The Dark Web by definition is different from the legal “Deep Web” which is hidden from access through publicly accessible search engines like Google. Deep web is a space controlled by individual entities for their legitimate use and not illegal use. It is like a company’s premises where the entry is limited to authorized persons only.
On the other hand, by definition, the “Dark Web” is a “Zone of Illegal Virtual Operations”. It is in the dark web that criminals exchange crime tools, sell and buy drugs, weapons etc.
Having defined the “Dark Web” as the Criminal’s work place, there is no need to discuss if Dark Web needs to be allowed to exist. Without doubt it has to be eliminated though we may be incapable of doing it. Our incapability to fight the dak web is no justification not to declare it illegal and look at every body entering the dark web with an eye of suspicion.
The “Dark Web” thrives on a legitimate need for “Privacy” but the problem is “Privacy” is misused by criminals to hide their identity and run their business. The crimes have a reward in financial terms which are supported by the Crypto Currencies which act as the “Bankers to the criminals”. Hence Crypto Currencies (Privately managed) like Bitcoin are the support base for dark web apart from the Tor browser that enables access to the dark web.
If Dark Web has to be outlawed, we need to outlaw “Private Crypto Currencies” as well as the “Tor” browser or any other system that is used to access the dark web.
While “Privacy” is a legitimate right, “Confidential Banking is a legitimate right”, “Encryption for security” is a legitimate right, “Anonymity for security” is a legitimate right, these rights are bounded by the need not to cross the border of legality and cause harm to another individual.
This is a fundamental principle that every one agrees but is not able to support when the push comes to shove. The society is now at a time when we should bite the bullet and “Outlaw the Dark Web along with its components such as Bitcoin/private Crypto currencies and the Tor Browser”.
Just as Crypto Currencies may still exist like the Digital Rupee, or Guns in private hands may exist under a licensing system, we may still retain Tor as a “Licensed Software” to be used only by the law enforcement or registered security agencies who are committed to the legal activities.
Many may feel that this is impossible just as we cannot eliminate drugs, smoking or prostitution by just making laws against them. However it does not mean that the society should express passive support to any activity that is harmful to its larger good .
It is true that the existing laws itself make “Dark Web” and use of “Bitcoins” or “Use of Tor” illegal and punishable either as a crime or an attempt to commit a crime. Both DPDPA and ITA 2000 are laws which try to regulate and punish misuse of electronic information and are supported by BNS 2023. Section 15 of DPDPA 2023 imposes a duty on a data principal not to “Impersonate”. Section 66C and 66D of ITA 2000 makes “Impersonation” a cognizable offence. Section 4 of DPDPA 2023 prohibits illegal processing of personal data and ITA 2000 imposes criminal penalties for causing harm due to such processing.
Despite these laws, the society will not appreciate the need to keep Dark Web at a distance unless the Government comes out with a declaration that “Dark Web use is unlawful”. If any person is seen entering the Criminal’s Adda, it is his responsibility to explain to the law enforcement that his visit was for a legitimate purpose. More appropriately, any visitor to the criminal’s den has to take prior permission of the law enforcement.
I therefore call upon law makers in India to specifically pass directions to outlaw Dark Web, Private Crypto Currencies and Tor Browser and make their use subject to a strict licensing system.
This means that “Possession of Tor browser” should be considered as a “Prima Facie Evidence” of an intention to commit a crime and subjected to prior licensing just like the Gun licensing law. No organization should be able to sell tools that facilitate entry to Dark Web except under license.
I am aware that this suggestion may be radical but it is essential to protect the integrity of the digital society.
Those who agree or not agree are invited to participate in the virtual round table organized by Naavi.org and FDPPI on 17th October 2024, in commemoration of the “Digital Society Day” . You are invited to join the Zoom meeting between 6.30 pm and 8.00 pm in the link given above.
Naavi
P.S: Naavi.org urges the specialists to refrain from educating our youngsters on how to enter Dark Web. This is a promotion of crime. (Attention: Content Writer)
Also refer: Report on FBI strategy to disrupt Illegal Dark Web activities
