Summary
- Accessing the deep web and using Tor is legal in Australia, but engaging in illegal activities through these tools is not.
- Businesses should be aware that using Tor for legitimate privacy purposes is permissible, though it may attract regulatory scrutiny.
- Employees accessing the deep web on company networks can expose businesses to legal and security risks.
- This article explains the legal position on deep web access and Tor use in Australia, intended for business owners and their staff.
- The content is produced by LegalVision, a commercial law firm that specialises in advising clients on technology and internet law.
Tips for Businesses
Establish a clear internet use policy that addresses deep web access and Tor on company networks. Train staff on the legal boundaries of online activity. Monitor network usage where lawful to do so, and ensure any privacy tools used by the business comply with Australian law.
The surface web represents just 4% of the internet, the pages you can find through Google and other search engines. The remaining 96%, known as the deep web, is invisible to search engines and vastly larger. Whilst much of it is legitimate, the deep web has a reputation for hosting illegal activity, raising an important question for businesses and individuals alike. This article explores the legality of accessing the deep web in Australia and what risks you should be aware of.
The LegalVision Startup Manual provides guidance on a number of common challenges faced by startup founders including structuring, raising capital, building a team, dealing with customers and suppliers, and protecting intellectual property.
The guide includes 10 case studies featuring Australia’s top VC fund partners and leading Australian startups.
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.
LegalVision provides ongoing legal support for businesses through our fixed-fee legal membership. Our experienced privacy lawyers help businesses manage contracts, employment law, disputes, intellectual property, and more, with unlimited access to specialist lawyers for a fixed monthly fee. To learn more about LegalVision’s legal membership, call 1300 544 755 or visit our membership page.
Frequently Asked Questions
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.
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.
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.
Yes, businesses can face reputational and legal risks if associated with illegal dark web activity.
We appreciate your feedback! Request your free consultation now.
