The dark web refers to websites on a network established over the internet that provides greater anonymity than the conventional internet, also known as the “clear web.” While it can be used by individuals seeking privacy, it can also serve as a platform for illegal activities, including the sale of illicit items and darknet fraud. In January 2021, German authorities shut down DarkMarket, which was believed to be the largest illegal marketplace on the dark web.
The term “darknet” originated in the 1970s to describe networks that were isolated or beyond the reach of ARPANET, a government-funded military/academy precursor to the internet. It gained prominence after the release of a 2002 Microsoft paper, which described the darknet as a potential threat to digital rights management systems. A darknet is an internet overlay network that requires specific software, configurations, or authorization to access and often uses a custom communication protocol.
The dark web is similar to a black market on the internet, where entities seeking to operate outside the law can find refuge. The darknet is part of the larger “deep web,” which consists of encrypted internet material that is not searchable through regular search engines. It is frequently used for illegal activities such as black markets, illegal file sharing, and the exchange of unlawful goods or services. Transactions on darknet marketplaces often use cryptocurrency, which provides anonymity to both buyers and sellers and has been crucial to the development of cryptocurrencies.
There is often confusion between the terms “dark net” and “deep web.” The deep web refers to unindexed sites that are not searchable and are often protected by passwords. It is estimated to be 500-600 times larger than the surface web, which is the portion of the World Wide Web that is readily available to the general public and searchable with standard web search engines. The deep web makes up the majority of the internet, while the surface web only constitutes 4-6%.
Darknet websites are usually separated from the rest of the internet through encryption methods such as Tor (The Onion Router) or I2P (Invisible Internet Project). Tor is the most commonly used encryption tool, allowing users to disguise their location and appear to be in a different country. IP addresses and other identifying information are also encrypted when using Tor. Access to the darknet requires the appropriate encryption software.
While the dark web can provide privacy protection for innocent individuals, it can also be used for illegal activities such as sharing illegal files, purchasing or selling unlawful goods or services, and bypassing firewall policies or content-filtering technologies. Darknet markets are a popular platform for the sale of banned goods. Additionally, while the dark web guarantees users privacy, it can also be used to invade the privacy of others, with private images, medical records, and financial information being taken and shared.
However, the dark web can also serve a positive function, such as facilitating whistleblowing and news leaks, protecting political dissidents from retaliation, and providing a platform for undercover cops to connect with criminals. Journalists may also use the dark web to interview residents in authoritarian nations with censored communications.
In today’s digital age, data protection is essential, and a comprehensive legal framework is required to regulate data collection, processing, and sharing. Unfortunately, India lacks a robust legal framework for data privacy, which is in contrast to the data protection rules in the European Union and the United States. Individual data is at great risk of being misused on the Darknet due to the way public data is stored and used by both the state and private companies. Therefore, a data protection law is necessary to promote data security and prevent data misuse.
The Supreme Court of India has recognized the right to privacy as an inherent part of the fundamental right under Article 21 of the constitution, and it is the state’s responsibility to protect individual privacy through legislation. However, public data leaks are still common in India, ranging from government websites allowing Aadhaar numbers to electoral data rolls being obtained in bulk, among other things. With the rise of digitization and digital complications, data protection is becoming more important than ever. The recent growth in crimes such as WhatsApp and the Pegasus fraud highlights the need for a data protection law.
State agencies and private enterprises have amassed vast volumes of personal data, and its transfer across national borders has been a source of concern. There are numerous situations where state and private agencies that use personal data are opaque about the purpose for which the data is being used. A law must be enacted to prevent the dangers of unregulated and arbitrary use of personal data.
India has the world’s second-largest internet user base, with a population of over a billion people. With a focus on digital India, the government must ensure that citizens’ data is secure. To combat dark web transactions, the Centre has urged all law enforcement agencies to keep an eye on foreign-based data and metadata suppliers and seek legislative amendments to give cyber hackers immunity. The Information Technology Act, which is administered by the Ministry of Electronics and Information Technology of India, deals with cybercrime, but only under six provisions of the law. However, efforts are being made to improve cyber security monitoring and interference systems to track cyber criminals who use such platforms to offer unlawful goods and services, as well as terrorism-related communications and actions.
To address the growing problem of dark web transactions, several steps can be taken. First, as cryptocurrency becomes more widely accepted, a nodal agency must be established to monitor crypto transactions used for illegal purposes. This will help to prevent or reduce darknet transactions.
Second, it is essential to keep cybercrime units all around the world up to date on developments in the darknet society so that they can handle and combat any criminal conduct that occurs on the darknet. Worldwide cooperation is required to address this issue effectively.
Third, the Cyberdome of Kerala, which is a premier facility committed to preventing cybercrime and mitigating cybersecurity threats to the state’s critical information infrastructure, is a step in the right direction that other concerned authorities across the country can learn from. Similar facilities can be established in other states to combat cybercrime and dark web transactions.
In summary, a nodal agency must be established to monitor crypto transactions used for illegal purposes, worldwide cooperation is required to address the issue effectively, and cybercrime units need to be kept up to date on developments in the darknet society. Additionally, the establishment of similar facilities like the Cyberdome of Kerala in other states can help mitigate cybersecurity threats and prevent cybercrime.