Tag Archives: dark web

The dark web and the law

December 19, 2022 Manuel Lamiroy Leave a comment

In our previous article, we gave a general introduction to the dark web. In this article, we analyse the relationship between the dark web and the law. The first question we answer is, ‘Is using the dark web legal?’. Next, we have a look at lawyers on the dark web. Then, we focus on the different efforts to fight crime on the dark web. Finally, we look at the need for dark web lawyers.

Is using the dark web legal?

With all the criminal activity taking place on the dark web, one could wonder whether it is even legal to access the dark web. The short answer is that accessing the dark web is perfectly legal in most countries. In more than 130 countries, the right to privacy is a constitutional right. And browsing the dark web to maintain anonymity is one way of exercising that right. In our previous article, we also pointed to the many positive uses there are for the dark web.

But there are some caveats. While access to the dark web may be legal, what you do on there is what counts. Your actions on the dark web must respect the laws of the country you are in. If you buy contraband or pirated goods on a black market, e.g., that is illegal. Also keep in mind that accessing the dark web is not legal everywhere. There are several countries where access to the Internet is restricted and accessing the dark web in those countries may very well be criminalized. Using a VPN or the TOR network typically is illegal as well in those countries. They include, but are not limited to China, Russia, Iran, Saudi Arabia, and Venezuela. If you are visiting those countries, using TOR or a VPN is illegal.

Lawyers on the dark web

There are several legitimate reasons for lawyers too to use the dark web. Because all information is encrypted, using the Tor browser and the dark web can be a safe way for lawyers and their clients to communicate. As such, it helps protect client and attorney information.

Another legitimate reason to use the dark web is to conduct legal research. The dark web can be useful in the discovery process to collect evidence. Lawyers can communicate anonymously with whistleblowers, including corporate ones. Or they can build a case against infringements of intellectual property, of which there are plenty on the dark web. Human rights lawyers often need the anonymity of the dark web to communicate about and to collect evidence of human rights violations. Lawyers can also ask other lawyers for anonymous advice.

Another area where law firms may use the dark web is to test and enhance their cybersecurity.

Finally, when you, as a lawyer, access the dark web, make sure you abide by your code of ethics. If something is not allowed on the surface web, it also will not be allowed on the dark web.

Efforts to fight crime on the dark web

The dark web provides anonymity, and many transactions are paid for with untraceable cybercurrencies. The combination of both – anonymity and untraceable payments – make the dark irresistible to criminals. Any type of crime with covert transactions can be committed on the dark web. These include murder for hire, blackmail and extortion, illegal sales of drugs and arms, sex trafficking, terrorism, child pornography, etc.

The abovementioned combination of anonymizing technologies and the use of cryptocurrencies to hide transactions also poses serious challenges for law enforcement. The transactions are hidden by design. Law enforcement agencies may therefore very well be unaware of their existence. Gathering evidence that would stand in court poses additional challenges.

So, how does one fight crime on the dark web? Several techniques have been used. A common and successful strategy is to go undercover online. In cases where no cryptocurrencies are used, following the money also has been successfully used. And while transactions may be hidden, any goods that are being traded must be shipped. Monitoring shipping procedures therefore is another useful strategy. Finally, using sophisticated technology and hacking techniques has also been successful. Often, this is done in combination with a so-called honeypot trap, where law enforcement agencies set up a dark web site that pretends to be involved in illicit activities. The moment visitors access the trap website, tools are used to undo the anonymity of the visitors. If they commit a crime or conspire to commit a crime, they can be identified.

The article on the US National Institute of Justice, listed below, provides a summary of a 2017 Report on “Identifying Law Enforcement Needs for Conducting Criminal Investigations Involving Evidence on the Dark Web”. The report identified 40 problems or opportunities, and 46 potential solutions. It also gave a series of high-level recommendations for law enforcement agencies on training, information sharing, new structures for cooperation, new laws for package inspection, and research on crime connections.

The need for dark web lawyers

By now, it has become clear that there is a growing need for lawyers who are familiar with the dark web. The ever-increasing number of cybercrime incidents that originate from the dark web (hacking, data leaks, extortion, malware, ransomware, …) is testimony to that. Another bonus is that if your law firm is familiar with the dark web, that will give you a competitive advantage.

Most cases where there is a need for a dark web lawyer are criminal cases. But that is not necessarily the case. There are developers and lawyers who are offering perfectly legal services. And there are legal markets, too. (Though they are by far outnumbered by the black marketplaces, where “caveat emptor” is even more applicable than usual). In all of these, issues may arise where the services of lawyers are needed. We also mentioned before that there are cases where lawyers may need to rely on the dark web to collect evidence like witness testimony or tipoffs, etc.

Still, at present most cases involving the dark web where lawyers are needed are criminal cases. Your client may be the victim or the perpetrator. Victims of hacking, data breaches and data leaks, ransomware attacks, etc. need the assistance of lawyers as well as of cybersecurity experts. Sometimes, these victims may face additional problems. These days, companies and organizations who fall victim to data leaks, e.g., may face substantial fines because information about their clients has been leaked. In all those cases, the assistance of a dark web lawyer is recommended.

Your client may also be the suspect of crimes committed on the dark web. Lawyers defending suspects of dark web cybercrimes often face additional obstacles. One of those is that de facto the assumption of innocence is undermined when it comes to dark web crimes. Prosecutors as well as jury members see the dark web as a place where crime thrives and just being on the dark web may come across as suspicious. Getting a fair trial often becomes an extra challenge.

Sources:

Legal IT

The dark web

November 24, 2022 Manuel Lamiroy Leave a comment

In this article, we explore the dark web. We will be answering questions like, “What is the dark?”, “What can you find on the dark web?”, ” Why is the dark web important?”, “What do you need to access the dark web?”, and “How to safely access the dark web?” In a follow-up article, we’ll look at how it is relevant for lawyers.

What is the dark web?

To properly explain what the dark web is, it is best to put it in context. Usually, when we use the World Wide Web, we consult websites we know, and we use search engines to find other information that is publicly accessible. This part of the Internet that is available to the public and can be found through search engines is often referred to as the surface web. (The terms clear web and Clearnet are also occasionally used). It’s one part of the Internet that most of us access on a daily basis.

Apart from that, there is information that is not freely accessible to all and that is not indexed by search engines. This includes all the information where access is restricted, and you need credentials to be able to access it. This is called the deep web. It comprises all kinds of subscriptions you may have, all the information your service providers keep on their private databases, your bank account and medical records, email & financial information, academic and scientific databases, legal documents, etc. If, as a lawyer, you use a cloud-based solution to run your firm, all that information is stored in the deep web, too. Even most social media are not indexed by search engines, and therefore are part of the deep web. Most of us access the deep web, too, on a daily basis.

This deep web is by large the biggest part of the Internet. Estimates about what percentage of the Internet is publicly accessible range between 0.1 to 10 percent. In other words, anywhere between 90 to 99.9 percent of the Internet belongs to the deep web.

The dark web, sometimes called the darknet, is a part of the deep web for which you need extra tools to gain access to it. The information is encrypted, and you need at least a specialised browser to access it. A Virtual Private Network (VPN) and good antivirus software and a firewall are usually recommended as well if you want to access it safely.

Summarizing, there are three parts of the World Wide Web: a) the publicly accessible and indexed part, called the surface web, b) the part that is not indexed by search engines and is not accessible to everyone, called the deep web, a c) a part that is hidden and for which special tools are needed, referred to as the dark web.

What can you find on the dark web?

When we think of the dark web, we typically think of hackers, illegal markets and pornography, pirated content, and other types of cybercrimes. But there are positive aspects to the dark web too. It provides safe ways, e.g., for activists and whistleblowers to share information. There are chat rooms for developers. And you’ll even find copies of popular websites on the dark web, which allow people who live in locations where Internet access is restricted to still access them.

Here is a list of examples of what you can find:

Link directories to find the URLs for websites on the dark web. (As the content is not indexed by search engines, you have to rely on these link directories).
Dark web versions of popular websites: most social media and news outlets, e.g., also have dark net versions.
Email services.
File uploads and transfers. These include both perfectly legal as well as illegal – e.g., pirated – files.
Forums and chat boards, including forums for freedom fighters and protestors, developers, journalists, but also hackers.
Whistleblowing websites and tip-off pages, which are commonly used by the press.
Blogs run by privacy-conscious individuals.
Black Markets.
Bitcoin / cryptocurrency services.
Hacking groups and services.
Financing and fraud.
Illegal pornography.
Hoaxes and unverified content.
Pirated Content.

A report, called Into the Web of Profit and discussed in the CSO Online article, identified 12 categories of tools or services that could present a risk in the form of a network or data breach compromise:

Infection or attacks, including malware, distributed denial of service (DDoS) and botnets
Access, including remote access Trojans (RATs), keyloggers and exploits
Espionage, including services, customization and targeting
Support services such as tutorials
Credentials
Phishing
Refunds
Customer data
Operational data
Financial data
Intellectual property/trade secrets
Other emerging threats

“The report also outlined three risk variables for each category:

Devaluing the enterprise, which could include undermining brand trust, reputational damage or losing ground to a competitor
Disrupting the enterprise, which could include DDoS attacks or other malware that affects business operations
Defrauding the enterprise, which could include IP theft or espionage that impairs a company’s ability to compete or causes a direct financial loss”.

Why is it important?

With all the illegal activity going on, on the dark web, the question is often raised whether it would not be better to shut it down altogether. But that would be a clear case of throwing out the baby with the bath water, as the dark web offers some essential services.

Historically, the dark web was created for US intelligence and counterintelligence services to safely exchange information. Then several civil rights groups started using it as well because it allowed them to also exchange information safely and anonymously. And then the criminals hopped on board too.

By now, it is also being used by journalists, activists, whistleblowers, and freedom fighters. And as mentioned above, copies of popular websites on the dark web provide access to people who could otherwise would not be able to access them.

What do you need to access it?

So, how can you safely access the dark web? To safely access the dark web, three or four items are recommended. First, you need a browser for the dark web. Next, it is recommended that you always use a Virtual Private Network (VPN), and that you have up-to-date antivirus software. A good firewall comes in handy, too.

A browser for the dark web: the dark web uses encrypted information on web addresses that end on a .onion extension. By default, most browsers cannot read these websites. The TOR browser was created specifically for the dark web. It is a customised version of the Firefox browser with specific enhancements to guarantee privacy and anonymity. It can also route information through trusted nodes, so it cannot be intercepted. But note, that by default, if a normal internet connection is available, Tor will use that one, and you must choose to use the Tor network to make use of its own nodes.

The Tor browser is not the only one that can be used to access the dark web. Two popular browsers, Firefox and Opera, can easily be configured, too, to access the dark web. This is, however, not recommended as they do not have other privacy protecting enhancements built in. Several companies have created customised versions on the Tor browser, typically with enhanced functionality like higher encryption, etc. These include Subgraph OS, Waterfox, Tails, and Whoix.

A Virtual Private Network (VPN): in essence, a virtual private network is a tool that allows you to surf anonymously on the Internet. Usually, when you surf the web, your IP address is visible not only to all websites you visit, but also to all the Internet nodes that relay the information between your computer or mobile device and that website. What a VPN does, is route that traffic through a server and the IP address of that server is used instead. VPN service providers typically have servers in many countries, so you can choose which country you pretend to be surfing from. On top of that, all communication is also encrypted for enhanced security.

Up-to-date antivirus and a firewall: the dark web can be a very dangerous place and accessing dark web websites can be risky. Websites with illegal content will almost always try and install malware on your device, but other sites may be infected, too. Up-to-date antivirus software and a firewall help reduce the risk but cannot eliminate it altogether.

How to access the dark web in five easy steps

The safest way to access the dark web is on a desktop, rather than a mobile device. (Some security experts explicitly advise against using a mobile device to access the dark web). Once you’ve installed TOR, or a compatible browser, and you’ve installed your VPN, you can access the dark web in five easy steps.

The first step is to open your VPN software.
In your VPN software, connect to a server in a different country.
Open the Tor browser.
Click the “Connect” button.
You are now ready to begin browsing the dark web.

Remember, the content of the dark web is not indexed. So, you can’t really use a search engine to find information. Your alternative is to use one of the many dark web directories. But keep in mind that these get outdated fast. Only the dark web versions of popular surface web websites tend to keep the same URLs.

Extra recommendations for safe access

The dark web can be a dangerous place. It is therefore good to take some extra safety measures.

Create a Tor-specific user account. Never use an email address or even a password that you have used before. Use an anonymous encrypted email account and aliases that you have never used before either and that cannot be traced to you. Never use this user account outside Tor.
Don’t use your mobile phone for 2-step verification on Tor.
Never use your real name or photos. Don’t post any of your personal information.

Never have dark web stores mail packages delivered to your real address — use a PO box.

Don’t send unencrypted data over Tor. For that same reason, do not use HTTP websites on Tor, because they are not encrypted.
Don’t forget to delete cookies and local website data.
Don’t use Tor for Google search.
Don’t connect to the same server with and without Tor simultaneously.

Don’t install browser plugins, as they can be manipulated into revealing your IP address.

You may even consider using the TAILS operating system (which is booted as a live DVD or live USB), as this leaves no digital footprint on the host machine.

In a follow-up article, we will look at what lawyers need to know about the dark web.