The Dark Web isn’t illegal to use, but its criminal associations demand caution. Missteps can lead to investigations, making it crucial to understand legal boundaries and potential consequences.
Key Takeaways
If you follow Toronto-area news, you’ll occasionally hear of significant arrests carried out by police services in relation to illegal activities on the Dark Web. Case in point, last Spring, Ontario Provincial Police charged 64 people across the province with child exploitation offences. In news reports , police suggested that some of the illegal activity may have occurred on the Dark Web, and a child protection advocate noted that “[e]nvironments like the Dark Web fester and facilitate [the sexual abuse and exploitation of children].”
This begs the question of what exactly is the Dark Web and is it illegal to use the Dark Web in Canada.
Robbie Tsang : “Navigating legal issues arising from Dark Web usage requires a nuanced understanding of both technology and the law.”
The Greater Toronto Area criminal lawyers of Mass Tsang will advise you that while accessing and using the Dark Web is not a crime in Canada, it is a hotbed of criminal activity. Thus, those who enter the Dark Web could inadvertently stumble into illegal content or activities, making them subject to potential police investigation if they identify them on a site used for illicit activities. Here is what you need to know about the Dark Web and how it intersects with illegal activities and content.
The Dark Web is an intentionally hidden Internet component that cannot be accessed using standard web browsers or search engines like Google. To gain access, you need specialized software that routes your connection via a network of encrypted servers, which hide your identity and location to provide anonymity. The Dark Web is similar to, and a subset of, the Deep Web, which refers to all parts of the Internet not indexed by standard search engines. The key difference between the two webs is that the Dark one is intentionally hidden, while the Deep one is merely private. Deep Web Content includes anything protected by a paywall or requiring sign-in credentials, like medical records, fee-based content, confidential corporate websites, banking portals, e-mail accounts, and private databases. Additionally, access to Deep Web content only requires login credentials or special access codes.
Question: Is using the Dark Web illegal in Canada?
Answer: No, accessing the Dark Web is not illegal in Canada. However, engaging in illegal activities, such as accessing child pornography or participating in criminal transactions, can result in serious charges under Canadian law.
Jeff Mass : “The Dark Web is not inherently illegal, but its association with criminal activity means users must exercise extreme caution.”
While people tend to associate the Dark Web with criminal activity, it does have some legitimate purposes. As an anonymous communications channel, it helps people in oppressive countries overcome limits to free speech, Internet usage restrictions, and government eavesdropping. Journalists use the Dark Web to protect confidential sources and access censored information, while whistleblowers rely on it to anonymously disclose sensitive information. Other legal uses revolve around its exceptional security and high level of privacy.
However, the security and relative ease of maintaining anonymity help make the Dark Web a significant hub of criminal activity. Among the most nefarious activities conducted on the Dark Web is related to accessing child pornography. According to research published in 2020, up to 80% of Dark Web traffic involves accessing child porn, and police have dismantled several child pornography networks on the Dark Web, including one with 400,000 registered users and another with over 200,000 members.
Criminals also use the Dark Web to buy and sell illegal goods and services, including drugs, weapons, counterfeit products, prostitution, and more. Cybercriminals use the Dark Web to help them hack, distribute malware, and engage in identity theft, and it serves as a marketplace for their stolen data and cybercrime services.
Terrorists communicate over the Dark Web and use it for recruiting, fundraising, and propaganda purposes. With its reliance on cryptocurrencies for transactions, the Dark Web also supports money laundering activities.
In short, the Dark Web is used to support numerous criminal activities. While you cannot commit murder on the Dark Web, numerous hitmen advertise their services on it. For example, the Dark Web site “Slayers Hitmen” reportedly offers to scare victims for $1,000, beat or rape victims for $2,000, cripple them for $10,000, or torture them for $20,000. A simple hit with a gun goes for a bargain of $15,000, while death by torture commands $50,000. They charge $40,000 for a poison hit or $42,000 for a painless poisoning. Nice guys, eh?
| Category | Examples | Legality |
|---|---|---|
| Legal Uses | Overcoming censorship, protecting confidential sources, anonymous whistleblowing. | Legal |
| Illegal Uses | Child pornography, illegal goods/services transactions, hacking, identity theft, terrorism. | Illegal |
Of course, if you’re looking for products or services from anonymous criminals that can easily disappear into the Dark Web’s ether, you’ve got a good chance of getting scammed. Consider that, to date, no known murders have been committed by any of the Dark Web’s purported hitmen service providers (though a drug trafficker did successfully use the Dark Web to hire two teenagers to kill a police detective).
The anonymity and ease of disappearing — and then reappearing with a different “retail” name—combined with the extensive criminal elements means that anyone trying to transact legitimate or illicit business on the Dark Web risks getting scammed.
Given that you are a law-abiding citizen — right — and you don’t want to be scammed or otherwise interact with those who might have ill intent, why would you even want to consider using the Dark Web? As we noted, merely entering and surfing the Dark Web is not illegal, and the police should have little reason to investigate your activities there unless you commit an unlawful act while using it. However, interacting with a Dark Web site engaged in criminal activity could make you subject to a police investigation and even an arrest, depending on the interaction.
For example, if you were to accidentally enter a child pornography Dark Web site, police could believe that you are violating Section 163.1(4.1) of the Criminal Code , which prohibits accessing any child pornography. Given that you “accidentally” entered the site, your primary defence would likely involve proving that your actions were not intentional, which the Crown needs to prove to secure a conviction.
The bottom line is if you’re bound and determined to surf the Dark Web, know that many criminal elements use it, and it is actively monitored by law enforcement agencies worldwide, including the Royal Canadian Mounted Police. Additionally, despite the Dark Web’s security and anonymity features, law enforcement agencies use advanced technologies to track users engaged in illegal activities. If you do accidentally stumble upon illegal content like child porn on the Dark Web, your best recourse is to immediately leave the site and report it to the police.
| Crime | Description | Potential Sentence | References |
|---|---|---|---|
| Accessing Child Pornography | Viewing or downloading illegal content involving minors. | Up to 14 years imprisonment | Criminal Code, Sec. 163.1(4.1) |
| Trafficking Drugs | Buying or selling illegal substances. | Up to life imprisonment | Controlled Drugs and Substances Act |
| Cybercrime | Hacking, identity theft, or distributing malware. | Varies by offence | Criminal Code |
| Money Laundering | Using cryptocurrencies to conceal illegal financial activities. | Up to 10 years imprisonment | Criminal Code |
| Fraudulent Transactions | Scamming users with fake goods or services. | Up to 14 years imprisonment | Criminal Code |
| Scenario | Potential Legal Outcome |
|---|---|
| Accidentally entering an illegal site | Possible investigation; Crown must prove intent to convict. |
| Reporting illegal content immediately | No legal consequences if reported promptly to authorities. |
| Interacting with criminal elements | Subject to police monitoring, investigation, or arrest. |
If police are investigating you or have charged you with accessing child pornography or engaging in other Dark Web illegal activities, turn to the Greater Toronto Area criminal defence experts at Mass Tsang. For a free consultation, contact us today.
