Author : Tanya Aggarwal

Expert Speak Digital Frontiers
Published on Sep 19, 2024

As technology continues to evolve, combating dark web crime requires ongoing adaptation and collaboration among stakeholders to safeguard digital security and public safety on a global scale

The dark web demystified: Its role in privacy, crime, and regulation

Image Source: Getty

The perils of the dark web and its threat to India recently became apparent after the University Grants Commission-National Eligibility Test (UGC-NET) exam papers were leaked online. Sold on the dark web for INR 6 lakhs, the papers were further circulated on encrypted messaging platform, Telegram, and led to the immediate cancellation of the examination.

The term “dark web” often evokes images of a hidden, mysterious part of the internet where illicit activities abound. While it’s true that the deep web hosts illegal operations, rendering it the monicker of the ‘dark web’, the deep web also serves various legitimate purposes.

Understanding the dark web’s multifaceted nature and the dangers it poses is crucial in understanding the efforts to regulate it, particularly in India. 

Born out of the United States Department of Defense in the 1990s, research organisations developed an anonymised and encrypted network to protect sensitive communications of the US intelligence community. This led to the creation of the Tor network, short for “The Onion Router”, which serves as the underlying technology of the deep web. It hosts over 65,000 unique URLs ending with ‘.onion’, facilitating communication via forums, chat rooms, and file hosts, as well as commerce through marketplaces. However, it’s the shadowy part of the deep web, the dark web that has emerged to pose significant risks. Understanding the dark web’s multifaceted nature and the dangers it poses is crucial in understanding the efforts to regulate it, particularly in India. 

What is the dark web?

The internet has many layers. The surface web is the part of the internet that users interact with in their daily online activities and the deep web contains content that is not indexed by ordinary search engines such as online banking sites, where data is stored in databases and frequently updated based on user permissions. The dark web, a smaller and more concealed segment of the deep web, requires specialised software like Tor. Search engines include websites such as Torch and Tor Links. Accessing this content usually involves obtaining links from trusted sources within the network. Anonymity and its decentralised nature are what primarily distinguish the dark web from the rest. It is a haven for those who need to protect their identities online, such as individuals living under oppressive regimes. Journalists, activists, and whistleblowers often use the dark web to communicate and share information without fear of retribution. For instance, platforms like SecureDrop allow for the anonymous submission of documents to journalists and researchers, promoting transparency and accountability. Some news organisations use the deep web to safeguard their source and escape censorship. For example, in 2019, BBC launched its own Tor website to fight media censorship in countries that attempt to block its websites, such as China, Vietnam, and Iran.

Platforms like SecureDrop allow for the anonymous submission of documents to journalists and researchers, promoting transparency and accountability.

However, the positives of the deep web are often negated and overlooked by the dark web where numerous marketplaces buy and sell illegal goods and services. 57 percent of the deep web contains illicit content. Transactions for their trade often involve the use of cryptocurrencies like Bitcoin, which further enhances anonymity by masking financial trails.

  • Drug trafficking is one of the most prominent illegal activities on the dark web. Various marketplaces specialise in the sale of narcotics, offering a wide range of substances and promising discreet delivery methods. The largest was the Silk Road, which was shut down in 2013. Following that, others such as Silk Road 2, Evolution, and Agora popped up. These markets operate similarly to legitimate e-commerce platforms, complete with user reviews, seller ratings, and customer support services. The anonymity provided by the dark web allows drug traffickers to reach a global customer base and evade traditional law enforcement measures.
  • In addition to drug trafficking, it facilitates the sale of weapons and counterfeit goods. Firearms, explosives, and other illicit weapons can be purchased, often with deliveries disguised as legitimate shipments. Counterfeit goods range from luxury items and electronics to pharmaceuticals and identification documents, posing risks to consumer safety and intellectual property rights.
  • It also serves as a marketplace for cybercrime services and tools. Cybercriminals trade malware, ransomware, hacking services, and stolen data, enabling sophisticated attacks on individuals, businesses, and governments worldwide. The proliferation of these services contributes to the growing threat of cybercrime, undermining cybersecurity efforts and causing financial losses amounting to billions of dollars annually.
  • Terrorist organisations use the dark web for propaganda and coordination purposes. This combination of encryption, anonymity, and decentralised infrastructure makes investigating and prosecuting dark web crimes particularly challenging for law enforcement agencies.

India’s efforts

In India, accessing the deep or dark web itself is not considered illegal; the government does not classify it as an unlawful activity. However, the legality of activities performed there is subject to scrutiny, with certain actions being explicitly illegal such as trading child pornography, purchasing illegal firearms, or buying drugs. Thus, while the deep web as a platform is not inherently illegal, the illicit nature of certain activities done on the dark web has potential legal consequences. In 2020, a suspect was arrested by the Narcotics Control Bureau (NCB) for selling psychotropic tablets on the dark web. Between 2020 and April 2024, 92 cases of drug trafficking using the dark web or cryptocurrency have been reported.

While the deep web as a platform is not inherently illegal, the illicit nature of certain activities done on the dark web has potential legal consequences.

Drug trafficking is not the only illegal activity that happens on the dark web. Recent cases including the UGC-NET paper leak highlight ongoing challenges posed by the dark web. In another case, on 23 January 2024, cybersecurity firm CloudSEK reported a breach compromising the personal information of approximately 750 million individuals in India. It exposed sensitive details, including names, mobile numbers, addresses, and Aadhaar information.

India currently relies on a framework established by the Information Technology Act of 2000, which has been updated through amendments in 2008 and 2021. These updates aim to tackle emerging threats, including those from the dark web. Additionally, the National Cyber Security Policy of 2013 is instrumental in designing strategies to counteract cyber threats, including those originating from the dark web. Organisations like CERT-In (Indian Computer Emergency Response Team) manage and respond to cyber incidents, including those involving the dark web.

Similarly, law enforcement agencies, such as the Central Bureau of Investigation (CBI) and state police units, are actively engaged in addressing cybercrime, including illicit activities conducted on the dark web. India has made significant advancements in combating cybercrime through initiatives such as the Crime and Criminal Tracking Network and System (CCTNS) and the Indian Cyber-Crime Coordination Center (14C). The 14C coordinates responses to cyber incidents and provides support to law enforcement agencies. It focuses on capacity building, threat intelligence, and public awareness.

The National Cyber Security Policy of 2013 is instrumental in designing strategies to counteract cyber threats, including those originating from the dark web.

However, with the rapid development of technology, criminal networks are adapting much faster than laws are. Implementing measures to enhance India's ability to manage and mitigate the risks associated with the dark web is required.

Crime and regulations

Since cybercrimes cross national borders, international cooperation is indispensable in tackling dark web activities. Establishing treaties and agreements for cybercrime cooperation can enhance global efforts to combat dark web activities. Initiatives like the recently approved UN Cyber Crime Treaty aim to provide a framework for countries to cooperate on cybercrime investigations and prosecutions, harmonising legal approaches and facilitating information sharing. Coordinated efforts by international policing organisations, like Interpol and Europol, can facilitate coordinated efforts in tracking and prosecuting dark web criminals. Successes in taking down AlphaBay, Hansa, and Silk Road marketplaces demonstrate the effectiveness of collaborative efforts.

Coordinated efforts by international policing organisations, like Interpol and Europol, can facilitate coordinated efforts in tracking and prosecuting dark web criminals.

Providing specialised training to law enforcement personnel on dark web investigation techniques and tools is essential. Public awareness campaigns can educate the public about the dangers of the dark web, promote safe internet practices, and improve digital literacy. Strategies can include monitoring dark web forums, infiltrating criminal networks, and developing tools to trace cryptocurrency transactions.

Technological solutions also play a vital role. Developing and deploying advanced monitoring tools and algorithms can help identify and track illegal activities on the dark web. Investing in technologies that can break encryption in legally sanctioned investigations can aid in apprehending criminals. As technology continues to evolve, combating dark web crime requires ongoing adaptation and collaboration among stakeholders to safeguard digital security and public safety on a global scale.


Tanya Aggarwal is a Research Assistant at the Observer Research Foundation

The views expressed above belong to the author(s). ORF research and analyses now available on Telegram! Click here to access our curated content — blogs, longforms and interviews.

Author

Tanya Aggarwal

Tanya Aggarwal

Tanya Aggarwal is a Research Assistant at the Center for Security, Strategy, and Technology at ORF. Her research focuses on the intersection between technology and ...

Read More +