Shining a Light on Policing of the Dark Web: An analysis of UK investigatory Powers

The dark web and the proliferation of criminals who have exploited its cryptographic protocols to commit crimes anonymously has created major challenges for law enforcement around the world. Traditional policing techniques have required amendment and new techniques have been developed to break the dark web’s use of encryption. As with all new technology, the law has been slow to catch up and police have historically needed to use legislation which was not designed with the available technology in mind. This paper discusses the tools and techniques police use to investigate and prosecute criminals operating on the dark web in the UK and the legal framework in which they are deployed. There are two specific areas which are examined in depth: the use of covert policing and hacking tools, known in the UK as equipment interference. The operation of these investigatory methods within the context of dark web investigations has not previously been considered in UK literature, although this has received greater analysis in the United States and Australia. The effectiveness of UK investigatory powers in the investigation of crimes committed on the dark web are analysed and recommendations are made in relation to both the law and the relevant Codes of Practice. The article concludes that whilst the UK has recently introduced legislation which adequately sets out the powers police can use during online covert operations and when hacking, the Codes of Practice need to specifically address the role these investigative tools play in dark web investigations. Highlighted as areas of particular concern are the risks of jurisdiction forum shopping and hacking overseas. Recommendations are made for reform of the Investigatory Powers Act 2016 to ensure clarity as to when equipment interference can be used to search equipment when the location of that equipment is unknown

Watching the watchers: Taskforce Argos and the evidentiary issues involved with infiltrating Dark Web child exploitation networks

As the kind of technology used by offenders advances, it has become increasingly necessary for global law enforcement agencies to adopt proactive strategies in order to effectively combat the threat posed by the organisation of child exploitation networks on the Dark Web. In spite of concerns regarding the collection of evidence, Queensland Police's Taskforce Argos has cultivated a reputation for success in the covert infiltration of online forums dedicated to child exploitation material due largely to the relatively loose restrictions placed on it which allow officers to commit a wide range of criminal acts whilst conducting controlled undercover operations

Understanding the role of technology in the commercial sexual exploitation of children: the perspective of law enforcement.

This exploratory study was conducted to better assess how technology can be used in criminal investigations; it is important to get a better understanding of how technology is currently employed in child sex trafficking as well as the approaches and needs of law enforcement. 144 investigators from Internet Crimes Against Children (ICAC) Task Forces and affiliate agencies responded to an online semi‐structured survey, including 45 investigators with experience conducting investigations of the commercial sexual exploitation of children (CSEC) that involved technology. Participants included investigators working in local, county, and state law enforcement agencies in the United States. The discussion suggested a great deal of variation in perspectives and experiences surrounding the problem of CSEC and technology. Investigators were able to highlight both benefits and obstacles. Benefits included the availability of digital evidence instead of relying on personal accounts, the monitoring capabilities of police, and the ability to conduct extensive undercover operations. Obstacles tended to focus on financial concerns, the continual need for training and technical assistance, and the rapidly changing technological environment. Findings highlight the vast complexity and variability in these crimes. There is still quite a bit of the unknown when it comes to investigating CSEC – technology changes rapidly and avenues for marketing and communicating are vast. Continual education, training and technical assistance are central to investigators’ needs in this area

Fighting Fire with Fire: Technology in Child Sex Trafficking

We map real articulation data for five Swedish phonemen sequences onto parameters of a biomechanical tongue model that produces movement and muscle activations from position data. The movement produced is broadly correct and could likely be improved by a more fine tuned mapping. The muscle activations were found to vary between simulations using the same data but matched well with previous studies on muscle activity for vowels

Fighting Fire with Fire: Technology in Child Sex Trafficking

Mary G. Leary, Columbus School of Law at The Catholic University of Americ

Underground web: the cybercrime challenge

The two papers in this Special Report examine the central role that cybercrime plays in modern society and how technological developments create new opportunities for criminals to exploit. Overview Calum Jeffray’s paper, Caught in the net: the law enforcement response to international cybercrime, surveys the strategic cybercrime landscape and illustrates that, despite calls for law enforcement to ‘do more’ to prevent and investigate cybercrime, the agencies involved are often hampered in acting due to jurisdictional issues or the complexity of the investigations. Tobias Feakin’s paper, Cryptomarkets—illicit goods in the darknet, examines the emergence of the ‘darknet’, where trading in illicit goods and services in online black markets has become increasingly commonplace and exacerbates the problems that law enforcement already faces—tracing and prosecuting illegal activities online. This Special Report includes a foreword by Australian Federal Police Commissioner Andrew Colvin