ABSTRACT:
The dark web is the platform known for its anonymity and its maximum confidentiality in revealing the identity of the sender. It follows the asymmetric cryptocurrency and hash function through which you can encrypt the identity of the data sender. Distinction between the surface web and deep web is dealt with. Dark web is not accessed through the usual search engines such as Firefox, chrome, or google search but it is only accessed with specified search engines such as tor browser, invisible internet project and Freenet. Due to the excessive security and privacy it provides because of which it leads to both positive and negative outcomes from the users of the dark web. The crimes committed through dark web are drug trafficking, human trafficking, information leakage, child pornography, carding and payment fraud, arm trafficking, onion cloning, red room crimes, etc…, the role Indian legislative system plays in combating dark web crimes is not effective to curb the developing crime rates in India. Though these articles make certain recommendations like public awareness campaigns, international cooperation plays a major role in combating the crimes that take place on the dark web.
Key words: Dark web, Cybercrime, awareness, campaigns, challenges.
INTRODUCTION:
The internet is divided into three primary categories such as surface web, dark web, deep web all three types have its unique functions and accessibility levels. Surface web is a well known publicly available search engine which is easy to access by the normal prudent person on the internet. The examples of surfaces are googled, bing, yahoo etc.., are the famous surface web search engines. Only just 4-10% of all digital data which includes websites, blogs, stories, and social media networking platforms is found on this portion of the internet.
Deep web is not easily found in the normal search engine and the information is concealed behind security precautions such as paywalls, login forms. Deep web makes up 90-96% of the internet which encompasses private emails, academic resources, medical records and private company websites etc.., are the parts of the deep web.
Dark web is the darker side of the internet which is known for illegal activity. The person who accesses the dark web should be very careful and it is one of the most dangerous platforms to access one click might end up a man in jail. the dark web is the place where it is known for its anonymity and confidentiality because it uses the method called onion routing method where it encloses the identity of the sender with multiple layers of encryption as the onion. It will be difficult to the authorities to trace back the identity of the sender because of the multiple layers of encryption
CRIMES IN DARK WEB:
Dark web is known for its illegal activity some of the heinous crimes that take place in dark web are the following:
Drug trafficking
The illegal transfer of drugs and other illegal substances via the anonymous platform like dark web in which the transactions take place through bitcoins which enables the buyer and seller to not to come in contact with each other. The variety of substances are distributed such as fentanyl, methamphetamine and cannabis.
Human trafficking
Traffickers use the dark web as the master business place where most of the innocent humans are being transferred and transported to various places under coercion, fraud and misrepresentation. The interaction between the traffickers is through the medium of cryptocurrency which post challenges on the legal authorities to trace the offender.
Child Pornography
There are a large number of websites on the dark web which leak child pornography videos. The case of Peter Scully, the world’s most horrible predator, had the channel posting the harmful content of the children for which there were numerous numbers of subscribers. These activities keep increasing in the dark web and it has become the platform of evil spirits.
Red room crimes
The red room is the platform in the dark web in which the live streaming of violence and torture and murder are take place. Although it is live, it is difficult for the authorities to corroborate with the solid proof of the existence. Nonetheless, most of the experts’ states that the existence of the red room itself is a myth and it’s a fictitious one.
LEGAL FRAMEWORK FOR CYBERCRIME IN INDIA
In India the dark web is not illegal but it has some restrictions and the activities that take place in the dark web should align with the laws of the country. The main reason for making dark web legal in India is because of the positive outcome of the web where most of the whistleblowers feel protected to share the information. This places it as the platform through which most of the companies, even the government, is being benefited out of it. Most of the confidential information of the government agencies are passed through these platforms and interactions with the international agencies also take place in dark web platforms.
There nowhere in the Indian legislature the definition of the term dark web is defined there has been no complete meaning of the dark web is mentioned. But some of the statues deal with online crimes. The following are the frameworks given by the Indian legislature. Information Technology Act, 2000 (IT Act)
The Information Technology Act, 2000 is the primary legislation governing cyber crimes in India. Several provisions of the IT Act are relevant in combating illegal activities on the dark web under sections 66 to 70 and section 79 deals with the crimes of the dark web
Indian Penal Code, 1860 (IPC)
In addition to the IT Act, several sections of the Indian Penal Code (IPC) are invoked to tackle crimes facilitated by the dark web under Section 420 (Cheating and Fraud), Section 463 and 465 (Forgery), Section 468 (Forgery for Purpose of Cheating)
Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act)
India’s legislative framework for preventing drug-related offences, particularly those made possible via the dark web, is centred on the NDPS Act. Indian law enforcement has been keeping a closer eye on drug transactions on the dark web, and some successful investigations have resulted in the arrest of drug traffickers using these platforms.
National Cyber Security Policy, 2013
The National Cyber Security Policy seeks to establish a safe online environment in India, while not being a law. It covers topics pertaining to cybercrime, such as those that come from the dark web
The Reserve Bank of India (RBI) Guidelines on Cryptocurrency
Cryptocurrency Regulation: In order to monitor and manage transactions on the dark web, India is now developing specific laws to regulate cryptocurrencies. In order to control digital currencies and prevent their usage in dark web-related activities, the government is anticipated to introduce the Cryptocurrency and Regulation of Official Digital Currency Bill.
Indian Evidence Act, 1872
Prosecution of cybercrimes, particularly those perpetrated on the dark web, depends heavily on the Indian Evidence Act. It regulates whether digital evidence is admissible in court under section 65B Admissibility of Electronic Evidence.
RECOMMENDATIONS:
International co-operations
The main issues that arise in case of online crimes is the jurisdictional issue. There should be a uniform code through which the illegal activities in the dark web are regulated. India by interacting with the foreign enforcement agencies and knowing their way and method of handling the crimes on the dark web. India can adopt and learn the process and method through which other countries have effectively regulated the crimes on the dark web.
Public awareness campaigns
Most of the crimes on the dark web are committed by the people who lack knowledge about the seriousness of the act. There should be multiple awareness programmes, webinars, workshops to be conducted to inform the public about the risk involved in the dark web and its connection to illegal activities. Collaborating with non-governmental organisations to spread awareness about the online safety and consequences attached.
CONCLUSIONS:
Dark web crimes have been increasing rapidly and the existing measures taken by the Indian government is not sufficient to put an end to the growing crime rates in India. This article emphasises the importance of strengthening the legislative frameworks to curb the crimes in dark web. The importance of public awareness and international cooperation plays the crucial role in combating dark web crimes.
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WRITTEN BY – MUTHULAKSHMI B
