Can Deep Web Activities Be Prosecuted?

The deep web refers to parts of the internet that are not indexed by standard search engines. While much of the deep web is benign (e.g., private databases or encrypted information), there is also a section known as the dark web, which is often associated with illegal activities, including drug trade, hacking, human trafficking, and more. Many people believe the anonymity of the deep web provides immunity from legal consequences, but in reality, individuals engaging in illegal activities online can still be prosecuted under Indian laws.

Prosecution of Deep Web Activities in India:

Cyber Crimes and Cyber Laws:

Information Technology Act, 2000: The Information Technology Act is a comprehensive law governing cybercrime and electronic commerce in India. Activities on the deep web that involve hacking, data theft, cyber fraud, or the sale of illegal goods can lead to prosecution under this law. For example:

• Section 66C (Identity Theft): Using someone else's identity online without consent can lead to imprisonment of up to 3 years and a fine.
• Section 66D (Cheating by Personation): Fraudulent activities, including scamming or using false identities on the deep web, can result in imprisonment for up to 3 years and a fine.
• Section 66F (Cyber Terrorism): If someone uses the deep web to conduct activities that threaten the security of the state, such as cyber terrorism, they can face life imprisonment.

Illegal Activities on the Deep Web:

Drug Trade and Illegal Goods: Buying or selling illicit goods, including drugs, firearms, counterfeit products, or stolen data, on the deep web is illegal and punishable under Indian law. Such activities can lead to prosecution under the Narcotic Drugs and Psychotropic Substances Act, 1985 (for drugs) and other relevant criminal laws.

Hacking and Unauthorized Access: Engaging in hacking activities or unauthorized access to systems, often facilitated by the anonymity of the deep web, is punishable under Section 66 of the Information Technology Act, which deals with hacking and data breaches.

Child Exploitation and Pornography: Child sexual abuse material (CSAM) or child pornography, often found on the dark web, is illegal under Section 67B of the Information Technology Act. Producing, distributing, or accessing such material is punishable by rigorous imprisonment for up to 5 years and a fine, with higher penalties for repeated offenses.

Anonymity and Jurisdiction Issues:

While the deep web allows for anonymity through technologies like Tor (The Onion Router), this does not grant immunity from prosecution. Law enforcement agencies use advanced techniques and tools to track activities, even on encrypted platforms. Anonymity does not absolve individuals of criminal liability under Indian law.

The deep web operates globally, which can create jurisdictional challenges. If someone in India commits a crime on the deep web that involves servers or individuals in other countries, international cooperation may be required to investigate and prosecute the crime.

Trafficking and Human Exploitation:

The deep web is known for hosting illegal human trafficking networks. Indian law, under the Immoral Traffic (Prevention) Act, 1956, and international conventions, allows for the prosecution of those involved in trafficking or exploiting individuals online, including through dark web platforms.

Data Breach and Privacy Violations:

Data Theft: If sensitive personal or financial data is sold or shared illegally on the dark web, it can lead to prosecution under Section 43 (Damage to Computer System) and Section 72A (Disclosure of Information in Breach of Law) of the Information Technology Act, 2000.

Privacy Violations: If someone illegally collects or disseminates private data, they can be prosecuted for violating privacy under the Personal Data Protection Bill, once enacted. Even if the crime occurs on the deep web, Indian authorities can take action to protect individual privacy rights.

How Can Law Enforcement Track Deep Web Activities?

Blockchain and Cryptocurrency Tracking:

Since many deep web transactions, especially for illegal goods or services, are conducted using cryptocurrencies like Bitcoin, law enforcement agencies are increasingly using tools to track cryptocurrency transactions. These transactions can sometimes be traced back to an individual or entity, even on the dark web.

Collaboration with International Authorities:

Given that the deep web operates across borders, Indian law enforcement agencies collaborate with global agencies like Interpol and FBI to track and apprehend individuals engaged in cybercrimes. For instance, global takedowns of dark web marketplaces such as Silk Road and AlphaBay have resulted in arrests and prosecutions worldwide.

Use of Forensic Tools:

Cyber forensic experts and law enforcement agencies use various technical tools to trace deep web activities, analyze metadata, and uncover connections between criminals operating on the dark web.

Example:

A person in India purchases illegal narcotics from a seller on the dark web using Bitcoin. After the transaction is made, the authorities are able to trace the Bitcoin transaction to a specific wallet address and obtain details of the seller using blockchain analysis tools. The seller, located in another country, is apprehended through international cooperation between law enforcement agencies, and the buyer is prosecuted under the Narcotic Drugs and Psychotropic Substances Act, 1985 and the Information Technology Act, 2000.

Conclusion:

Activities on the deep web, including engaging in illegal trade, hacking, or accessing prohibited content, are subject to prosecution under Indian law. While anonymity tools like Tor may shield an individual's identity to some extent, they do not provide immunity from legal consequences. Law enforcement agencies are equipped with advanced tracking and collaboration mechanisms to investigate and prosecute individuals engaged in illegal activities online, including on the deep web.