Overview: The Dark Web and Its Legal Implications in International Security
The remarkable speed of internet evolution helps to define the current age of digital communication, commerce, and governance. Although much of this development is positive, it has also produced an array of shadows and hidden possibilities for cyberspace, most notably seen with the Dark Web. The Dark Web is often confused with the Deep Web (which refers to unindexed information such as organizational databases or academic journals); in fact, it relates only to a subset of the web that has been specifically hidden and requires software to access, such as Tor (the Onion Router). The hidden subset of the internet is a host for illegal activity such as drug trafficking and distribution, human trafficking, weapons trafficking and smuggling, cybercrime, and terrorism. In this way, because of its encrypted, anonymous, and decentralized nature, the Dark Web presents serious international legal and security challenges.
Initially, the Dark Web was created so that government agencies and activists in authoritarian countries could communicate without revealing their identities. Soon, however, the potential for anonymity and untraceable communications attracted criminals. The Silk Road, a notable example of a darknet marketplace, was shut down in 2013 by the FBI[1], but many more have emerged since then—and there's no indication that these operations are going to disappear anytime soon. Most of these marketplaces facilitate the sale of illegal drugs and other illegal drugs and often sell forged passport or driver's license documents, stolen credit card information, hacking tools, and data stolen from others. They are also used to distribute malware, illegally host pornographic images and videos, and even as a marketplace for hiring hitmen—though often times this is just hype, propaganda, or a scam.
The Dark Web is a digital environment that is exploited for cyber-terrorism, from the international security perspective. Terrorist organizations are reported to have utilized the Dark Web in the following manners: communicating securely, engaging in operations funded by cryptocurrency (e.g., Bitcoin), and secretly recruiting members for their operations. For example, Islamic State (ISIS) personnel have disseminated propaganda and coordinated attacks on encrypted communications tools that are believed to utilize Dark Web affiliations. This level of operations makes it difficult for intelligence communities to pick up or disrupt potential acting threats. With the rise of do-it-yourself cyber-weaponry (i.e., ransomware kits, phishing kits), the Dark Web individualizes act lone actors and small groups to conduct large-scale attacks against critical infrastructure, financial systems, and electoral processes.
The Dark Web creates a legal paradox of jurisdiction and enforcement. Crimes committed on the Dark Web rarely remain within the borders of countries. A hacker in Eastern Europe can attack banks in the United States with servers in Asia. Payments can be made with cryptocurrencies that denial traditional financial visibility or control. This transnational aspect of the Dark Web makes prosecution difficult, sometimes requiring collaboration among countries with legal systems vastly different from one another, as well as different privacy laws and related cyber capacity. In addition, while certain aspects of Dark Web activities are criminal in nature, there are also aspects of that fall into a gray area. Whistleblowers and political dissidents can also utilize the Dark Web to maintain their anonymity. Protecting liberties vs. the needs of law enforcement is a delicate legal and ethical dilemma.
Another key legal challenge is attribution. The degree of encryption and anonymity is such that it is nearly impossible to identify offenders. When law enforcement is able to trace illegal behavior to a server or wallet address, it often leads to a dead end or to a jurisdiction that is not willing or able to assist. The speed of technological change makes enforcement even more difficult. Technology like VPN, proxies, and decentralized hosting technologies continually evolve to stay ahead of detection. By the time authorities are able to find and take action against a Dark Web site, another mirror site or alternate hosting solution is already available elsewhere.
At present, international legal instruments are not designed to address these questions. While the Budapest Convention on Cybercrime offers a mechanism for international cooperation, not all states are parties to it, and the consequences and enforcement differ dramatically. Furthermore, there is no common definition of what cybercrime means, and societal and political differences motivate the failure to find agreement. In the case of authoritarian states, for example, "cybercrime" may be used to describe dissent or journalists' activity. The absence of legal harmonization enables criminal actors to exploit the weakest links in the global cyber networks.
To deal with the legal challenges posed by the Dark Web and international security, a triad of the international response is required. First, an enhanced commitment to international collaboration in furtherance of cyber forensics, intelligence sharing, and extradition is required. Organizations that already operate internationally and/or regionally/global (for example, INTERPOL, Europol, and the United Nations) ought to be active players in creating legal consensus and technical capability, particularly in developing states that are being exploited as safe havens because of their legal weaknesses. Second, examination of public-private partnerships ought to be more broadly embraced, as virtually all of the infrastructure that Dark Web criminals use (for example, servers, payment processors, social media) is largely owned and controlled by the private sector. When governments and technology firms work in conjunction, the two sectors can enable policy approaches to cybersecurity that allow for friendlier threat detection and response.
Simultaneously, domestic legal frameworks should be updated in line with developments in relation to cybercrime. Offences such as hacking, data theft and cyberterrorism should be defined clearly by law, and mechanisms should exist for lawful surveillance to protect fundamental interests. It is essential also that the judiciary and law enforcement have the proficiency to enforce cyber offences, and capabilities to conduct digital forensics and supplement cross-border statute. For example, while the Information Technology Act, 2000 in India has sections on cybercrime, it cannot directly address Dark Web offences. Therefore, a much more up-to-date and tailored cyber law is needed in this respect.
There are also positive and effective applications of technology. Artificial Intelligence and Machine Learning tools are being used to determine patterns of illegal activity on the Dark Web. These tools can scour through forum posts, watch for flagged phrases of concern, and track cryptocurrency transactions for further action. Blockchain analysis tools are increasingly using someone's successful de-anonymization of Bitcoin transactions to attempt to track illegal funds back to their real identities. It does bear mentioning that these tools can be misused, or the data they collect can violate privacy rights.
In summary, the Dark Web is one of the most multifaceted challenges of international security and law. It is a place where borders dissolve, boundaries are irrelevant, and justice is delayed. While it is accurate that individuals and groups have used the Dark Web to protest against malicious regimes peacefully, there are still criminals and terrorists. The legal questions are substantial. They consist of jurisdiction and enforcement gaps, along with the ethical implications of surveillance and privacy. The ability to respond to past crimes and preventing future crimes stemming from the Dark Web cannot be a myopic investigation; it requires an international effort that is appropriately resourced and is ethically feasible. The only way to discover and control the dark recesses of the internet rests with legal ingenuity, international cooperation, and full technology.
[1] Ross William Ulbricht’s Laptop, Federal Bureau of Investigation, https://www.fbi.gov/history/artifacts/ross-william-ulbrichts-laptop (last visited Apr 9, 2025).