The Dark Web & Indecent Images of Children

Many of BSQ’s cases feature allegations that users have accessed illegal material on the Dark Web.

In the vast majority of cases we handle, however, illegal material is said to be accessed on the ‘surface’ web which contains publicly accessible web pages usually indexed on search engines. Experts believe only a small proportion of illegal images are stored on the dark web.

What is the Dark Web

The Dark Web is the term used to refer to areas of the internet that are hidden from view from the public. The Dark Web accounts for 0.01% of the total number of webpages on the internet. The most common way to access the Dark Web is through ‘The Onion Router’ or Tor. As well as being hidden from the public, the dark web allows uses to access sites anonymously, allowing users to access websites and marketplaces that are not indexed by conventional search engines.

Accessing the Dark Web

The TorBrowser application, provided by the Tor Project, is freely available and serves as an encrypted browser. It was developed with funding from the US federal government to establish an anonymous connection to the dark areas of the internet. Upon installation, the browser attempts to configure connection settings automatically. It uses a search engine that does not store user data to enhance privacy and prevent personalized search results.

After performing a search, the TorBrowser displays the encrypted route, or circuit, indicating each "hop" between servers in different countries. The data is encrypted at each step, ensuring that by the time it reaches its destination, the original identity is completely anonymized. The use of an '.onion' address further contributes to the anonymization of the destination.

Recording Footprint History on the Dark Web

The Dark Web is well known as a clandestine platform where individuals can buy, sell, and trade illegal content and purchase illegal goods and services.  While these illegal activities may be shielded by the anonymity and encryption provided by the dark web, depending on how material downloaded from the dark web is saved, it may be capable of being retrieved on a forensic examination. Having a TOR browser on your computer is also often cited as an indicator that the user has some technical expertise and computer skills even if no evidence of illegal conduct can be traced to it.

Case Study

In a recent case BSQ partner Roger Sahota represented S, an IT professional. S denied knowingly downloading or “making” illegal material. The police alleged he had accessed this material using the TOR browser. BSQ submitted written pre-charge representations to the police which led to the investigation into S being discontinued.

How BSQ Can Help

The law and procedures in indecent images cases is far from straightforward. Most of our clients - who are mainly working professionals but can be drawn from every walk of life - find themselves in a situation they never imagined. Seeking guidance and legal advice from an experienced professional who specializes in indecent images cases becomes critical.

At BSQ, we provide an initial post-police interview consultation to our clients. During this consultation, we outline the following:

• What to expect in the upcoming legal process.

• Potential defences and alternatives to prosecution.

• Worst-case scenarios and possible outcomes.
  

Our goal is to ensure that our clients have a clear understanding of their situation and the legal options available to them.

If you are worried about your partner or a close friend or family member who has recently been arrested in an indecent images investigation, we would be happy to speak to you. As long as certain rules are complied with, we are permitted to taking instructions from third parties. 

You can find more information about our indecent images solicitors defence services, see our practice page.

 If you are accused of an indecent images offence and require legal representation, please contact our London offices on 020 3858 0851.