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When you browse the Internet, check your email or watch a video on YouTube, you are accessing the surface web. Also known as the ‘visible web,’ this is content anyone can access, particularly aided by search engines such as Google. Currently, 4% of the world wide web is surface web (the equivalent of 8 billion pages). The remaining 96% of the world wide web is the deep web (or invisible web). The deep web is any content that search engines cannot index or crawl. The deep web is approximately 500 times the size of the surface web.
Whilst much of the deep web is benign, it has a reputation for playing host to criminal or illegal activity. In light of that and the fact that the deep web is completely anonymous, it raises the question: is it legal to access the deep web?
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Accessing the Deep Web
You need a dedicated browser to access the deep web. The Onion Router (Tor) is the most common browser, followed by I2P and Freenet. You cannot directly access information on the deep web. Rather, a number of different servers will host files through peer-to-peer networking. Consequently, this method of accessing data is often encrypted, making it difficult to track where users are located and what information or data they are accessing.
Tor is free software that conceals the user’s IP address, preventing personal data or metadata from being collected about the user. You can also download Tor as an add-on for surface web browsers.
So, is it legal to use Tor and similar browsers? The short answer is yes. These kinds of dedicated browsers are used by the military, police, journalists and whistleblowers to maintain their privacy online. However, it is important to consider not only whether something is legal but whether it is advisable.
The Dark Web
Due to the anonymity that Tor and such private browsers offer, the dark web is also a popular nesting ground for criminal and illegal activity. As such, certain corners of the dark web have marketplaces dedicated to weapons trading and drugs.
In 2013, the FBI raided the infamous online drugstore Silk Road. Silk Road operated on the dark web, where it accepted cryptocurrency Bitcoin. Over one billion dollars worth of goods were sold on Silk Road before it was taken down.
More recently, in 2021, German police spearheaded an international mission titled “Operation Dark HunTor.” The operation took down the dark web marketplace DarkMarket, the largest underground online drug bazaar operating at that time. The internet’s international capabilities also translate into criminal activities. The police were able to gather further information that led to 150 arrests spread across eight countries. Police seized over 230 kilograms of drugs and $31.6 million in cash and cryptocurrency.
While it is legal to access the deep web with a dedicated or anonymous browser, many websites on the deep web are not legal to visit. Further, if you are a business owner, you represent not only yourself but your brand and business. It is worth considering the reputation of the dark web and the potential criminal underbelly you may come into contact with if you want to explore the dark web.
Key Takeaways
While using a Tor browser to access the deep web is legal, there is no guarantee that you are completely safe and anonymous. There have been numerous instances of de-anonymising Tor users by the NSA in the US and other government agencies. Due to the nature of the deep and dark web, Tor users can often hack other Tor users to find out personal information about them. While it is legal to use, users should be cautious of the risks and how this may reflect on you or the business you operate.
For more information about safeguarding your business against cybersecurity or privacy risks, our experienced privacy lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 1300 544 755 or visit our membership page.
Frequently Asked Questions
What is the difference between the deep web and the dark web?
The deep web is anything on the internet that is not indexed by a search engine like Google but can still be accessed by a standard browser. The dark web is purposefully hidden and requires a Tor browser to access.
What is dark web monitoring?
Dark web monitoring is a form of cybersecurity that some businesses might offer. It can proactively check your information against a database of credentials (such as passwords or emails) that have been breached and will alert you if your information has been compromised and ends up in that database.
What are the risks of using the dark web?
While using Tor and similar browsers is legal, the dark web has a reputation for criminal activity. Users may inadvertently encounter illegal marketplaces or other illicit content.
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