Author: Ashwina Venkatramanan, The Tamil Nadu Dr. Ambedkar Law University, Chennai
TO THE POINT
The dark web is the concealed part of the internet that is not fluently accessible to all. Unlike surface web or the conventional websites, where vast maturity of 90 percent population calculates on it, dark web is used by those people who wish to keep their individualities a secret. It is said to give a high position of security, which is abecedarian to hackers, cybercriminals and government entities. This paper will concentrate on the legal challenges that the Dark web creates, pressing the need for necessary enforcement and filling the legislative gaps in the Indian cyberlaw frame. It will also explore the limitations in the current legislations, including the issues of obscurity, jurisdictional walls, and the rise in the lawlessness committed through these networks.
ABSTRACT
This paper examines the growing trouble of the dark web and its implications for law enforcement in India, fastening on the legal and functional gaps within the current cyber law frame. The dark web, characterized by its obscurity and encryption, has become a centre for illegality including drug trafficking, illegal arms deals, child exploitation, and cybercrimes. Despite the presence of laws similar as the Information Technology Act, 2000, Indian enforcement agencies face significant challenges in shadowing, probing, and prosecuting the crimes committed through the dark web due to jurisdictional issues, lack of necessary expertise, and absence of specialized legal provisions. By analysing transnational legal approaches and the limitations of domestic laws, this paper underscores the critical need for legislative reform, enhanced cyber policing capabilities, and stronger transnational cooperation. The end is to give a comprehensive understanding of the dark web’s legal complications and propose measures to bridge the enforcement gap in India.
LEGAL JARGON
The Internet is made up of multiple layers. Basically, the Internet is divided into three sections: Surface web, Deep web, and Dark web. The Surface web is listed and is fluently available through the web servers. Also known as the Visible web, only 0.03% of the online content can be attained through it. The Deep web is a counterpart of the Surface web and thus not easily accessible to the public. Roughly, 96% of the Internet is Deep web and common cases include Netflix, Online banking, Databases and principally everything that is password or paywall defended. Dark web is that part of the web that is used for illegal undertakings. Some of the unique features of the Dark web include obscurity and decentralized nature and are hence used by intelligence agencies, media persons, activists, whistleblowers and citizens to communicate and publish information without the fear of their cover being blown. It acts as a secure barricade to those who mask their individualities, especially people working in undercover operations or living in tyrannized areas. On the other end, since it cannot be penetrated using the server machines generally used for the surface web, the dark web is more prone to people using it as an armament to cheat the legal system. On December 5, 2024, The Hindu published that at least 20 of the cybercrime are committed by felons through the Dark web reported by a cybersecurity establishment Lisianthus. According to another cybersecurity establishment Cyble, over half a million Zoom accounts were stolen in April 2020 and vended for less than one rupee all.
The Dark web is still an evolving notion, and hence its boundaries are undetermined. The origins of the Dark web can be traced to the U.S. service who first used it as a tool for communication without being detected. Since the Internet is not known for its traceability and obscurity, privacy was a major concern for the U.S. Federal Government; in the 1990s, a team of computer scientists and mathematicians, working for a branch of the U.S. Navy, known as the Naval Research Laboratory (NRL), developed a new technology known as the Onion Routing. This provides for an anonymous bilateral communication, making it complex for a third reality to determine its source and destination. This was achieved through an overlay network, which is defined as one network built on top of another. Hence, onion routing through these networks is known as the DarkNet and gave rise to the Dark web. But for this secret network to work, it was realized by the NRL that it must be made accessible to all and not only the U.S. Government and hence they were forced to release the Onion routing technology through the Open-Source License and the TOR (Onion Router) came into reality. Some of the other specialized cybersurfers specifically designed for the Dark web include I2P (The Indivisible Internet design), Freenet, Tails, Mozilla Firefox, etc.
There is no specialized legislative acts or rules and regulations forbidding the use of Dark web. Under the Information Technology Act, 2000, which acts as a significant enactment in securing data insulation and furnishing legal remedies for its breaches, piercing the dark web is not considered illegal though the acts of child pornography, counterfeiting software, cyberterrorism and dealing governments secrets are made illegal. The intention and the act committed through the use of the Dark web are taken into account for determining liability. It therefore highlights the need for a specific legal provision emphasizing that the use of the dark web to commit acts that cause an injury to a private person or the public will be considered illegal and subjected to severe punishment.
PROOF
Existing cyber law frameworks, such as the Information Technology Act, 2000 in India and the Budapest Convention on Cybercrime, were primarily designed to regulate internet-based activities occurring on the surface and deep web. These laws focus on unauthorized access, data breaches, and traditional forms of cybercrime, often presuming a degree of visibility and traceability of digital activities. However, the dark web, which operates through anonymizing technologies like TOR, enables users to conceal their identity and location, making it a haven for illicit activities such as drug trafficking, illegal arms trade, child exploitation, and the sale of stolen data. Under the IT Act, 2000, there are only a few sections related to cybercrime which are from Sections 65, 66, 67, 68 69. Sections 372 and 373 of the Indian Penal Code deal with the purchase and sale of females for prostitution. Section 24 of the Narcotics substances and Psychotropic Substances Act of 1985 states that whoever deals with narcotic substances outside of India is criminally liable. These are examples of statute that deal with offences related to the Dark web.
But the absence of targeted legal provisions addressing the unique nature of the dark web has created significant enforcement challenges. Current statutes neither define the legal status of accessing or operating on the dark web, nor do they provide a robust framework for surveillance, digital forensics, or cross-border cooperation in investigating crimes committed through it. As a result, law enforcement agencies often struggle to trace perpetrators, gather admissible evidence, and prosecute cybercriminals operating within these hidden networks. This legal vacuum not only impedes the prosecution of dark web-related crimes but also weakens the overall deterrent effect of cyber law, revealing the urgent need for legislative reform and technological empowerment of investigative agencies.
LEGAL CASES
1. NEET UG AND UGC- NET PAPER LEAK:
In June 2024, the Central Bureau of Investigation conducted an enquiry as a result of alleged test paper leak through the dark web and concluded that the University Grants Commission- National Eligibility (UGC- NET) test was disclosed 48 hours before the test. Ironically, the paper on the web was extremely analogous to the original paper and was on trade for 6 lakh rupees. It was then circulated on Telegram due to which the Education Ministry was forced to cancel the examination.
2. SILK ROAD WEBSITE
Silk Road which was one of the notorious websites for drug trafficking and a business for unlicenced drugs on the Dark web was shut down by the Federal Bureau of Investigation in 2013. The Dark web was a centre for the trade of illegal and dangerous substances in exchange for cryptocurrency similar as bitcoin. Also, websites such as Alpha Bay, Dream Market, Valhalla, Wall Street Market etc. which were designed for the purpose for illegal commerce for trade of medicines were shut down.
3. LOLITA CITY CASE
A website known as Lolita City which has now been taken down as it contained over 100 GB of prints and vids of child pornography and has around 15,000 members. PLAYPEN was taken down by the FBI in 2015 which may have been the largest child pornography source on the entire dark web with over 200,000 members.
4. SCULLY CASE
Red Room spots are those where people pay in thousands to see live streaming of murders, rapes, child pornography and different kinds of torture. But there is still no substantiation that they exist. There was a series produced by Scully’s company i.e. No Limits Fun (NLF). One of his videos, Daisy’s Destruction was extensively deliberated on the forum which was not a sniffed film, but features factual sexual assault and horrifying abuse of a youthful child. It was streamed on ‘ Hurtcore’ paedophile sites, the point where paedophiles watch torture or abuse of children and babies. On 13 June, 2018 Peter Gerard Scully was punished with life imprisonment.
5. OPERATION DARK HUNTOR:
In 2021, Europol, Eurojust, and the police forces of nine countries conducted one of the biggest anti-crime operations the dark web has ever seen, Dark hunTor. This operation redounded in 150 apprehensions across Australia, Bulgaria, France, Germany, Italy, the Netherlands, Switzerland, the United Kingdom, and the United States. All of the arrested were allegedly involved in buying or dealing illegal goods on the dark web. The authorities set up some papers in the possession of the arrested that strengthened their case EUR 26.7 million( USD 31 million) in cash and virtual currencies, 234 kg of medicines, and 45 arms. Italian authorities also managed to close down two dark web requests that boasted over 100,000 rosters for illegal goods, DeepSea and Berlusconi.
CONCLUSION
The crossroad of Indian law and the dark web presents a complex challenge that requires thoughtful analysis and forward- looking legal reforms. While penetrating the Dark web itself may not be illegal in India, the proliferation of lawless conditioning on this retired network raises serious enterprises about public safety, cybersecurity, and societal well- being. In light of the impact of the Dark Web on Indian Society, it is imperative for policymakers, law enforcement agencies, and other stakeholders to unite on comprehensive strategies to address this issue. This may involve enhancing legal fabrics and nonsupervisory mechanisms to combat cybercrime, strengthening cybersecurity structure, and promoting digital knowledge and mindfulness among citizens. Eventually, the connection between Indian law and the dark web highlights the need for a comprehensive approach that upholds individual rights and freedoms while protecting public safety and security.
FAQS
1.What international frameworks address dark web-related crimes?
The Budapest Convention on Cybercrime is the main international treaty that addresses cybercrime, but India is not a signatory. Other countries use a combination of cybercrime laws, digital surveillance measures, and cross-border cooperation.
2. What are the defence mechanisms for the cyber-attacks launched through the Dark web?
One form of attack is the correlation attack, which is a passive end-to-end method. In this approach, the attacker gains control over both the entry and exit nodes of the TOR network and analyses traffic patterns, such as timing and data characteristics, to link the incoming and outgoing streams, thereby compromising TOR’s anonymity. Another technique is the congestion or clogging attack, which is an active end-to-end attack. In this case, the attacker not only observes the traffic between two nodes but also manipulates the path by introducing delays. If the attacker successfully obstructs a node on the target route, any noticeable change in the connection speed of the victim can help identify the communication path.
3. What is the role of ethical hacking and cyber forensics in policing the dark web?
Ethical hackers and forensic experts play a crucial role in penetrating dark web networks, tracing illegal transactions, and gathering digital evidence admissible in court.
REFERENCES
Kaur, S., & Randhawa, S. (2020). Dark web: A web of crimes. Wireless Personal Communications, 112(1), 487–502. https://doi.org/10.1007/s11277-020-07143-2
Yadav, D., Bhushan, B., & Saxena, S. (2020). The dark web: A dive into the darkest side of the internet. SSRN Electronic Journal. https://doi.org/10.2139/ssrn.3598902
The Dark Web as Enabler of Terrorist Activities
Unveiling Shadows: Exploring the Dark Web’s Impact on Indian Law and Society
What Is The Dark Web? How To Access It? – Cyble
