Topic [002]: the Dark Web

Southern Ontario Model United Nations Assembly XLVIII World Intellectual Property Organization: The Dark Web

Topic [002]: The Dark Web

Introduction:

The Dark Web encompasses encrypted online content which is not indexed by conventional search engines.1 As a component of the deep web it encapsulates a wider breadth of content which does not appear in typical internet browsing activities. A 2019 study, Into the

Web of Profit, conducted by Dr. Michael McGuires at the University of Surrey found that the number of dark web listings that hold the potential to harm an enterprise has risen by 20% since 2016. While the Dark Web’s anonymity allows for free speech where individuals can communicate without government interference, it also creates a haven for illicit activity such as, the buying and selling of drugs, child pornorgraphy, distribution of private information and human trafficking. By threatening the security of individuals and offering unrestricted access, the Dark Web holds the potential to jeopardize national security.

1 h ttps://www.investopedia.com/terms/d/dark-web.asp

Southern Ontario Model United Nations Assembly XLVIII World Intellectual Property Organization: The Dark Web

Due to the complex nature of this issue, it requires an innovative, multidimensional and implementable solution. Solutions must encompass both short term and long term implications while presenting a legislative perspective. One should bear in mind that standardized legislation is imperative in adapting to the ever changing technological community. Furthermore, mechanisms allowing the accumulation of information about the dark web users and their actions should be discussed.

Definitions and Key Terms:

World Wide Web: The World Wide Web (WWW) is a network of online content in which all interlinked pages can be accessed through hypertext links. It was originally designed in 1991 by

Tim Berners-Lee.2

Deep Web: The portion of the Internet that is hidden from conventional search engines, through encryption; the aggregate of unindexed websites3

Dark Web: The part of the Deep Web that is intentionally hidden from search engines and uses masked IP addresses. It is accessible only with a special web browser.4

Onion Routing: Onion Routing (TOR) is a technique for anonymous communication over a computer network in which messages are encapsulated in layers of encryption, analogous to layers of an onion. 5

2 h ttps://www.techopedia.com/definition/5217/world-wide-web-www 3 h ttps://www.dictionary.com/browse/deep-web 4 h ttps://www.dictionary.com/browse/dark-web 5 h ttps://www.geeksforgeeks.org/onion-routing/

Southern Ontario Model United Nations Assembly XLVIII World Intellectual Property Organization: The Dark Web

Darknet Markets: Any market on the dark web intended for illegal purposes. To access such markets, the user requires specific software such as The Onion Routing (TOR) or the Invisible

Internet Project (I2P). Transactions take place through bitcoin in order to protect the identity of the buyer and seller.6

Background Information:

The early versions of the Dark web, known as ARPANET, were developed in the early

1970’s, when students at Stanford sold an undetermined amount of marijuana to students at

MIT.7 As the globe shifted towards digitization, the internet became more prominent allowing for a plethora of opportunities within the Dark Web. In March 2000, Freenet was launched, an open-source software used for data sharing,protected with privacy protections. Due to its decentralized network, it allows for total anonymity, enabling freedom of speech without censorship. 8 It was the first online platform which attracted “dark” or illegal activity. Perhaps the most pivotal point in Dark Web development was the release of TOR or The Onion Router. It was created by the US government as a tool to aid their own operatives to remain untraceable and also is a fundamental aspect of accessing the Dark Web. The introduction of Bitcoin in the late 2000’s allowed for the maturation of the Dark Web and its Darknet black markets. It is imperative to note that the Dark Web’s use is not illegal per se; however, it holds the potential to host illegal activity such as pedophelia, and terrorism which make it particularily dangerous.

If implemented online, these activities fall under the notion of cybercrime. In many cases

6 h ttps://www.investopedia.com/terms/d/darknet-market-cryptomarket.asp 7 h ttps://www.theguardian.com/science/2013/apr/19/online-high-net-drugs-deal 8 h ttps://hackwarenews.com/the-dark-web-a-history-lesson/

Southern Ontario Model United Nations Assembly XLVIII World Intellectual Property Organization: The Dark Web cybercrime is negated under the notion of the right to privacy and TOR or any other software enable the right to anonymity. However, in recent times there has been a significant shift in the usage of resources within the Deep Web from purely repression based into illicit activities. In a study conducted by the University of Luxembourg in 2013 they found that out of 40,000 unique onion addresses, 56% were on anonymity, politics, human rights violations and other aspects of political anonymity. However, 44% of the resources were about drugs, adult content, counterfeit products and weapons. The researchers arrived at the conclusion that the “number of hidden services related to illegal activities was equal to the number of resources focusing on legal activities.”9

Today, despite the decrease in overall usage the Dark Web offers an unprecedented variety of hidden services, which allow its impact to be disproportionately large to its size. Small groups of hackers have the ability to significantly impact multi-billion dollar corporations along with their users.

The Hidden Wiki and TOR

The Hidden Wiki is the name used by ample censorship-resistant wikis which operate as

Tor hidden services that users can anonymously edit after registering on the site. 10 TOR holds two crucial features which make it imperative for access to the Dark Web:

9 https://read.un-ilibrary.org/human-rights-and-refugees/deep-web-going-beneath-the-surface_a9373199-en#page1 10 h ttps://en.wikipedia.org/wiki/The_Hidden_Wiki

Southern Ontario Model United Nations Assembly XLVIII World Intellectual Property Organization: The Dark Web

(1) Anonymous access to all websites, making it nearly impossible to track users

(2) Access to websites or hidden services which are blocked for those who try to access

them without TOR

This is accomplished by making the connection between two users hop from one server to another. Within TOR, the messages sent and responses received are encrypted with different keys, providing a unique key for encryption for every different server visit. Due to the sheer amount of layers of encoding, even if someone is trying to intercept the message all they will receive is the address of the input node and a thrice encrypted message.11

Originally TOR was created by the United States government, specifically the Navy, purposed to protect the communication of the military. In certain cases TOR has proven to be valuable, specifically during the Arab Spring. During that time, TOR usage went from 7,000 in

2010 to 40,000 users in 2012 in Iran. In 2014 Turkey, after the government blocked Twitter and

Youtube, TOR usage reached an all-time high. Today, approximately two million people use

TOR on a daily basis worldwide. In many countries, TOR has become a tool for activism, allowing minorities to escape persecution while providing a platform which protects freedom of expression. However, the particular concern comes with the notion of unrestricted anonymity.

According to RSA, a digital risk assessment firm, the predominant uses of TOR are:12

● Trade of stolen financial data (credit cards)

● Financial fraud

● Illegal sexual content

11 h ttps://www.geeksforgeeks.org/onion-routing/ 12 h ttps://www.rsa.com/en-us/blog/2016-02/role-tor-cybercrime

Southern Ontario Model United Nations Assembly XLVIII World Intellectual Property Organization: The Dark Web

● Bypassing censorship: banned political activity, surfing to blocked sites (for example in

countries like Russia and China)

● Drug trafficking and weapons trading

● Gambling

● The sale of stolen goods

● Anonymous instant messaging

Commercial Services in the Dark Web:

Darknet markets, or cryptomarkets are dark web sites with goods for sale. Although some products are legal, illicit goods such as stolen information, weapons and drugs are common items in these markets. A crucial feature of darknet markets is the anonymity in transactions, as they take place via Bitcoin using dark wallets. The mainstay of darknet markets is the sale of illegal drugs and in 2015 The Economist found that between $150 and $180 million worth of drugs were sold through darknet transactions. Not only do these markets provide the items, but also the resources to get these products through the mail, including supplies needed to disguise shipments. In addition to drugs, darknet markets offer a wide variety of products and services ranging from stolen information to pornographic content to weapons or poisons.13

Case Study: Silk Road

One of the most controversial commercial services in the history of the dark

web is the “Silk Road.”.The Silk Road was founded on an anarcho-libertarian

13 h ttps://www.investopedia.com/terms/d/darknet-market-cryptomarket.asp

Southern Ontario Model United Nations Assembly XLVIII World Intellectual Property Organization: The Dark Web

philosophy, believing that anything not violent should not be criminalized. In 2013, Silk

Road counted 13,000 items listed and in two and a half years of operation their sales

totalled to 9.5 million in Bitcoin which is equivalent to 1.2 billion dollars.14 Silk Road

was a paradigm-shifting innovation as it provided more security and easier access to

drugs. Silk Road was seized in 2013 by the FBI, however that only insighted more

development of niche darknet markets. According to Deepdotweb, analogous to

TripAdvisor for black markets, said that in 2017 there were at least 20 well established

black market sites.15 The primary issue that Silk Road showed was the vulnerability of

national governments from a lack of understanding of how the Dark Web works. It

showcased the lack of sophisticated tracing technology and inaction of governments in

the war on drugs, which is still shown today. Without pertinent action, more radical

markets such as the Assassination Market can become normalized.

Terrorism and Cyber Security

Since the late 1990’s terrorists have been active on digitial platforms; however, since websites on the Surface Web are subject to being discovered by anti-terrorism agencies, they have migrated to the Dark Web. Following the 2015 attacks in Paris, ISIS turned to the Dark

Web in an attempt to spread propaganda to protect their own supporters and not be subject to hacktivists. The “.onion” site that users were sent to held ISIS propaganda materials such as the

14 https://read.un-ilibrary.org/human-rights-and-refugees/deep-web-going-beneath-the-surface_a9373199-en#page3 15 h ttp:///www.deepdotweb.com/2013/10/28/updated-llist-of-hidden-marketplaces-tor-i2p/

Southern Ontario Model United Nations Assembly XLVIII World Intellectual Property Organization: The Dark Web documentary-style film The Flames of War. This website also held links to private messaging portals which allowed for ISIS to coordinate further attacks and gage interest from new members. This newfound transition from the Surface Web to the Dark Web has enabled terrorist groups to not only provide information, to recruit and radicalize, but now conduct all of these tasks in deeper layers of the Internet. Radical groups can now purchase firearms and gain donations without leaving a single digital trace. Due to this unregulated anonymity, tracking members of radical groups is much more difficult for governmental agencies. It also enables a wide spread of information in a very short time. In 2013, ISIS used new online applications such as Telegram to broadcast their messages to an unlimited number of members via encrypted mobile phone apps. The implications of this are of great magnitude and threaten the national security of almost every nation.

Major Countries and Organizations Involved:

India: According to a recent survey of over 23,000 respondents, India was found to be the nation with the highest share of internet users who have used technologies that allow access to the dark web (ex. TOR).16 Recognizing the various digital threats in India, the government has

16 h ttps://www.statista.com/statistics/1015229/dark-web-access-technology-usage-by-country/

Southern Ontario Model United Nations Assembly XLVIII World Intellectual Property Organization: The Dark Web taken multiple, futile steps in cybersecurity with a ranking by the International

Telecommunication Union as 47th in the Global Cybersecurity Index of 2018.17

United States of America: Although the United States did not partake in the Global

Cybersecurity Index of 2018, it is recognized as having the 2nd best cybersecurity readiness.

However, what makes the United States a crucial country involved is the global command it holds on Internet control. After 9/11 the United States thoroughly increased federal funding for cybersecurity, with the 2020 budget reaching approximately 17.74 billion dollars.18 In addition, U.S. private sector spending on cybersecurity rose to $124 billion in 2019.19 Given the current political state of the United States, it also holds the greatest vulnerability due to the sheer number of users and attacks within the nation.

The Global Commission on Internet Governance (GCIG): The GCIG parameters for the internet rely on openness, safety, trust and inclusion. On one had it advocates for Internet freedoms, fighting for net-neutrality. It is an external organization which condemns full governmental surveillance or the private sector. On the other hand, it supports end-to-end encryption, which enables anonymity, and should be regulated by law enforcement.

The International Telecommunications Union: The ITU presents a narrowly tailored human rights approach to this issue, and is the United Nations specialized agency for information and communication technologies. It works towards connecting all citizens through the World Wide

Web, specifically advocating for the right of access to the Internet. It is a crucial player as it

17 h ttps://www.itu.int/dms_pub/itu-d/opb/str/D-STR-GCI.01-2018-PDF-E.pdf 18 h ttps://www.statista.com/statistics/675399/us-government-spending-cyber-security/ 19 h ttps://www.rollcall.com/news/whitehouse/cybersecurity-up-5-percent-in-2020-budget-white-house-says

Southern Ontario Model United Nations Assembly XLVIII World Intellectual Property Organization: The Dark Web provides guidelines for nations in terms of cyber security. However, the issue of enforceability is largely controversial as the implementation of such guidelines falls under national legislation.

United Nations Involvement

To this date, the United Nations has only passed reports outlining issues with the Dark

Web, but has yet to present any resolutions which directly combat the lack of understanding and inaction. In 2018 it published a study by Dr. Giacomo Persi Paoli called “The Trade in Small

Arms and Light Weapons on the Dark Web: A Study”. The findings exemplify the scale and scope of arms trafficking on the dark web along with illustrating the range of weapons traded and their most common transit routes.

In a broader sense, the United Nations has passed ample resolutions and councils in terms of cybercrime and cybersecurity such as the European Council Resolution of 28 January

2002 on a Common Approach and Specific Actions in the Area of Network and Information

Security. 20

Conclusion

The duality of the Dark Web poses the question of how the international community can address burgeoning criminal activity on the platform? Firstly, increasing the overall understanding of how the Dark Web operates is imperative, and providing that information to both law enforcement and citizens is needed. Secondly, improving and creating international legislation related to this issue should be a number one priority. In order to deter potential

20 h ttps://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32003G0228(01):EN:HTML

Southern Ontario Model United Nations Assembly XLVIII World Intellectual Property Organization: The Dark Web criminals, posing robust punishments or reparations are in order. One of the primary areas of contention within this topic is in regards to the tradeoff between anonymity and security. In order for tangible action to take place, a consensus related to this dilemma needs to be found.

Delegates need to decide to what extent anonymity can be compromised in the name of national security as well as solve the issue of the lack of standardized regulations. Experts in the past have proposed undercover investigations, such as what the FBI conducted with the Silk

Road. Although, these mechanisms do propose ethical dilemmas as these traps could create uncertainty in the minds of offenders hence reducing the sense of freedom and anonymity.

Addressing the root of the source being the TOR websites is also needed along with an in depth analysis of the data collected relating to dark web transactions.

Discussion Questions:

1) To what extent should anonymity be compromised in the name of national security?

2) What is needed to prevent and end the misuse of the Dark Web?

3) Is it necessary to regulate the Dark Web?

4) To what extent does cryptocurrency play a role in the Dark Web?

Southern Ontario Model United Nations Assembly XLVIII World Intellectual Property Organization: The Dark Web

5) How can we effectively address the issue of the Dark Web in nations with different

government structures (authoritarian vs democratic)?

6) How might future technological developments impact current legislation in regards to

the Dark Web?