Is It a Crime to Use the Deep Web or Dark Web in Canada?

Accessing the deep web or dark web is not a criminal offence in Canada. You cannot be charged simply for searching or browsing these parts of the internet. However, engaging in illegal activities while using them can result in serious criminal charges.

The dark web’s association with criminal activity means users must exercise caution. Missteps can lead to police investigations, making it important to understand the legal boundaries and potential consequences.

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What Is the Deep Web?

The internet has two main parts. There is a portion that search engines like Google can access because it has been indexed for browsing. Then there is everything else, known as the deep web.

Google only searches approximately 0.004 percent of the entire internet. Everything that has not been indexed is considered the deep web. This includes content protected by paywalls or requiring login credentials, such as medical records, banking portals, email accounts, corporate websites, and private databases.

What Is the Dark Web?

he dark web is a smaller, intentionally hidden portion of the deep web. It is only accessible with special software, such as the Tor browser, which routes your connection through a network of encrypted servers to hide your identity and location.

The key difference between the deep web and dark web is that the dark web is intentionally hidden to provide anonymity. In contrast, the deep web is simply private content requiring login credentials.

While the dark web can contain valuable information and has legitimate uses, it is also notorious for illegal activity. Many websites operating within the dark web facilitate illegal drug trafficking, human trafficking, child pornography, theft, hacking services, and other criminal activities.

What Are the Legal Uses of the Dark Web?

Despite its association with crime, the dark web does have legitimate purposes. As an anonymous communications channel, it helps people in oppressive countries overcome limits to free speech, internet usage restrictions, and government surveillance.

Journalists use the dark web to protect confidential sources and access censored information. Whistleblowers rely on it to anonymously disclose sensitive information. Other legal uses involve its exceptional security and high level of privacy for lawful communications.

What Illegal Activities Occur on the Dark Web?

The security and relative ease of maintaining anonymity make the dark web a significant hub for criminal activity.

Among the most serious crimes conducted on the dark web involves accessing child pornography. Research published in 2020 suggested that up to 80 percent of dark web traffic involves accessing such material, and police have dismantled several networks with hundreds of thousands of registered users.

Criminals also use the dark web to buy and sell illegal goods and services, including drugs, weapons, counterfeit products, and more. Cybercriminals use it to hack, distribute malware, and engage in identity theft. The dark web serves as a marketplace for stolen data and cybercrime services.

Because it relies on cryptocurrencies for transactions, the dark web also facilitates money laundering.

Do the Police Monitor the Dark Web?

Yes. Law enforcement agencies worldwide, including the Royal Canadian Mounted Police (RCMP), actively monitor the dark web to control illegal activity.

The Canadian Safety and Security Program (CSSP) has funded the development of specialised software to detect and monitor illegal activity on the dark web. The federal government has authorised tech firms and the RCMP to develop this “deep web crawler” technology.

According to the federal government, the software’s main purpose is to detect and trace criminal behaviour on the dark web. Primary objectives include preventing child pornography, stopping dark web marketplaces, limiting human trafficking sites, and finding hidden hacker websites and communities.

Despite the dark web’s security and anonymity features, law enforcement agencies use advanced technologies to track users engaged in illegal activities. As these tools develop, individuals participating in illegal activity on the dark web will face an increasing risk of criminal charges.

What Happens If You Accidentally Access Illegal Content?

Interacting with a dark website involved in criminal activity could subject you to a police investigation, depending on the nature of the interaction.

For example, if you accidentally entered a child pornography site, police could believe you are violating Section 163.1(4.1) of the Criminal Code, which prohibits accessing child pornography. In such cases, your primary defence would involve proving that your actions were not intentional, which the Crown must establish to secure a conviction.

Intent plays a critical role in legal outcomes for dark web-related charges. If you accidentally stumble upon illegal content, your best course of action is to immediately leave the site and report it to the police.

What Are the Potential Penalties for Dark Web Crimes?

Criminal activities conducted on the dark web carry the same penalties as those committed elsewhere. Common offences and their potential sentences include:

• Accessing child pornography: up to 14 years imprisonment under Criminal Code Section 163.1(4.1)
• Drug trafficking: up to life imprisonment under the Controlled Drugs and Substances Act
• Money laundering: up to 10 years imprisonment
• Fraud: up to 14 years imprisonment
• Cybercrime offences: penalties vary depending on the specific offence

Should You Be Cautious When Using the Dark Web?

If you choose to browse the dark web, be aware that many criminal elements use it, and law enforcement actively monitors activity. Be cautious about any link you click, as some can be deceptive. Avoid any links that advertise illegal, disturbing, or harmful content.

The anonymity of the dark web also means a high risk of scams. Anyone transacting business on the dark web, whether legitimate or otherwise, risks being defrauded by anonymous criminals who can easily disappear.

Have You Been Charged With a Dark Web-Related Offence?

If you have been charged with a criminal offence related to activity on the dark web, you need experienced legal representation. These cases often involve complex technical evidence and require a lawyer who understands both the technology and the law.

Pyzer Criminal Lawyers has over two decades of experience defending clients facing serious criminal charges throughout Toronto and the GTA. We understand what’s at stake for your reputation, freedom, and future. Contact us at (416) 658-1818 for a free, confidential consultation to discuss your case.