techniques. The benefits of encryption are:

1. Privacy,
2. Safety/security, and
3. Trust.

Privacy

Using the dark web offers high levels of anonymity and privacy in comparison to the surface web (or clearnet or the regular internet browsers). This can be useful for individuals who want to protect their online identity and avoid surveillance and censorship. Further, for individuals who are concerned about doxing (having their personal information shared and leaked online), the dark web offers a layer of protection by allowing them to communicate, have conversations anonymously and carry out transactions in a secure and private manner.

Whistleblowing

Some individuals access the dark web to share sensitive information or leak documents without actually revealing their true identity. Several platforms (one of them being SecureDrop) allow whistleblowers to pass on sensitive information securely, to journalists.

Political dissent

In some countries, the internet is restricted, to increase censorship and surveillance, which is where the dark web comes into play. Through the dark web, one can access information, gain knowledge freely and communicate, without the fear of being caught or retribution by authorities and agencies.

Research and education

Several researchers, journalists and academicians use the dark web to study cybercrime, explore issues related to digital privacy, or access information that is otherwise not available on the surface web.

Cybersecurity testing

Security professionals make use of the dark web to monitor threats, study malware, or gather intelligence on cyber criminal activities, to enhance their defences.

Gaining access to restricted content

Through the dark web, one can gain access to a lot of data that is otherwise not easily accessible on the surface web. This includes forums for niche interests, rare books, or art.

Wholesale marketplace

While there are numerous illegal activities that occur on the dark web, there are also some legal markets where vendors sell legitimate products and services. Some people may use the dark web to buy products in bulk at a wholesale price.

Privacy tools and services

There are several users who are worried about their privacy. Through the dark web, such users can find tools that help them enhance anonymity, encryption, security and other such features.

Illegal activities

The dark web is also known for facilitating illegal activities like drug trafficking, selling lethal weapons, hacking services, etc. Individuals engaging in such activities may use the dark web to avoid detection by law enforcement.

Cryptocurrency

Numerous financial transactions on the dark web are performed through cryptocurrencies, to provide further anonymity. The technology behind cryptocurrency, called the blockchain, is a digital ledger of transactions distributed across the network, wherein the blocks are cryptographically secure. It records information in a manner that makes it quite difficult or nearly impossible to make changes or hack a system.

Fun fact: Ross Ulbricht was investigated and arrested in 2013, for developing and running the dark web market- the Silk Road. This website was used for buying and selling narcotics.

Bitcoin transactions

Bitcoin transactions have facilitated all types of illegal activities by cyber criminals and terrorists on the dark web and this has made it extremely difficult for law enforcement agencies to follow the trail of money to gather evidence of criminal activity. Regulating laws on cryptocurrencies is possible only to the extent of their legitimate use, while a major portion of them can still be used for illegitimate purposes. Using bitcoin for illicit activities remains a topic of ongoing debate and regulatory scrutiny.

The how

Preparing to access the dark web

While opting to use the dark web, one must ensure that there is safety and anonymity. One can do so by:

VPN (Virtual Private Network)

Using a good VPN to conceal one’s IP address and encrypting internet connection is important. Doing so, adds an extra layer of protection before one accesses the dark web.

Antivirus software

Making sure that the device from which one wishes to access the dark web, is protected with the latest versions of antivirus software, to help protect against any malware and threats, is important as well.

Downloading tools

Using Tor or any such browser

One will have to launch Tor or another browser to access the dark web. Just by opening the browser, one can automatically connect to the network.

Please note: One must avoid downloading from third-party sources to prevent malware.

Installation

One must follow the installation instructions as given by the operating system.

I2P (Invisible Internet Project)

This is optional. One can consider visiting the I2P website and downloading the software. Then, all the instructions, as prompted, should be followed.

Accessing the dark web

Using the browser

Open the browser. This will automatically connect to the concerned network.

Adjusting the settings

One can adjust security settings for better protection.

Using I2P

Once the I2P software is opened, it might take a few minutes to connect to the network.

Accessing the dark web through the browser

Use a regular web browser configured with I2P to access I2P sites (i.e., those sites that end with ‘.i2p’.)

Navigating the dark web

Finding websites

Websites on the dark web, known as hidden services, have addresses ending in ‘.onion’ (for Tor) or ‘.i2p’ (for I2P). One can use the Hidden Wiki or search engines like DuckDuckGo to gain access to dark web sites.

Visiting dark web sites

If you have the exact ‘.onion’ address, it can directly be entered in the dark web browser. 

Word of advice: Please be extra cautious of the sites you are visiting and the information you are sharing.

Encryption

One must ensure that encryption tools like PGP (Pretty Good Privacy) are used for safe connection. Further, it is crucial to ensure that all transactions are conducted on encrypted and secure platforms to avoid being tracked and prevent malware issues.

Maintaining anonymity and security

1. Always use pseudonyms instead of real names. Avoid entering any personal information.
2. Keep your dark web identity separate from your real-world identity.
3. Never share any personal data or information (like Aadhar or PAN Card number), as it can be used to trace you.
4. Keep your dark web browser updated.
5. Beware while downloading files on the dark web, as there is a high chance that they may contain malware or viruses.

Word of advice: Using the dark web requires a strong understanding of security and anonymity practices. One must avoid going on such sites, unless absolutely necessary. If one accesses such sites, one must prioritise safety and be aware of the legal and ethical implications of the activity conducted there.

Advantages and disadvantages of using the dark web

Advantages

Circumvent censorship

The dark web, through some specified browsers, allows users to circumvent censorship. This feature is of quite importance in countries that have stringent internet browsing laws and regulations.

Access illegal markets

The dark web allows users to gain access to illegal markets that may allow them to improve their quality of life. For instance, day-after pills are illegal in several conservative countries that consider abortion illegal but are accessible on such markets (the same markets that also sell street drugs).

Access to a plethora of information and knowledge

The deep web is a treasure trove of information and knowledge. It has some of the largest virtual libraries (a lot more than one would usually think of). The knowledge which is thus accessible on the dark web, is used by students, teachers, researchers, etc., as it is not so readily available on standard search engines. Further, scientific data that has been hidden from the public eye, is otherwise easily found available on the deep web, provided one spends enough time researching on it.

Other advantages

The other advantages of the dark web include anonymity, freedom of speech, privacy, and security it offers, inter alia.

Disadvantages

Child exploitation

The dark web allows paedophiles to publish, trade, and sell child pornography, with relative safety and without getting caught.

Anonymous threats

Browsers on the dark web allow individuals to send threatening emails without the risk of facing any legal repercussions.

Criminal transactions

Browsers on the dark web allow individuals to engage in several monetary transactions that are of criminal nature, via cryptocurrency or other such blockchains and digital currencies.

Abuse of clearnet services

Browsers on the dark web can be used to abuse clearnet services.

Buying and selling of drugs and banned substances

The dark web is a hub for illegitimate activities relating to drug and contraband trade. Buying things like drugs, lethal weapons, illegal matters, etc., is quite common on the dark web. One must be careful and not be easily influenced by the availability of such items, as they may, more often than not, lead you to trouble.

Hitmen for hire

Along with buying lethal weapons, drugs, and other such materials on the dark web, one can also find hitmen for hire, who are willing to take up work in exchange for some money. Such activities take place on the dark web with complete impunity  (it is quite difficult to track the person), as there is no oversight. There are several websites, such as White Wolves and C’thuthlu, where people can hire assassins to kill or harm other individuals.

Legality of using dark web in India

Here are some pointers a reader must know about the legality of the dark web in India, such as the legality of using Tor (one of the many browsers that give users access to the dark web), are other such websites on the dark web legal, the legal and illegal use of the dark web, etc.

Is using the dark web illegal in India

There is no straight-jacket answer to this question. However, using the dark web in India is not illegal in itself. Some uses of the dark web are completely legal and supportive of the value of the dark web, as users can gain several advantages such as, user anonymity, virtually untraceable services and sites, etc. However, there is a downside to it as well. Abusers, prosecution victims, whistleblowers and political dissidents have been using the dark web to stay anonymous and share their opinions, among other things. There are also individuals who seek to act outside the constraints of law, in other explicit, illegal ways.

Moreover, when viewed through the lens of legality, it depends on what the user is actually using it for and engaging in. Therefore, if a user is accessing the dark web for any reason that is important for protecting one’s freedom, it might be considered legal. Let us consider the following questions to look into the legality of using the dark web.

Is the use of Tor or any anonymized browser legal

Tor, a privacy platform and web browser that is often used to access the dark web, is a part of the internet that consists of hidden websites. On the software end, using Tor or any anonymized browser is not illegal in a strict sense. These browsers are not confined to accessing the dark web alone.

Nowadays, several users have been making use of Tor (or any anonymous browser) to navigate both the public internet and the deeper parts of the web. This ensures a safe and private browser experience. The privacy Tor (or any anonymous browser) offers is quite important in the digital age. Organisations and governing bodies are also utilising Tor (or any anonymous browser) and participating in the unauthorised surveillance of online activity. Some users simply do not want government intervention or for ISPs (i.e., their Internet Service Providers) to know what they are looking at online, whereas, some users have little choice. You may wonder why. The reason being, that some countries have stringent rules over internet browsing, and these rules prevent users from accessing public websites as well, unless they make use of Tor (or any anonymous browser) or VPNs (virtual private networks).

Having said that, one can still use such browsers for committing any illegal activity and can be incriminated irrespective of the fact that the browser from which one committed the activity was legal to use. Therefore, if someone uses Tor (or any anonymous browser)  to pirate any copyrighted content from the deep web, share illegal pornography, or even engage in cyber-terrorism, it will be regarded as illegal, and the user, if caught, will be punished for such an activity. In simple words, using a legal browser will neither allow one’s illegal action to be considered as a legal one nor will it make the action fall to the right side of the law.

Are sites on the dark web illegal to use and visit

On the network end, the dark web is sort of a grey area. Generally, using the dark web means one is making an attempt to engage in a kind of activity that one cannot openly carry out in the public eye. So, say, it is useful for governmental critics and other outspoken lawyers as they cannot voice out all of their opinions openly in public as it may backlash if their real identities were discovered. Further, those who have undergone any sort of harm at the hands of others may not want their attackers to rediscover the conversation about such events. However, if any kind of activity is considered to be illegal by any governing bodies, then it will be said to be illegal. 

That being said, there is a dark side to such a level of anonymity, as criminals and malicious hackers also choose to operate behind such shadows. For instance, criminals perform activities like cyberattacks and trafficking on the dark web, so that they can hide their identities and eventually not be incriminated.

To conclude it all, simply going through such spaces is not illegal. However, doing so can cause major concerns for an individual. Simply put, using the dark web is not illegal as a whole, yet illegal activities are rampant in many parts of the dark web. It can expose a person to unnecessary risks if he/she is not being careful enough or is not tech-savvy when it comes to using this side of the web. Now, you may wonder about the legal and illegal uses of the dark web. Let us find out!

Statistics on the usage of the dark web

In comparison to Australia and South America, India has the largest marketplace of dark web users and with up to 26% of the country’s users using the dark web. As per ZDNet, a hacking group addressed as ‘ShinyHuneters’ tried to sell data of 73 million users on the dark web. There was a security breach in about 10 organisations, including the online dating app Zoosk, the Printing service Chatbooks, the South Korean fashion platform Social Share, etc. Further, as per a cybersecurity firm Cyble, about half a million Zoom accounts (discussed below) were hacked in April 2020 and were sold at less than a rupee each. Arxiv (an open-access archive for scholarly articles) discovered that a whooping 70.6% of users of the dark web belonged to the male population, as compared to 29.4% of females. 

Tabular representation of category-wise statistics on the usage of the dark web

The data can be summarised as under:

Category group	Percentage of individuals using the dark web
18-25	35.9%
26-35	34.8%
36-45	16.8%
46-55	8.8%
56-65	3.1%
Above 65	0.6%

Legal and illegal uses of the dark web

On the dark web, one can find and avail several legitimate products like basketball shoes, apparel, genuine research papers, etc. However, one can also find and make use of plenty of illegitimate items, such as hacked Netflix accounts, credit and debit card information of numerous users, drugs, firearms, etc. Let us take a look at the various types of uses.

Legal uses of the dark web

For privacy and anonymity

There are activists and individuals who make use of the dark web to remain anonymous so that they can use certain facilities, share their views, etc., without any fear. This anonymity becomes quite important when one is residing in countries that monitor and impose a ban on or restrict some activities (like the ban on TikTok in India).

Avoid government censorship and scrutiny

There are numerous countries with heavy internet censorship and the people there use the dark web to access information and communicate freely. Say, for instance, the Tor browser helps individuals in countries like China and Iran bypass government firewalls, to gain access to the internet and websites that are banned in that country.

Whistleblowing platforms

There are several matters that a user cannot disclose or publish without concealing his/her identity, which is why journalists and whistleblowers avail platforms such as SecureDrop and GlobalLeaks to share information anonymously. These platforms are essential for protecting the identity of individuals who are on a mission to expose illegal activities like drug peddling, corruption, etc.

Access to legal services

Legal professionals and clients, by making use of dark web browsers, can extend their services securely, particularly in sensitive legal matters. For instance, a lawyer may use the dark web to communicate with a client in a repressive regime, without having to worry about being exposed by the media or the like. 

Journalistic work

As mentioned above, journalists take the help of the dark web to communicate securely with sources in oppressive regimes. The anonymous nature of the dark web protects the identity of these sources, thereby protecting them and the journalists themselves, in case of sensitive matters.

For research and academic purposes

If you wish to search a public library catalogue to access a book, you cannot simply type the title into a browser’s search bar and expect Google or that search engine to show a meaningful result. Such level of information is more easily available, only in the dark web. Scholars and researchers can gain access to databases and academic journals that are not indexed by standard search engines like Google, Firefox, Safari, etc. Such browsers give users access to libraries or private research papers that require anonymity, considering the sensitive nature of the topics.

Gaining access to blocked content

At times, researchers and activities make use of the dark web to access websites and online content that is blocked by the government or ISPs. The dark web ensures that there is a free flow of information everywhere.

Support group

On the dark web, one may find several anonymous communities and support groups for individuals who are suffering from certain conditions like mental health disorders, addiction to substances, etc. Such groups act as a safe space for individuals to address these issues without having the need to reveal their true identity.

Cryptocurrency

One can use cryptocurrency for legal and illegal purposes. As for the legal purpose, any individual who is conscious about privacy and wishes to carry out some transactions can do so, with the help of cryptocurrencies and the dark web. For example, a person can use bitcoin on the dark web to donate to privacy-focused organisations.

Illegal use of the dark web

The dark web has become a platform for several illegal transactions, thereby posing as a threat to cyberspaces across multiple dimensions. Since anonymity on the dark web makes it quite difficult to track down web patterns like browsing history, location, etc., it is misused by criminals to conceal their identities and carry out illegitimate activities.

Drug trafficking

The dark web acts as a marketplace for illegal drug trafficking, wherein individuals can buy and sell drugs without the fear of being caught red-handed by police authorities and other governmental bodies. In order to hide their identity, sellers and buyers use cryptocurrency to carry out financial transactions. For instance, on the infamous Silk Road (which was shut down in 2013) several activities related to illegal buying and selling of drugs were carried out.  An instance of this could be the arrest of Gal Vallerius (who was then sentenced to 5 months of imprisonment and a possibility of more jail time) after pleading guilty to a conspiracy to commit drug trafficking and money laundering. He used to sell illegal drugs on an eBay-style website, a dark web marketplace while using the alias ‘OxyMonster’.

Child pornography or child sexual abuse material (CSAM)

The dark web harbours several websites and pages dedicated to child pornography and child sexual abuse material (CSAM). For instance, about 337 users, across 38 countries were arrested in 2019, after a major dark website that had an estimated 200,000 videos of child pornography was shut down, when a UK investigation into a child sex offender, uncovered its existence.

Leaked data

The dark web is used by several individuals for activities related to stealing the personal information of other people, including their login credentials, confidential data, contact information, etc. An instance of a data breach could be the 2020 news that claimed that about 500,000 Zoom accounts were up for sale. This data was used for ‘credential stuffing’ attacks, meaning hackers tried to use the same credentials for other services.

Arms, ammunition, and firearms

The dark web is also a hub for trading illegal weapons, thus allowing individuals, groups, and other such organisations to buy firearms, ammunition, explosives, etc., without the intervention of legal authorities.

Buying and selling of exotic animals and endangered wildlife

There are numerous transactions carried out via digital currency and cryptocurrency, for buying and selling exotic animals and endangered wildlife on the dark web. Such activities occur on dark web marketplaces like Alpha Bay, Dream Market, etc. Such platforms work on encrypted networks, shielding users’ identities and transactions from prying eyes. Such websites look quite similar to our normal shopping websites, like Amazon and Flipkart, with the only difference being that they offer illegitimate items for sale.

Credit/debit card data

The dark web is quite frequently used for stealing details relating to a user’s debit and credit card information. Hackers trade such information in exchange for money, either in cash or in kind. Usually, such transactions are carried out via digital currency, in the form of bitcoins or cryptocurrency. The data thus obtained through hacking, phishing, or skimming, is sold to the highest bidder, who may use it for-

1. Carrying out fraudulent purchases,
2. Using clones of their cards to withdraw cash from ATMs,
3. Reselling the information for a higher price,
4. Subscribing to online service subscriptions, etc.

An instance of this could be the dark web marketplace named ‘Joker’s Stash’. This site, being one of the largest and notorious carding sites, was well-versed in selling stolen credit card and identity data and was shut down in 2021.

Stolen account login information

On the dark web, just like credit and debit card information, hackers also sell the login credentials of several users. Such information may include email IDs, social media profiles, streaming service account details, etc. This information can be used for identity theft or fraudulent activities. An example of this could be the aforementioned instance of leaked data of Zoom users.

Fake passports

There are numerous websites on the dark web that sell fake passports. Such fake passports are used to facilitate illegal activities like human trafficking, drug smuggling from one nation to another, and illegitimate immigration. This activity of selling and purchasing fake passports undermines national security and poses a major threat to global safety. An instance of this could be the recent arrests of 108 fraudulent agents (in about 6 months) all across the nation, including states like West Bengal, Gujarat, Punjab, Haryana, Maharashtra, etc., who were allegedly held guilty of visa and passport fraud, facilitating illegal immigration. Another instance could be the individuals behind the 2015 attacks in Paris, who made use of fake passports to get a loan in advance for the attacks. Using fake passports for terrorism is so widespread that investigators and authorities opine that terrorist organisations like Al-Qaida, have their own teams specialising in various countries, whose sole purpose is to provide passports (and other such documents) to members of such organisations on request. 

Cyber terrorism

Cyberterrorism can be defined as the activity of using digital technologies for conducting terrorist activities. This may include- 

1. Attacks on buildings (an example of this could be the 26/11 Mumbai attacks that took place with the help of cyber telecommunication of terrorists, the 2011 bomb explosion in Zaveri Bazaar, Mumbai, among others),
2. Recruiting people for terrorist organisations to achieve their missions and goals, etc.

Did you know? Such activity is punished under Section 66F of the Information Technology Act, 2000, which was added by an amendment in 2008, to deal with cyberterrorism and other related issues.

Malware/DDoS

The dark web is also a hub for selling and distributing malware and services to launch distributed denial-of-service (DDoS) attacks. On one hand, malware is used to steal data, disrupt operations or hold systems hostage for ransom (also known as, ransomware), whereas, DDoS (distributed denial-of-service) attacks are known to overwhelm a target’s network with traffic, which in turn will eventually become slow or completely inaccessible. An instance of this could be DarkSide ransomware, a RaaS (ransomware-as-a-service) operation associated with an eCrime group CARBON SPIDER, as tracked by CrowdStrike. This operator focused mainly on Windows machines and had expanded to Linux.

Hackers for hire 

The dark web acts as a hub to hire hackers to perform illegitimate activities like hacking into someone’s personal accounts, conducting corporate espionage, etc. Hackers to hire can be used for stealing sensitive information, disrupting the operation of one’s competitors, and sabotaging the business of rivals, amongst other tasks. An instance of this could be CostaRico APT, which has targeted numerous organisations around the globe and a wide variety of sectors, with its major focus on South Asia.

Other illegal uses of the dark web: a quick overview

Stealing IPs

With the advent of the internet and technology, there has been a huge transformation in the manner in which information is exchanged. This has only created new opportunities for innovation and collaboration. However, as everything has its pros and cons, the development of technology has given rise to a shadowy underworld where illegitimate activities, including the theft of IP, are on the rise. The dark web has become a fertile ground for illegitimate activities due to its anonymous nature and encryption feature.

Cyberbullying

Cyberbullying refers to an activity that is conducted through digital technology, mainly via devices like computers, mobile phones, laptops, etc. It involves using social media, messaging platforms, gaming platforms, mobile devices, laptops, etc. A person may try to defame another individual, organisation or firm, harass them, etc., on the dark web and have his identity remain hidden.

Job fraud

A person or group of persons can defraud individuals by misleading them with the false promise of a better job with a better pay scale on the dark web and since their identity will remain hidden, he/she cannot be caught or tracked down as easily. In March 2022, a booklet was issued by the RBI (Reserve Bank of India), discussing the steps an individual can take to protect oneself from such fraud.

Types of threats one must be aware of while using the dark web

If you are considering using the dark web for some basic privacy purposes, you may still ponder whether the dark web is dangerous to use. Unfortunately, it can be quite a dangerous place to be in. There are some common threats one must be aware of while using the dark web, as discussed below.

Doxing 

The dark web is, at times, used as a dumping ground for personal, financial, and technical information with malicious intent. While individuals are aware that their personal information, which they put out on the dark web, can be hacked and used for legitimate purposes, they barely understand the full implications of such an activity, say, for instance, the information can be used to humiliate such individuals. This is why one must be very careful about what they share on social media, to avoid the information being used against them.

Selling one’s card information

Sellers on the dark web, regularly keep updating an individual’s primary account number (PANs), bank identification number (BIN,) and general payment card data, and this is a major concern for authorities who deal with matters related to dark web crimes, retailers and company who accept payments in the form of credit or debit cards. Nowadays, more and more companies are using automated tools so that they can spot such fraudulent activity earlier in the process and take action immediately.

Guides published on how to exploit areas on the dark web

On the dark web, there are several guides that offer a step-by-step instruction to users, on how they can use the dark web to become a cybercriminal, conduct illegal activities, etc. They further offer guides to such criminals on matters related to how they can benefit from an organisation’s system and processes.

Sharing documents on tax fraud 

Just before the tax season every year, there is a rush of activity on the dark web, wherein fraudsters gather tax returns of individuals. Further, they also file fraudulent tax returns before the legitimate taxpayer does.

Malicious software

Malicious software, that is, malware, is fully alive, all over the dark web, and is often offered in some portals that give threat actors the necessary tools for cyberattacks. Nonetheless, it also lingers all across the dark web to infect unsuspecting users, similar to the activity carried on on the rest of the web. Users may find themselves regularly exposed to the following malware-

1. Keyloggers,
2. Botnet malware,
3. Ransomware, and
4. Phishing malware.

Please note: If a user decides to explore websites on the dark web, he/she directly puts him/her at risk of being singled out and falling prey as a target of hackers and other such criminals. A user has to note that any sort of online activity that he/she conducts on the dark web, may leave behind a footprint or traces that could help reach their identity, provided one digs deep enough. However, most of the malware infections can be detected with the help of one’s endpoint security programs.

Furthermore, about 4 million ransomware attacks occurred in the UK alone, in the months up to July 2020. Such occurrences happen when malware inadvertently downloaded on an individual’s device, encrypts the victim’s files. As a consequence, and to fix such an issue, ransomware attackers demand money to restore access. Such attacks can lead to quite a devastating effect, especially on businesses. An instance of this could be the WannaCry incident that took place in 2017, which allegedly cost the NHS, £92 million. Another example of such an occurrence could be that of shipping giant A.P. Moller-Maersk, an organisation that moves freight around the world. It incurred losses between USD 200-300 million, in the NotPetya malware attack, which rendered apps, laptops and servers useless. It must be noted by the readers, that such an occurrence happened in less than 10 minutes, meaning it took the hackers less than 10 minutes to spread the malware throughout the company. 

Ransomware

Ransomware packages are sold on the dark web. These include custom-built models and ransomware-as-a-service subscription packages, enabling non-technical criminals to launch attacks on businesses.

Government monitoring

There are numerous Tor-based websites that are overtaken by police authorities now all around the world, this poses a clear threat to becoming a government target for simply visiting any website on the dark web or using it.

As reiterated above, legal marketplaces that sell drugs, like the Silk Road, have been hijacked for police surveillance in the past years. The police authorities and law officials use customised software to infiltrate and analyse the activities of individuals, which in turn has enabled them to discover the user identities of patrons and bystanders alike. Also, even if no purchase is made, one can still be watched and incriminated for other activities later. Further, infiltrations can put an individual at risk of monitoring for other types of activities. Breaching any governmental restriction to explore new political ideologies can be regarded as one of the aforementioned activities, and an individual can be imprisoned if he/she is caught doing so (in some nations). One must note that there is a huge amount of risk if an individual tries to access such content and he/she could be on the watchlist or immediately targeted for serving jail time.

Scams

Some services, say hiring a professional ‘hitmen’ may just be scams designed to gain profit from willing customers. Several reports claim that the dark web has a variety of illegal services to offer, ranging from paid assassinations to trafficking for drugs, sex, and lethal weapons. Some of these are real, well-known established threats that circulate in the nook of the dark web, whereas, some others may be simply benefiting, considering the reputation of the dark web to trick users out of large sums of money. Moreover, some users on the dark web may attempt phishing scams to steal one’s identity or personal information for extortion.

Selling one’s business data

Selling business data by hacking, stealing, and then selling a business’s data is quite a common sight on the dark web. Some hackers also sell access to breached company databases, leaving them open to the theft of anything, this could be anything from financial information to employees’ personal details. This can be highly damaging to the reputation of the companies. Furthermore, data breaches can be quite expensive. The ICO (Information Commissioner’s Office) fined DSG Retail Limited £500,000 in January 2020 after a point-of-sale computer system was compromised by a cyber attack, this affected about 14 million people (meaning, millions of retail customers were affected due to this security incident).

Direct threats

The dark web acts as a forum for extremists to plan coordinated attacks. Also, bad actors can use such channels to make direct threats against an individual or a company’s executives, employees, or properties. Further, criminals may exploit the leaked personal information of such individuals and blackmail them. The data can also be used for money laundering, spearfishing campaigns, and identity theft.

Instances and cases of crimes related to the dark web : an Indian perspective

Juspay data breach

In January 2021, Juspay data was breached wherein data of about 10 crore cardholders was sold on the dark web for an undisclosed sum of money. This data involved sensitive information of customers including their email addresses, mobile numbers, and card transactions.

Mobikwik data breach

In March 2021, sensitive information (including the KYC details, addresses, phone numbers, Aadhar card details, etc.), of about 3.5 million Mobikwik users in India. As a result, the digital wallet firm was asked to get a forensic audit done with the assistance of the CERT-IN (Indian Computer Emergency Response Team) empanelled auditor.

Domino’s India data breach

In April 2021, Domino’s India was involved in breaching sensitive information of around 18 crore orders’. This information was released on the dark web for sale as a searchable database. The CTO of a cybersecurity firm claimed that this data was sold for about 10 Bitcoin or BTC (which comes to around Rs. 4.25 crores).

Big Basket data breach

In April 2021, data of over 20 million BigBasket customers was leaked. This information contained details like the names of the customers, their email addresses, birth dates, hashed passwords, and contact numbers. 

Did you know? The same data was breached in November 2020.

One of the largest-ever drug trafficking teams busted

The NCB (Narcotics Control Bureau), in June 2023, claimed to have busted a drug trafficking network that operated on the dark web. They stated that about 15,000 LSD blots were seized in one operation, and 6 individuals were arrested. As per the officials, this group operated on the dark web, and payments were made through cryptocurrencies and were spread across Poland, the Netherlands, the US, and various states of India.

Busting interstate drug racket of about Rs. 45 lakh transaction of cryptocurrency

In September 2022, the Hyderabad police arrested 8 members of an interstate drug racket. Upon investigation, the prime accused was making use of the dark web for drug supplies and made use of social networks, cryptocurrency (single-use crypto wallets), and other similar hidden apps to enable door-delivery of the substances. Upon further investigation, it was discovered that there were about Rs. 45 lakhs worth of transactions taking place for drug trafficking. The sleuths (private detectives) also seized several other items, including-

1. 140 grams of charas/hash, 
2. 1450 grams of ganja, 
3. 184 blots of lysergic acid diethylamide (LSD),
4. 10 grams of MDMA or ecstasy, and 
5. Mobile phones worth Rs 9 lakh in total.

Laws related to the dark web in India

Please note: There are no explicit laws that forbid using the dark web for illegitimate purposes. However, the following acts mention offences that are linked to the dark web. Let’s take a quick look at them.

Information Technology Act, 2000

Now that we know that using the dark web is legal in India, we must also understand that there are several challenges that law enforcement authorities face on a day-to-day basis to tackle crimes that occur on the dark web. However, there are a few sections in the IT Act, 2000 (the first cyberlaw to be approved by the Indian Parliament), that provide some relief to the authorities. Let us take a look at them.

Section 43 of the Information Technology Act, 2000

Section 43 of the IT Act discusses the penalty for damaging a computer, computer system, etc., and states that it is applicable to those individuals who indulge in cyber crimes like damaging the computers, computer systems or computer network of a person without obtaining prior permission from the owner or any other person in charge. Section 66 discusses the punishment for such an offence. Under Section 66, any individual committing such a crime is liable for imprisonment for a term which may extend to 3 years or a fine that may extend to 5 lakhs, or at times, both.

Section 66C of the Information Technology Act, 2000

Under Section 66C discusses punishment for identity theft. It states that anyone who fraudulently or dishonestly makes use of an individual’s electronic signature, password or any other unique identification feature, will be liable to serve imprisonment of either description for a term that may extend to 3 years and also a fine, that is extendable up to 1 lakh rupees.

Section 66D of the Information Technology Act, 2000

Any individual who, with the help of any communication device or computer resource cheats by personation, will be held liable for a term that extends to 4 years and will also be liable to a fine that may extend to 1 lakh rupees, as stated under Section 66D. This Section talks about punishment for cheating by personation.

Section 66E of the Information Technology Act, 2000

Section 66E, talks about punishment for violating privacy and states that any individual who intentionally or while having proper knowledge, captures, publishes, or transmits the image of a private area of any individual, without his/her consent and violates the privacy of such a person, will be liable for imprisonment of up to 3 years or a fine not exceeding 2 lakhs, or at times, both. Similarly, if any individual shares such images on the dark web, he will be charged with the same penalty.

Section 66F of the Information Technology Act, 2000

Section 66F, discusses acts of cyberterrorism and states that any individual who is held guilty of a crime of cyberterrorism can face life imprisonment. An instance of this could be the threat email sent to the Bombay Stock Exchange and the National Stock Exchange. This challenged the security forces to prevent a terror attack planned on these institutions. The mastermind behind this crime was arrested and punished under Section 66F of the IT Act.

Section 67 of the Information Technology Act, 2000

Section 67, discusses punishment for publishing or transmitting any obscene material in electronic form, any individual held guilty of publishing or transmitting any obscene material in electronic form will be convicted of imprisonment of up to 3 years with a fine of up to 5 lakhs for the first offence, and up to 5 years and a fine of up to 10 lakhs for the second or subsequent conviction.

Section 67A of the Information Technology Act, 2000

Section 67A, discusses punishment for publishing or transmitting any sexually explicit material in electronic form and states that any individual held guilty of publishing or transmitting any sexually explicit material in electronic form will be convicted for an imprisonment of up to 5 years with a fine of up to 10 lakhs for the first offence, and up to 7 years and a fine of up to 10 lakhs for the second or subsequent conviction.

Section 67B of the Information Technology Act, 2000

Section 67B, discusses punishment for publishing or transmitting any sexually explicit material involving children in electronic form, any individual held guilty of publishing or transmitting any sexually explicit material that involves children in electronic form will be convicted for an imprisonment of up to 5 years with a fine of up to 10 lakhs for the first offence, and up to 7 years and a fine of up to 10 lakhs for the second or subsequent conviction.

Constitution of India

Article 21 and Article 19(1)(a) of the Constitution of India

As per the Constitution of India, Article 21, which protects the right to liberty of Indian citizens and Article 19(1)(a), which talks about the right to freedom of speech and expression, accessing the internet is a basic right and no person can be barred from accessing any website, as it would lead to deprivation of their right to personal freedom and freedom of speech and expression.

Did you know? In the case of Faheema Shirin RK vs. State of Kerala and Others (2019), the Kerala High Court held that the right to access the internet comes under the right to privacy under Article 21 of the Constitution. Also, in the case of PUCL vs. Union of India (1997), the Supreme Court of India made an observation that the right to freedom of speech and expression is guaranteed under Article 19(1)(a) of the Indian Constitution. Here, the term ‘freedom’ means the right to express one’s opinions freely by word of mouth, through writing or printing, in pictorial format, or in any other manner. All these precedents act as permission to access the dark web and express themselves freely everywhere.

Article 23 of the Constitution of India

Under Article 23, human trafficking and forced labour are prohibited. So, if individuals or organisations engage in any such activity on the dark web and are traced down, they will be liable for a penalty.

Bharatiya Nyay Sanhita, 2023 (replaced the Indian Penal Code, 1860)

With respect to the Bharatiya Nyay Sanhita Act, 2023, the following sections could be applicable to committing illegal activities on the dark web:

Section 78 of the Bharatiya Nyay Sanhita, 2023

Under Section 78 (previously addressed as Section 354D in the IPC), which talks about stalking any man who is held guilty of stalking, will be held liable to imprisonment for 3 years and also a fine for the first offence. If the offence is repeated, the punishment could be extended to 5 years of imprisonment and a fine.

Section 96 of the Bharatiya Nyay Sanhita, 2023

Section 96 (previously addressed as Section 366A as per the IPC) talks about the procuration of a child. It states that any individual who induces, forces or seduces a child to engage in sexual intercourse, shall be punished with imprisonment that may extend to 10 years. He/she shall also be liable to pay a fine.

Section 98 and 99 of the Bharatiya Nyay Sanhita, 2023

Section 98 (previously addressed as Section 372 as per the IPC) and Section 99 (Section 373 of the IPC) talk about selling and buying minors for prostitution. It states that any individual who sells or buys, hires, or takes possession of minors with the intention of using them for prostitution or illicit intercourse, shall be punished with imprisonment for up to 10 years and a fine (for buying, hiring or obtaining possession) and with imprisonment for up to 7 years that could be extendable to 14 years and a fine (for buying, hiring or obtaining possession). So, anyone who buys or sells any such material or engages in child prostitution on the dark web will be punished accordingly.

Section 294 of the Bharatiya Nyay Sanhita, 2023 

Under Section 294 (previously addressed as Section 292 in the IPC), any individual who sells, hires, distributes, publicly displays or in any way circulates or for the purpose of sale, hire, distribution, public exhibition or circulation, makes, produces or has in his possession any obscene book, pamphlet, paper, drawing, painting, representation or figure or any other obscene object whatsoever, in whatever manner, or carries on any activity related to importing or exporting such materials, or receives some benefit from any such business activity or advertises or attempts to do something that is an offence under this Section, will be liable to imprisonment for up to 2 years and a fine extendable to ₹5,000 for the first offence. For the second offence, the punishment would be imprisonment for up to 5 years and a fine extendable to ₹10,000. The same rule can be implemented for any activity carried on on the dark web.

Section 303 of the Bharatiya Nyay Sanhita, 2023

Under Section 303 (previously addressed as Section 379 in the IPC), which discusses punishment for theft. It states that theft is a punishable offence, and the punishment for the same is 3 years of imprisonment and a fine. This Section comes into play when cyber crimes on the dark web, like hacking electronic devices, stealing data, etc., occur.

Section 318(4) of the Bharatiya Nyay Sanhita, 2023

Section 318(4) (previously addressed as Section 420 in the IPC), talks about cheating and dishonesty. It states that cheating and dishonesty is punishable for 7 years of imprisonment, along with a fine. This Section will come into play when incidents relating to fake websites and cyber frauds occur on the dark web.

Section 336 of the Bharatiya Nyay Sanhita, 2023

Under Section 336 (previously addressed as Section 465 in the IPC), forgery is an offence, and the punishment for the same would be imprisonment for 2 years or a fine, or at times, both. Further, if the forgery is committed with the intention of cheating, then the punishment will be imprisonment for 7 years and a fine. If the forgery is committed with the intention of harming the reputation of any party or knowing that the material would likely be used for such purposes, then the punishment would be imprisonment for 3 years and a fine. So, if someone commits any such activity (like forging a signature, email spoofing, etc.) using the dark web or on the dark web, then he/she will be punished accordingly.

Bharatiya Sakshya Adhiniyam, 2023 (replaced the Indian Evidence Act, 1872)

Section 2(e) of the Bharatiya Sakshya Adhiniyam, 2023

As per Section 2(e) of the Bharatiya Sakshya Adhiniyam, 2023 (hereinafter referred to as the BSA), evidence can be recorded in electronic form (also known as digital evidence). It means and includes-

1. All statements, including the one given in e-format with the permission of the court, or if it is necessary to be made in this format and is regarded as oral evidence, and
2. All the documents, including electronic or digital records, produced for the inspection of the court and such documents, are regarded as documentary evidence.

Section 32 of the Bharatiya Sakshya Adhiniyam, 2023

Further, Section 32 of the BSA, talks about electronic records in law of another country. Let us understand this with the help of an example.

Let us consider a scenario that involves the sale of illegal goods on the dark web. Say, there is a court in India that is dealing with a case wherein an individual is accused of buying or selling illegal drugs in the dark web marketplace. If the dark web server is hosted somewhere outside India or if the accused is a foreign national, the court may have to take into consideration the laws of that nation to ascertain issues like:

1. Whether such an act is legitimate in that nation?
2. What is the applicability of international treaties or agreements regarding cybercrimes in the dark web in that nation?
3. What are the extradition laws and the possibility of prosecuting the accused in India in comparison to the foreign nation? In such scenarios, this provision will come into play, and the court may have to refer to reports of court rulings, judicial precedents, books, and digital publications, etc., to form an opinion on how the laws are applicable to the crime and take into consideration the issues of international cooperation and the applicability of Indian laws to prosecute the crime in an effective way.

Section 57 of Bharatiya Sakshya Adhiniyam, 2023

Under Section 57 of the BSA, even digital evidence is now regarded as primary evidence. So, if any illegitimate activity is conducted on the dark web and if such information is readily available somewhere, one can use it as evidence in a court of law (as opposed to the previous Section 63 of the Indian Evidence Act, 1872, wherein digital evidence was regarded to be secondary evidence).

So, if any individual or organisation is found guilty of committing any illegitimate activities on the dark web, the following sections will come into play.

The Narcotics Drugs and Psychotropic Substances Act, 1985

Under Section 24 of the Narcotics Drugs and Psychotropic Substances Act, 1985, any individual who engages in dealing with narcotic drugs outside India will be liable to a rigorous imprisonment of not less than 10 years, which may be extended to 20 years and a fine of not less than Rs. 1 lakh which can be extended to Rs. 2 lakh (provided the court may for impose the fine, at times the fine may exceed 2 lakhs). The same provision will be applicable to individuals engaging in such activity on the dark web. 

Protection of Children from Sexual Offences Act, 2012

Child pornography is a serious offence under Sections 14 and 15 of the Protection of Children from Sexual Offences Act, 2012. The same provisions are applicable for crimes related to child pornography on the dark web.

Section 14 of the Protection of Children from Sexual Offences Act, 2012

Section 14, discusses punishment for using children for pornography. It states that using a child or children for pornographic purposes is a punishable offence. Any individual found guilty of the same will be punished for a jail term as prescribed, which may extend to 5 years, and also be liable to pay a fine. In case the same matter is repeated, the jail term will extend to 7 years, along with a fine.

Please note: There are 4 other punishments discussed in this Section, which are not related to the dark web as such. Please refer to the Bare Act for more information.

Section 15 of the Protection of Children from Sexual Offences Act, 2012

According to Section 15, any individual who stores for commercial purposes, any pornographic material, in any form, that involves a child, on the first conviction, will be held liable to serve a punishment of imprisonment for a minimum period of 3 years, which may extend up to 5 years, a fine, or both. In case of a second conviction, the person shall be liable to imprisonment for a minimum period of 5 years, which may extend up to 7 years, along with a fine.

Further, if anybody stores or possesses any pornographic material, in any form, that involves a child, and does not delete, or destroy, or resort to the concerned authority, with the intention of spreading it, shall be punished with a fine of a minimum amount of Rs. 5000/-. In case of a subsequent offence, such a person shall be punished with a fine of a minimum amount of Rs. 10,000/-.

Unlawful Activities (Prevention) Act, 1967

Several illegal activities, under the Unlawful Activities (Prevention) Act, 1967, are prohibited including-

Terrorism

Terrorism (discussed in Chapter IV of the Act) comprises of:

Section 15 of the Unlawful Activities (Prevention) Act, 1967

Section 15 talks about terrorist acts, and this Section is applicable to cyberterrorism as well. It states that any individual who tries to threaten or is likely to threaten the unity, integrity, security or sovereignty of the nation and causes death and injuries to individuals, or damage and destruction to properties, or causes disruption of any supplies or services essential to the life of the community in India or in any foreign country, or the like, will be regarded to have committed a terrorist activity. If someone is using the dark web for selling and distributing illegal weapons, explosives or hazardous substances or uses the dark web for carrying out communications anonymously or to recruit members and spread propaganda to instil fear or incite violence, then this Section comes into play.

Section 16 of the Unlawful Activities (Prevention) Act, 1967

Section 16 discusses punishment for terrorist activity. It states that if the act caused the death of the individual, then the person committing such an activity shall be punished with a death sentence or imprisonment for life, and also a fine. Further, in other cases, an individual committing any act of terrorism will be liable to face punishment of not less than 5 years, which can be increased to life imprisonment and a fine.

Section 17 of the Unlawful Activities (Prevention) Act, 1967

Section 17 talks about punishment for raising funds for terrorist acts. It states that if an individual in India or in a foreign nation either directly or indirectly raises or provides funds or collects funds, whether from a legitimate or illegitimate source, from any individual or individuals or makes an attempt to provide to, or raises or collects funds for any individual or individuals knowing that such funds are much likely to be utilised for completely or in part by such individuals or individual terrorist or terrorist organisations or terrorist gang to commit a terrorist act, notwithstanding whether such funds were actually used or not for commission of such act, will be punishable for 5 years of imprisonment expandable to lifetime imprisonment and also fine. If an individual raises funds for any activity by using the dark web, this Section will come into play.

Section 18 of the Unlawful Activities (Prevention) Act, 1967

Section 18 talks about the punishment for conspiracy. It states that whoever conspires or attempts to “commit, or advocates abets, advises or (incites, directly or knowingly facilitates)” commits a terrorist act or any act preparatory to the commission of a terrorist act, will be liable for imprisonment for a term not less than 5 years and expandable for a lifetime imprisonment and also fine. So, if an individual performs any of the aforementioned activities by using the dark web, this Section will come into play.

Section 18A of the Unlawful Activities (Prevention) Act, 1967

Section 18A mentions punishment for organising terrorist camps. It states that whoever organises or causes to organise any camp or camps for training individuals for conducting terrorist activities will be liable to a punishment for a term not less than 5 years, extendable to life imprisonment, along with a fine.

Section 18B of the Unlawful Activities (Prevention) Act, 1967

Section 18B talks about punishment for recruiting any person or persons for terrorist acts. It states that whoever recruits or causes to recruit any individual or individuals for committing any terrorist activities will be liable to a punishment for a term not less than 5 years, extendable to life imprisonment, and also will be liable for a fine. So, if such an incident occurs on the dark web, this Section comes into play.

Section 19 of the Unlawful Activities (Prevention) Act, 1967

Section 19 states that any person will be held liable for punishment for harbouring or concealing or making an attempt to harbour or hide any individual having complete knowledge that such an individual is a terrorist. The punishment for the act will be imprisonment of not less than 3 years, extendable to life, and also a fine. So, if anyone commits such activity through the dark web, then this Section is involved.

Did you know? This Section is not applicable to any case in which the harbouring or concealment is done by the spouse of the offender.

Section 20 of the Unlawful Activities (Prevention) Act, 1967

Section 20, which discusses punishment for being a member of a terrorist gang or other such organisations, states that if any person is a member of a terrorist gang or organisation and is involved in a terrorist act, then the person will be liable to imprisonment for a term extendable to life and also a fine. If anyone engages in such activity through the dark web, then this Section is involved.

Section 21 of the Unlawful Activities (Prevention) Act, 1967

Section 21 talks about punishment for holding proceeds of terrorism and states that if any individual knowingly holds any property derived or obtained from the commission of any terrorist activity or acquires it via terrorist funds, will be punished for a term that may extend to imprisonment for life and also a fine. If anyone engages in any such activity by using the dark web, then this Section comes into play.

Section 22 of the Unlawful Activities (Prevention) Act, 1967

Section 22 talks about punishment for threatening a witness or any person such a witness may be interested in. With violence or by wrongfully restraining or confining the witness or any person the witness may be interested in or commits any act with the intention of causing any of the aforementioned acts, will be liable for a penalty. The punishment for the same would be imprisonment extendable to 3 years and also a fine. If anyone engages in such an activity through the dark web, then this Section would be involved.

Being a member of an unlawful association

Being a member of an unlawful association (discussed in Chapters II and III of the Act) is restricted under-

Section 3 of the Unlawful Activities (Prevention) Act, 1967

Section 3 talks about the declaration of an association as unlawful by the Central Government at their discretion. The same will be applicable to group activities on the dark web.

Section 4 of the Unlawful Activities (Prevention) Act, 1967

Section 4 talks about reference to the Tribunal. If the Central Government opines any activity is illegitimate, then they must, within 30 days from the date of publication, refer the notification to the Tribunal to ascertain whether or not there is a sufficient cause for considering the association unlawful. So if the Central Government believes that any activity on the dark web is illegitimate, they can refer to the Tribunal, provided the conditions are fulfilled.

Section 7 of the Unlawful Activities (Prevention) Act, 1967

Section 7 talks about the power provided to the Central Government, to ban the usage of funds of an unlawful association. This includes activities related to the dark web.

Section 8 of the Unlawful Activities (Prevention) Act, 1967

Section 8 talks about the power provided to the Central Government, to inform authorities about places that are used for the purpose of an unlawful association. This includes activities related to the dark web.

Section 10 of the Unlawful Activities (Prevention) Act, 1967

Section 10 talks about the penalties for being a member of an unlawful association (even on the dark web) and the punishment for the same ranges from 2 years to life imprisonment. They are as follows:

1. Punishment for being a part of such an association: Imprisonment extendable for 2 years and a fine.
2. Punishment for continuing to be in such an association and the same has caused demise: Death penalty or life imprisonment or fine.
3. Punishment for continuing to be in such an association and there being no demise: Imprisonment of not less than 5 years, which may be extendable for life, and a fine.

Section 11 of the Unlawful Activities (Prevention) Act, 1967

Section 11 talks about penalties for dealing with funds of an unlawful association and states that the same activity is punishable with imprisonment for a term extendable up to 3 years or with a fine, at times, both. Further, the court may also impose a penalty on the individual with an additional fine as the court deems fit.

Section 12 of the Unlawful Activities (Prevention) Act, 1967

Section 12 talks about the penalty for contravention of an order made in respect of a notified place. Under this Section, any individual who uses any article in infringing a prohibitory order (made under sub-section (3) of section 8) shall be penalised for imprisonment for a term extendable to 1 year and also a fine. Further, any individual having complete knowledge and willfully is in, or effects or tries to effect entry into, a notified place in infringing of an order (made under sub-section (4) of section 8) shall be liable for a punishment which can be extended to 1 year and also a fine.

Section 13 of the Unlawful Activities (Prevention) Act, 1967

Section 13 talks about punishment for unlawful activities. It states that any individual who takes part in or commits, or “advocates, abets, advises or incites the commission of, any unlawful activity” shall be liable for serving a punishment for a term that may extend to 7 years and also will be held liable for a fine. Further, if any individual, in any manner, assists or engages in any unlawful activity of any association (declared under Section 3 after the notification by which it has been so declared has become effective under sub-section (3) of that Section), will be held liable for a term extendable to 5 years or with a fine. At times, the individual may be charged with both, i.e., imprisonment and a fine. Furthermore, it is stated that nothing in this Section will be applicable to any treaty, agreement or convention entered into between the Government of India and the Government of any other country or to any negotiations therefore carried on by any person authorised on this behalf by the Government of India.

Please note: There are no Sections directly related to the dark web and terrorism under the Unlawful Activities (Prevention) Act, 1967. However, the above Sections would apply to criminal activities that could be conducted on the dark web as well.

Information Technology Rules (IT Rules)

The Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011

As per these Rules, companies that store personal, sensitive data of individuals must take certain measures and follow proper security standards to safeguard it from being hacked or leaked.

The Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules, 2021

In order to maintain the safety of online users’ data, the Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules, 2021, governs the role of intermediaries, including social media intermediaries, in preventing the transmission of harmful content on the internet.

The Information Technology (Guidelines for Cyber Cafe) Rules, 2011

As per the Information Technology (Guidelines for Cyber Cafe) Rules, 2011, cybercafes must register with an appropriate agency and maintain a record of users’ identities and their internet.

The Information Technology (Electronic Service Delivery) Rules, 2011

The Information Technology (Electronic Service Delivery) Rules, 2011, provides the Indian Government with the authority to specify the delivery of some services, like applications, certificates and licences in electronic form.

Information Technology (The Indian Computer Emergency Response Team and Manner of Performing Functions and Duties) Rules, 2013 (the CERT-In Rules)

The Information Technology (Indian Computer Emergency Response Team and Manner of Performing Functions and Duties) Rules, 2013 (the CERT-In Rules) provide numerous ways for CERT-In to work. 

As per Rule 12 of the CERT-In, a 24-hour incident response help desk must function 24/7. Any individual, organisation, or company can report any illegitimate online activities that they have witnessed or any cybersecurity incidents they have seen or suffered therefrom. These Rules provide an Annexure mentioning certain incidents that must be reported to Cert-In immediately.

Please note: All these Rules are applicable to crimes that occur on the dark web and a user, if caught, can be prosecuted under the same.

Companies Act, 2013

As a part of the Companies Act, 2013, the Serious Fraud Investigation Office (SFIO) is responsible for and is given powers to investigate and levy punishment on all serious fraudulent activities committed by Indian companies and their directors. The same provision will be applicable if the crime takes place on the dark web.

Steps taken by the Indian Government to protect the nation from cyber threats

In the G-20 conference of June 2023, that took place in Gurugram, Mr. Amit Shah stated that critical information and financial systems are being strategically targeted, which poses a direct threat to national security, law and order, as well as the economy of India. He shed light on the importance of moving beyond traditional geographic boundaries to fight the issue of cyber crimes effectively. He also stressed on the need for digital trust and the legitimacy and sovereignty of nation-states, while warning against both excessive freedom and isolationist approaches in the digital space.

Further, to address these issues, he stated that the Indian Government has been taking several steps including- 

1. Developing a uniform cyber strategy,
2. Real-time reporting of cybercrimes,
3. Capacity building of law enforcement agencies,
4. Establishment of forensic laboratories,
5. Prompting cyber hygiene, and
6. Widespread cyber awareness.

He also stated that India has implemented the Crime and Criminal Tracking Network and System (CCTNS) in all police stations and has set up the Indian Cyber-Crime Coordination Center (14C) to ensure a comprehensive response to cybercrime.

Importance of these laws in relation to using the dark web

1. They help prosecute criminals who engage in illegal activities (like cyber abuse, assaults, theft of data, etc.,) on the dark web.
2. In case of violation, he/she is prosecuted based on the involvement of the individual and how he/she was involved in the crime, thus creating a deterrence effect.
3. Since numerous crimes and criminal activities are beyond the reach of a felony, prosecuting such criminals is of utmost importance, which is where such laws come into place.
4. The dark web is infamous for being associated with security concerns and there are numerous individuals who use it for illegitimate purposes like accessing one’s computer devices or hacking electronic devices or committing fraud using someone’s data. Considering all this, such rules play a significant role in averting dark web users from engaging in digital crimes, malicious cyber-attacks, etc.

Importance of implementing explicit laws related to dark web usage in India

Implementing explicit laws related to dark web usage in India is of significant importance because of the following reasons:

To address security concerns

The dark web presents a great security risk to India due to its potential use in facilitating illegal activities like drug trafficking, arms and ammunition trading, pornography, hacking, and other such organised crimes. Implementing specific laws will help authorities to monitor and curb such threats to a huge extent.

Protecting citizens from cybercrime

The dark web often acts as a medium for various cybercrimes, including hacking, identity theft and the sale of goods and services. Having specific laws that target dark web activities can enhance cyber security and protect citizens from falling prey to such crimes.

Regulating and monitoring activities on the dark web

While using the dark web in itself is not illegal in India, there are some individuals who use it for conducting illegal activities. Establishing clear sets of rules can help in distinguishing between legal and illegal usage, thus leaving room for efficient enforcement and monitoring of such acts by the authorities. This will also help in providing legal clarity which will help law enforcement agencies to punish offenders more efficiently. Clear legal frameworks, further, will act as a deterrent to potential offenders who may otherwise use the dark web or exploit it to commit illegal activities.

International cooperation

Cybercrime often transcends national borders, and having specific laws that can facilitate cooperation with other countries in handling cross-border cybercrime would help in tracking and prosecuting criminals who use the dark web to operate internationally​.

Fighting child exploitation

As reiterated time and again, the dark web is infamous for hosting content related to child exploitation. Having explicit laws relating to such matters will help the authorities to take quick action against those who engage in such nefarious activities and prosecute such individuals, thereby deterring them from being involved in such acts, thus helping protect the vulnerable population.

Providing legal recourse for victims

Having crystal clear laws can act as a mechanism for victims of such crimes to seek justice and be compensated accordingly, thus ensuring that they have a legal pathway to address the harm caused by such activities.

Is using the dark web illegal: a global perspective

Partially legal

Is using the dark web illegal in the United States of America (USA)

In the USA, using the dark web is legal in itself, even though it redirects users or allows them to gain access to contraband and illegal activities. As a matter of fact, all such activities that take place on the dark web are illegal even if accessing the dark web is not illegal in the first place.

Is using the dark web illegal in the United Kingdom

Just  like other countries, using the dark web is not illegal in the UK, but conducting illegal activities on the dark web (like purchasing illegal goods or services) will be illegal and thus punishable in accordance with the rules in that state wherein the crime took place or accordingly.

Is using the dark web illegal in Germany

In Germany, using the dark web is not illegal per se. However, any illegal activity (like drug trafficking on the Hydra Market)  committed on the dark web will still be regarded as illegal.

Illegal

Is using the dark web illegal in Russia

Since the ongoing conflict between Russia and Ukraine (aka the Russo-Ukrainian War), Russia has started to tighten its grip on the usage of the dark web and on VPN services like Tor.

Is using the dark web illegal in Iran

Iran is one of those countries that restricts the use of the dark web by its citizens and often completely shuts down the internet, especially during intense civil discourse. Simply put, it has strict laws against the use of dark website tools like Tor.

Is using the dark web illegal in North Korea

Using the Internet, let alone the dark web is heavily restricted in North Korea. The Korean Government monitors and tightly controls online activities and restricts content that contravenes its laws and values.

Instances and cases of crimes related to the dark web: a global perspective

Due to anonymous chat rooms and communications that the dark web offers, a lot of planning and coordinating of dangerous criminal and terrorist activities take place there. For example, it is known to host hackers and hitmen for hire. An instance of the same could be one that took place in April 2021. An Italian man was arrested for hiring a hitman on the dark web to attack his ex-girlfriend by throwing acid on her and forcing her into a wheelchair. A press release was issued by Europol, stating that the Italian national paid €10,000 worth in bitcoins, to hire the hitman from an internet assassination website hosted on a Tor network. Let us look at some other such instances that have taken place across the world.

San Francisco websites

In 2020, a website named Azerbaijani Eagles offered to murder an individual in exchange for $5000. Further, the site ‘Slayers Hitmen’ provided options like-

1. Beating a person for $2,000,
2. Death by torture for $50,000.

Please note: Law enforcement officers and experts who have studied such websites claim that most of these so-called dark web pages are simply scams. Having said that, people do hire hitmen through websites that are genuine.

Illinois case

A nurse from Illinois was sentenced to 12 years of imprisonment because she spent $12,000 in bitcoins on a dark web company to hire a hitman to get the wife of her boyfriend killed.

Dark web and terrorist organisations

Terrorist organisations like ISIS have been known to make use of the dark web to a huge extent to carry out their nefarious activities like spreading the news, recruiting new members, radicalising, and even raising funds in a discreet manner. The media outlet of ISIS, named Al-Hayat Media Center, shared a link on their forum that talked about how to access the website on the dark web. It also shared the same details on their Telegram channel and the message had links to a Tor service with an ‘.onion’ address.

WHO and the dark web

In March 2021, the WHO (World Health Organisation) issued a warning to alert people against the sale of fake COVID-19 vaccines, especially the ones sold on the dark web. In the warning, WHO requested people to rely only on those vaccination programs that were run by the government.

Instances of successful takedown of dark websites all across the globe

OpParis campaign

As part of the Operation Paris (OpParis) campaign that was launched by the amorphous hacker collective, Anonymous, after the 2015 attack that took place in Paris, hundreds of websites that were associated with the dark web were taken down.

DEER.IO website

A Russian citizen named Kirill Victorovich Firov was sentenced to 30 months in custody for acting as an administrator for a website where he sold stolen credit cards, personal information, and other such data on the dark web, and such information was further used for criminal activity, as stated by a US Department of Justice (DoJ) release on 24th May 2021. The now-defunct online platform, DEER.IO, started operating at least in October 2013. By Firsov’s arrest in March 2020, the platform hosted about 3000 active stores with sales that exceeded $17 million. Further, even when Firsov stated that the sale of data was of Russian accounts, the parties agreed that the government could show that at least $1.2 million worth of stolen US data was sold. It was discovered that DEER.IO not only sold details of gamer accounts but also the personal information of Americans, such as their names, addresses, telephone numbers, and even social security numbers at times.

The shutdown of Slilpp

In June 2021, the Tor-based market on the dark web, called ‘Slilipp’, was shut down. Slilpp was responsible for dealing with stolen details on the dark web and offering its users access to as many as 1,400 websites, 80 million accounts, and services worldwide.

The FIN7 group

An individual of Ukrainian origin, who had links to the cybercrime group FIN7, was ordered to serve 7 years of imprisonment and pay $2.5 million. This group is said to be responsible for stealing more than $1 billion from US citizens alone (the computer networks of businesses of all 50 states and the District of Columbia, were hacked into, and more than 20 million customer card records, from over 6,500 individual point of sale terminals, at more than 3,600 separate business locations, were stolen), and there were several organisations that were selling them on the dark web. As per the court’s documents, the victims of this scam underwent enormous costs (as stated above, it was estimated to go beyond $1 billion). Further, several intrusions took place in foreign nations, including in the United Kingdom, Australia, and France. Companies who have publicly disclosed hacks attributable to FIN7, include Chipotle Mexican Grill, Chili’s, Arby’s, Red Robin, and Jason’s Deli.

The FANCYCAT scam

The Ukrainian police, in June 2021, made an announcement that advanced data analytics used by the Binance cryptocurrency exchange, helped them track a money launderers’ group that operated under the name of FANCYCAT. This group had the involvement of numerous criminals and had performed several criminal scams, including laundering money for dark web operators and also the ‘Clop ransomware’ scam.

The arrest of ‘Dr. Hex’

Acting under the signature ‘Dr. Hex’, a suspect who was involved in a series of cyber-frauds related to banks, telecom, and multinational corporations, was arrested by the Moroccan police on 6th July 2021, as a part of Operation Lyrebird. The suspect had attacked thousands of victims through phishing, and credit card fraud and launched malware campaigns against the corporate networks of French-speaking communications companies. He was also accused of defacing numerous websites by making changes in their appearance and content and further targeting French-speaking communications companies, multiple banks and multinational companies with malware campaigns.

Under Operation Lyrebird, INTERPOLS Cybercrime Directorate worked quite closely with Group-IB and the Moroccan Police, through the INTERPOL National Central Bureau in Rabat, to eventually track down and get a hold of the person who was behind such despicable activities. This person was taken into the custody of the police for further investigation.

The inaccessibility of dark websites previously maintained by REvil

In 2021, websites on the dark web that were previously maintained by the REvil gang became unreachable all of a sudden. As per an article in The Guardian, there are speculations that this could be due to the restrictions imposed by law enforcement agencies or the gang must have decided to separate of their own will.

Did you know? The REvil gang is the cybercriminal gang that took credit for the massive international ransomware outbreak, which took place on the Kaseya IT Management software on 2nd July 2021.

How are dark web crimes investigated

As reiterated time and again, it is quite difficult to track dark web activities, due to its anonymous nature. However, authorities try to investigate these crimes by using several traditional and forensic techniques to uncover, prosecute and deter criminals from conducting such activities again. Some of them are as follows:

1. Going undercover to infiltrate dark web marketplaces (like Silk Road),
2. Using blockchain analysis to trace transactions,
3. Using cyber forensics and seizing computers, servers, and other such digital devices, to track IP addresses and examine network traffic to identify the source of such illicit transactions,
4. Law enforcement agencies exploit vulnerabilities by using software to gain access to hidden servers or to de-anonymize users​.

Challenges faced by authorities to regulate usage of the dark web

Encryption technique and anonymity

This can be considered as one of the biggest challenges faced by authorities, law enforcement agencies and policymakers (in India as well as across the globe), as the dark web is completely anonymous and conceals everyone’s identity. The environment on the dark web is completely anonymous, thus making it difficult for enforcement agencies to get any information that would help fight cyber crimes and track criminals who exploit the dark web and use it for such despicable crimes.

Cryptocurrency

Apart from strong encryption techniques, most financial transactions on the dark web are performed by using cryptocurrencies, as they provide anonymity. Several financial transactions on the dark web are performed through digital money like cryptocurrencies, which provide further anonymity. The technology of cryptocurrency called the blockchain, is a digital ledger of transactions that is distributed across the network, where the blocks are cryptographically secure. It stores details in a manner that makes it challenging or nearly impossible to make amends or hack the system. Further, the use of cryptocurrencies for funding illegitimate activities on the dark web has made it quite tough for law enforcement agencies to follow the trail of money in order to collect evidence and proof that a certain crime was committed. Law enforcement agencies can only regulate that part of cryptocurrencies that is legitimate, whereas a major portion of it is still used for illegitimate purposes.

For instance, the Darkside Group of Hackers responsible for the Colonial Pipeline ransomware attack made a demand of $5 million in cryptocurrency. Also, in July 2021, the REvil ransomware gang targeted IT firm Kaseya and several other businesses worldwide and even dictated ransom to be paid in the form of cryptocurrency bitcoin. 

Monitoring cryptocurrency chains would require a well-defined categorisation of centralised and decentralised roles in financial transactions. Further, blockchain, which is the underlying technology of cryptocurrencies, is still an emerging technology with a demand for more expertise in the field.

Bitcoin transactions

Bitcoin transactions have facilitated all sorts of illegitimate activities by cyber criminals and terrorists on the dark web, which has led to law enforcement agencies facing difficulties in following the trail of money to collect evidence related to a crime. Regulation of cryptocurrencies is possible only to the extent of their legitimate uses, while a large portion of them can still be used for illegitimate purposes. 

Cyberterrorism

There is no universal definition of cyberterrorism, which makes it more difficult for intelligence agencies to ascertain the jurisdiction of the crime taking place. 

Multi-faceted dangers

The perils of cyberspace are multi-faceted and most of the threats are interlinked with one another.

Short-lived nature

Another major challenge with respect to the dark web, especially on a global level, is that most of the dark websites are active for a span of 200 days to a maximum of 300 days. Some websites even last for a period of less than 2 months, thus making it even more tedious to track them.

How to access the dark web safely

Irrespective of whether someone is a businessman, a parent or any other user of the dark web, one must take precautions to keep one’s information private off the dark web. If one really wishes to access the dark web and has a legitimate or viable reason to do so, one must ensure to do it safely. Mentioned below are some tips to access the dark web safely.

Protect yourself online

While using the dark web in itself is not illegal per se, one must exercise proper caution and adhere to all the set laws and regulations governing such online activities. It is essential that individuals stay well aware while using the dark web and be well acquainted with the risks associated with it. As reiterated time and again, using the dark is not illegal, especially in India. However, one has to be certain that they are not engaging in illegal activities, as such acts are strictly prohibited and punishable by law. It is crucial that individuals stay up to date regarding the legal implications of their online activities and make use of the internet with utmost scrutiny and in an ethical manner.

Also, one must be aware of scams that occur on the dark web, such as phishing scams. One must be cautious of suspicious links or requests for personal information, as phishing scams are quite common on the dark web.

Trust your intuitions

In order to avoid being scammed on the dark web, one must take the initiative to protect oneself. Not everyone is who they seem to be. Users must be cautious of who they interact with and remove themselves from a situation that seems even remotely suspicious.

Detach your online persona from real-life

While using the dark web, one must ensure they do not use their real name, email address password, or even credit card information. Creating a brand new account that in no way reveals one’s identity is quite important when it comes to accessing the dark web safely. One must completely refrain from revealing their identity on such websites. Further, if one needs to communicate on the dark web, one must use encrypted messaging services to protect their privacy.

Employing active monitoring of identification of financial theft

There are numerous online security services that offer identity protection for an individual’s safety. One must avail of such benefits, especially while accessing the dark web.

Avoid dark web file downloads

If one accesses the dark web, they must ensure that they do not download any files that may have a malware infection. In case there is a need to download it or one opts to download the file, they must scan the incoming files with antivirus software to ensure that the file is virus-free.

Disabling ActiveX and Java settings

These frameworks are notorious for being probed and exploited by malicious parties. Since while using the dark web, one is travelling from one network to another filled with threats, this step is crucial.

Using a secondary non-admin local user account for all daily activities

Using a secondary non-admin local user account for everyday tasks is recommended. By default, the primary accounts on all computers will have full administrative permissions. Most malware takes advantage of this, to carry out its operations. Thus, restricting the active account to limited privileges can effectively impede or prevent exploitation attempts.

End-user protection against exploitation by the dark web

Identifying and monitoring theft 

Identifying theft is crucial if one wants to keep their life private and avoid their information from being misused. All types of personal information must be kept private, as it can be leaked online for profit. All sorts of passwords, physical addresses, bank account numbers, Aadhar and PAN card numbers, etc., must be protected at all costs. Such details can be used to perform several activities, like harming credit, engaging in financial theft, breaching one’s online accounts, and leaking one’s personal data, which can also lead to damaging one’s reputation and identity through social fraud.

Antimalware and antivirus protections

Installing authentic antimalware and antivirus protections are of equal importance, to avoid being exploited. It is crucial to understand that the dark web witnesses rampant information theft from malware-infected users. Attackers can make use of tools like keyloggers, together with someone’s personal information, and infiltrate one’s system on any part of the web.

Always create backups

An individual should copy and store all valuable data on a safe device (say, a pen drive, a hard disk, a Google Drive folder, etc.,) to prevent data loss, in case of an accident.

Did you know? Websites, device drives and even web servers can be backed up.

Keeping all tools, software, and OS up to date

One must always keep their tools, softwares, and operating systems up to date. Computer systems that are unpatched against undiscovered holes in their programming, are more likely to be vulnerable and affected by scams, hacking and other such issues. Software developers regularly investigate such weaknesses and let out updates when it comes to such issues and one must always protect their devices by regularly accepting these updates.

The new way forward

The dark web has quite a complex environment, with its own set of advantages and disadvantages based on whether any activity is utilised or exploited by the user. It is quite a complicated environment that has its own set of benefits and setbacks based on whether it is used in a legal manner or exploited in an illegitimate way. Darknet helps protect an individual’s right to freedom of information and online privacy. Thus, it is often used by journalists and other activists across the world, to communicate safely and securely. At the same time, it is misused by miscreants, thus leading to a series of criminal activities. This is why a nuanced approach by law enforcement agencies is crucial for protecting the benefits of the dark web as well as eliminating the illegitimate activities that take place through such websites. A close cooperation between public and private organisations can prove to be fruitful in dealing with the new and advanced technological challenges of the dark web by giving innovative solutions like new encrypting tools, etc. Law enforcement agencies must actively seek assistance from technology like AI (artificial intelligence), and machine learning, inter alia.

With regards to the repeated data breaches and criminal activities discussed above, there has to be an explicit regulation implemented related to the amount of data that can be collected by different organisations and their automatic deletion after a specific time period. This would increase the efficiency of cyber systems, secure the data, and prevent such incidents in the future to a great extent. The challenges of the trans-border nature of the dark can be dealt with by sharing intelligence data across several sectors, agencies and organisations. International cooperation in the form of multilateral exchanges through seminars, forums and joint capacity building exercises can prove to be highly beneficial in this regard.

Should the usage of the dark web, VPNs, and such browsers be banned

Restricting access to the dark web will not be a solution enough, rather, one must be educated on how to use the dark web safely and how one can really use it for the advancement of themselves as well as our society. While there are some individuals who may use the dark web to commit crimes, there could be some individuals who may simply want to explore the dark web out of curiosity and for legitimate purposes without any intention of infringing the rules and regulations of their nation. Considering all this, it is quite important that individuals are educated on the benefits and risks of using the dark web. On one hand, the dark web may act as a platform for criminal activities like theft of data, drug and human trafficking, etc., there are some individuals who visit it to express their opinions freely or for research purposes, inter alia. Enlightening them about the risks of using the dark web will help prevent them from inadvertently engaging in illegal transactions and visiting websites simply out of curiosity. Nonetheless, anyone who wants to commit the crime will do so, irrespective of their knowledge of the dark web’s legality. Such an approach is analogous to advocating for sex education in India, where teaching the right and wrong things can alleviate the potential for self-directing learning and diminish the likelihood of individuals engaging in criminal behaviour out of curiosity or interest.

Further, banning the usage of the dark web or making it inaccessible, would be quite impractical, especially if we take into consideration its substantial presence on the internet and the top-notch features it offers, such as:

1. Anonymity– Allows users to access it without fear,
2. Privacy– Allows users to communicate securely and protect their data,
3. Community and forums– Allows users to connect to individuals of their niche or to support groups or forums for individuals who are going through similar things or share similar situations,
4. Research and development– Allows users to securely research and gain access to a plethora of information that would otherwise be not accessible on the surface web and serves as a testing ground for developing new technologies related to privacy and security,
5. Unrestricted access– Allows users to access information that could be censored or banned in their nation, thus providing them access to a broad range of knowledge, perspectives and concepts,
6. Access to marketplace– Allows users to gain access to marketplaces that offer a wide range of goods and services that can be bought and sold, including those items that may not be easily available on the surface web and rare niche items, etc.

Looking at this, the most effective approach would be to enlighten individuals about the dark web, thereby diminishing the allure of exploring it for nefarious purposes and potentially mitigating the occurrence of criminal activities among those who are simply curious or interested. Apart from this, while the dark web presents several challenges related to untraceable criminal activities, addressing this issue requires a multifaceted approach that includes education, awareness-rising and implementing proper systems for a safer, more responsible digital environment.

Suggestions to regulate the usage of the dark web

Mentioned below are some of the tips that can be implemented for a robust framework to regulate the dark web, thus protecting its citizens and ensuring a safe and secure digital environment.

Develop a system that bans freely available VPNs

The government can create an authority under the IT Act, 2000, that investigates such matters, considering the ever growing rate of such activities. Further, the government may create a mandatory charge for VPN registration to regulate usage of dark web.

Developing close cooperation between public and private organisations

Developing a close cooperative relationship between public and private organisations can help in dealing with the new and emerging technological challenges that the dark web brings with it. One can provide solutions like setting up a new encrypting tool, etc.

Fostering international cooperation in the form of multilateral exchanges

Fostering international cooperation in the form of multilateral exchanges can help in dealing with issues related to the dark web that are trans-border in nature.

Adopting the China model

Several security experts have stated that there is a dire need to adopt the ‘China mode’, especially in a country like India, wherein, the great firewall of China bans Tor traffic. Having said that, the establishment of the Incredible Firewall of India will deliver a significant blow to the thriving darknet criminal activities.

Additional key points

1. Darknet assists in safeguarding an individual’s right to freedom of information and protects one’s online privacy. This is useful for journalists and other activists all across the world for communicating in a manner that is safe and secure. However, at the same time, it is manhandled by miscreants, thus leading to a series of criminal activities.
2. Law enforcement authorities must create a balance between protecting the benefits that the dark web offers and eliminating illegal activities. They can do so by taking a refined approach to address this issue.
3. Cooperating between public and private organisations can assist in handling new and emerging technological challenges of the dark web, by providing solutions such as new encrypting tools, etc. Also, law enforcement agencies must actively take assistance from sophisticated technologies like artificial intelligence (AI), machine learning, etc.
4. Implementing specific limitations and regulations on the amount of personal data that is collected by companies and their automatic deletion once the work is done and/or after a specific time period, could increase the effectiveness of cyber systems to secure one’s personal data and prevent future incidents from taking place to a large extent.
5. The challenges related to the trans-border nature of the dark web can be dealt with by sharing intelligence data across different sectors, agencies and organisations.
6. International cooperation in the form of multilateral exchanges through seminars, forums, and joint capacity-building exercises can prove to be quite an advantage in this regard.

Some points to know about using the dark web: a quick recap

1. The dark web refers to that part of the internet that has encrypted online content that is not indexed by conventional search engines like Google, Safari, etc.
2. To access the dark web, one has to use specific browsers like Tor, I2P- The Invisible Internet Project, Freenet, etc.
3. The dark web indexes sites that are not usually shown online, like bank accounts, email accounts, and databases.
4. The dark web is also known for being associated with illicit and unethical activities.
5. The use of the dark web in India is mainly governed by two Acts, namely:

1. The Information Technology Act, 2000, and 
2. The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (inter alia, as discussed above).

6. As defined by the Acts, the dark web refers to any content, information or communication that is accessible on the Internet, through the public domain. This may include websites that do not index via the traditional search engines, but can be accessed by using some softwares or some sort of configuration.
7. Using the dark web for illegal activities like hacking, illegal drug trafficking, trading in stolen personal data and other such criminal acts, is strictly restricted. If caught, the individual committing such an activity will be liable for a punishment.
8. Any individual or entity or organisation found to be using the dark web for illegal activities will be subject to investigation, prosecution and appropriate legal action.

Conclusion

To sum up this article, we can safely state that accessing the dark web is not illegal in India. It is just another part of the internet that one uses via browsers like Tor, Freenet, etc. However, this does not mean one is free to do whatever they want or carry out any illegal activity the way they wish to. One should surely maintain some limitations on the activities they conduct on the dark web. 

Further, there is a common misconception that the dark web is only used for conducting criminal activities. This is surely not the case (you may refer to the legal uses of the dark web in the above passages to know why), as the dark web comes with its own set of pros and benefits. Individuals use the dark web to explore that part of the internet, which they otherwise could not have on the surface web. They can use it to read books and PDFs, gain knowledge on certain matters, have private chats that they do not want other individuals to have access to and to voice out one’s opinions, especially if they are a journalist, activist or lawyer, by virtue of the anonymity provided by the dark web (thus, they have no fear of being caught or lashed out for sharing their views and can do so without being worried about the consequences). Nonetheless, it is also used for illegal activities like drug trafficking, child pornography, etc. 

You may wonder, if there are illegal activities taking place on the dark web, why has the government not banned its usage, and why would one regard it to be legal? Well, there is no straight jacket answer to this, but when we say using the dark web is legal, it means, one can use the browsers to access information and do other legal activities, which they otherwise possibly would not be able to, since the same is not available on the surface web. If one is using the dark web for illegal activities, then such usage will definitely be regarded to be illegal. 

Moreover, one should always make a mental note that when they use the dark web, they must do it with proper scrutiny. Failure to do so may lead to severe hazards and threats, both to one’s life and devices. One wrong click can put one’s whole life at stake. Most of the dangerous crimes take place on the dark web, which is why one must be very careful in considering what would be fair and legal and what would be illegal (as discussed in detail above). Considering this, it is crucial that policymakers, law enforcement agencies and other stakeholders join hands to find solutions to these problems. The strategy may include enhancing legal frameworks and regulatory mechanisms to fight issues related to cybercrime on the dark web, and promoting digital literacy and awareness among citizens. Eventually, the connection between Indian law and the dark web emphasises the dire need for a holistic approach that maintains a balance between the protection of individual rights and freedoms, along with protecting public safety and security.  By taking into consideration such dynamic approaches and staying abreast of emerging challenges, nations can avert the risks related to the dark web, which in turn will help build a safe, secure and digital environment for its citizens.

To conclude, we can say that while accessing the dark web is not simply banned or restricted by the government, individuals who use it must ensure that their activities are in adherence with the legal and ethical standards set forth by rules and regulations of their country. By doing so, users of the dark web mitigate potential dangers and protect themselves from having their names involved in illicit activities.

Frequently Asked Questions (FAQs)

Is it legal to access the dark web in India?

As mentioned above, the legality of accessing dark web in India is a bit of a grey area. Even though there are no rules and regulations explicitly that prohibit or allow the dark web, it is crucial that one understands that engaging in any illegal activity on the dark web like buying illegal drugs or arms and ammunition or lethal weapons is definitely illegal.

In simple words, it is not illegal to access the dark web, in fact, some uses are perfectly legal and support the value of the ‘dark web’. Here, individuals can get 3 main benefits, namely:

1. User anonymity,
2. Virtually untraceable services and sites,
3. The ability to take illegal actions for both the users and the providers.

As such, the dark web is known to be a ground for several individuals who would otherwise be endangered by revealing their identities online, including:

1. Abuse and persecution victims,
2. Whistleblowers,
3. Political dissidents who use such hidden sites quite frequently.

However, as stated time and again, there are high chances that these benefits will be extended to those who want to do something illegal. When viewed through this lens, the legality of the dark web is based on how a user is actually engaging with it. One might fall to the wayside of legal lines for several reasons that are crucial for protecting one’s freedom, whereas, other individuals may act in a manner that is illegal for the protection and safety of others.

Further,  for government critics and outspoken advocates, it would be quite a backlash if their identities were revealed. Additionally, for individuals who have undergone harm at the hands of others, the dark web is a safe place to express the occurrence, as they would never want their attacker to discover the conversation about the event. So, if an activity is said to be illegal by the governing bodies, then it will be considered illegal; otherwise, it would be completely legal to access the dark web (provided it is for legal usage). Simply put, browsing the spaces is not illegal but can land you in trouble, at times. So, even though it is not illegal as a whole, unsavoury activity does live in several parts of the dark web. It can expose a person to unnecessary risk and trouble if he/she is not vigilant and advanced enough.

Can I get in trouble simply by browsing the dark web?

Even though browsing the dark web is not illegal per se, if an individual comes across any illegal activity or commits any such act, there is a chance that he/she may get into trouble. It is important to be careful and avoid engaging in any illegal activities while exploring the dark web.

Can I access and use the dark web for legal purposes without infringing the law?

Yes. There are several individuals and organisations who use the dark web for legitimate purposes like gaining access to anonymous communication channels, conducting research and protecting sensitive data. So, as long as one uses the dark web for legal purposes it is perfectly legitimate.

Can using the dark web impact an individual’s online privacy rights?

Yes, using the dark web can potentially compromise one’s online privacy rights. Considering the anonymous nature of the dark web, individuals can face the threat of being vulnerable to privacy breaches, or may face issues related to identity theft and surveillance, which is why, one must prioritise online privacy protection and ensure they are taking all the crucial precautions while exploring the dark web.

What is the potential risk of using the dark web in India?

The dark web can be a breeding ground for several illegal activities and cyber threats. Individuals accessing the dark web may lend themselves and be exposed to illegitimate data, scams and cyber attacks. It is important to be careful while also following strict security measures when browsing the dark web, to mitigate these risks.

Can law enforcement authorities in India monitor my activities on the dark web?

In India, law enforcement agencies do not have the capacity to track and monitor somebody’s illegal activities on the dark web, however, there are some limitations and procedures set in place. There are some provisions under the IT Act, 2000, and the amendments that give law enforcement agencies (like the CBI- Central Bureau of Investigation) the legal authority to monitor and investigate online criminal activities, inducing the ones taking place on the dark web.

Are there any legal repercussions to sharing personal information on the dark web?

Yes, sharing one’s personal information on the dark web can have serious legal repercussions, especially if the data or details are used for the purpose of conducting any illegal activities. It is important that one is cautious enough to refrain from sharing any personal data on the dark web to avoid legal and privacy breach.

How can one ensure legal compliance while using the dark web in India?

In order to ensure legal compliance while using the dark web, especially in India, one must stay informed about the existing cyber laws, rules and regulations. Further, one must exercise proper caution and discretion, avoid engaging in illegitimate activities and prioritise online privacy and security. Adhering to such principles can help individuals gain access to the dark web without falling into legal pitfalls.

How can individuals gain access to the dark web?

Individuals can gain access to dark web, by installing some specific, anonymous browsers like TOR, Waterfox, Tails (The Amnesic Incognito Live System), Whonix, ZeroNet, Subgraph OS, I2P – The Invisible Internet Project, etc. Once any of these browsers is installed, it works just like a traditional browser. However, it is not easy to find information, because the dark web does not use an index to locate the desired information. 

Further, one must note that dark website addresses end with the ‘.onion’ extension, instead of the traditional ‘.com’, ‘.org’, or ‘.edu’. It is important that one must install security softwares to keep their computer and personal details safe, secure and private.

What can individuals do if they find that their information is leaked or available on the dark web?

To help protect one’s personal and computer information, individuals should regularly update their passwords, check their credit reports for discrepancies (if there are any issues they must be reported to the bank) and report any issues to the authorities.

Is there a difference between the dark web and the deep web?

Yes, there is a difference between the dark web and the deep web. The dark web is a small part of the deep web. The deep web refers to that part of the internet that cannot be accessed that easily. It is also not indexed by normal search engines (that is, the surface web). The dark web includes deep webs that are intentionally hidden, often in order to carry out illegal or illicit transactions online.

Are there some legal uses of the dark web?

One may use the dark web for several legitimate uses. For instance, in countries where government surveillance is used to spy on and oppress citizens’ political beliefs, one can use the dark web as a place of communication that avoids government censorship and scrutiny. Despite all this, individuals and organisations who use the dark web must be cautious while accessing it and take proper security measures, like periodically updating their software, browsing via a robust VPN and avoiding the use of a standard email ID (must use an anonymous one, instead).

Why is a response to the dark web necessary?

Well, the dark web refers to that part of the internet that is not indexed by traditional search engines and can only be accessed through specific softwares (like Tor, I2P, Freenet, Tails,  etc). It offers anonymity, which a user can use for both legal and illegal purposes. In India, the dark web has been associated with illegal activities like drug trafficking, selling child pornography, buying and selling lethal weapons and illegal arms and ammunition (and during the COVID-19 times, fake COVID vaccines were also sold). Due to the anonymous nature of the dark web, law enforcement faces a major challenge to keep up with the laws (or catch hold of criminals), and this makes it quite important to have a well-structured response to mitigate such threats.

Is a policy the right response to the issue of the dark web? What other responses are possible?

Implementing a policy against the dark web is quite an important response. However, it is not the only response. An effective regulation must have to have a multi-faceted, nuanced approach, and should include the following:

1. Implementing proper laws and regulations: Implementing proper laws and regulations that clearly define what exactly falls under the category of illegal activities on the dark web and the legal repercussions of such activities will be quite helpful to mitigate this issue.
2. Technological measures: Enhancing cyber surveillance will also be an added advantage to catch criminals performing illegal activities on the dark web.
3. International cooperation: Countries can join hands with global agencies to handle issues related to trans-border cyber crimes.
4. Enlightening the public: Educating the public on the potential risks of using the dark web, especially for illegal activities and the legal repercussions if they are caught, can also be an added advantage.

Is there really a need to implement policy or have any such response around the dark web in India? If yes, what could be the foundational design principles of such a response and how would one measure the efficacy of the response?

Let us break these questions into three parts.

Answer to question 1

Yes, there is a dire need to implement a policy that takes into consideration the unique challenges posed by the dark web. In India, the present rules that govern the issue of the dark web (like the IT Act, 2000) have some set rules on such matters. However, they are not sufficient to handle the anonymous nature of the dark web and the illegal activities that happen behind such masked faces, untraceable devices, and browsers. This is why, implementing proper policies and laws or amending the pre-existing ones can help in:

1. Improving cybercrime detection and enforcement,
2. Regulating the usage of cryptocurrencies or digital money, which is important, since they are often used for carrying out transactions on the dark web.
3. Protecting sensitive data and preventing breaches which are otherwise sold quite frequently on the dark web (like illegal drugs, weapons, etc.)

Answer to question 2

The foundational design principles for such a response would comprise several factors, inter alia:

1. Balancing anonymity and privacy: We have several rules and regulations that discuss the protection of an individual’s privacy (like Article 21 of the Constitution of India, Section 43A and Section 72 of the IT Act, etc.) Maintaining a balance between the right to privacy and the need for surveillance, is quite important.
2. Transparency: Laws, regulations, and guidelines that specifically address activities that are regarded as ‘illegal’ on the dark web, must be implemented.
3. Collaborating with international bodies: As mentioned above, collaborating with international bodies for the purpose of sharing information and coordinated action.
4. Adaptability: The policies thus implemented must be able to evolve with technological advancements and emerging threats.
5. Educating the public: Building public awareness and starting campaigns to elucidate the legal and security risks of the dark web can also be helpful.

Answer to question 3

The efficacy of the policies and responses can be measured via:

1. Crime rate reduction: If there is a significant decline in cybercrimes on the dark web, one can say that the policies thus implemented, are put to proper use.
2. Successful prosecutions: An increase in the number of individuals being convicted of illegal activities on the dark web, is yet another way to measure the efficacy of a new policy (or response).
3. Data security: If there are very few incidents of data breaches and illegal data sales, one can consider that the implemented responses and policies are working.
4. Public awareness: Higher public awareness about the perils and legal implications of the dark web is another measure to check the efficacy of the responses or policies implemented.
5. International recognition: Positive feedback and collaboration from international cybercrime agencies can also act as grounds to measure the effectiveness of a response or new policy implemented or amended.

What are some regulatory challenges faced by authorities and agencies relating to the dark web?

One of the biggest challenges authorities and agencies face when it comes to the dark web, is its encryption technique and anonymity. Apart from the strong encryption methods, most of the financial transactions are performed by using cryptocurrencies and digital money (like bitcoin), thus offering more anonymity. Also, the trans-border nature of the dark web complicates the matter even further. Apart from these challenges, ensuring the right to freedom of informatIon and online privacy, while also eliminating the illegitimate activities taking place on the dark web, is quite a big challenge. 

Additionally, there is no definition for cyberterrorism, which makes it quite difficult for enforcement agencies to effectively identify, regulate and procure activities related to the dark web. This lack of a clear framework presents challenges in monitoring and controlling illegal activities as authorities struggle to differentiate between legitimate use and malicious intentions within the dark web environment. 

References

• https://www.clearias.com/dark-web/
• https://www.kaspersky.com/resource-center/threats/deep-web 
• https://www.findlaw.com/criminal/criminal-charges/dark-web-crimes.html 
• https://vajiramandravi.com/upsc-daily-current-affairs/mains-articles/what-is-dark-net/ 
• https://www.pwc.co.uk/cyber-security/pdf/pwc-cyber-threats-2020-a-year-in-retrospect.pdf 

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