Media coverage in recent years of illicit websites, such as the Silk Road and other online havens for cybercriminals, has shed some light on "the Dark Web." Despite this attention, many corporate executives and managers responsible for corporate security or for protecting their company's brand and content have little to no knowledge of what the Dark Web is. To address this disconnect, we provide the following brief overview.

What is the Dark Web?

The Dark Web is a collection of websites that are publicly visible, but hide the IP addresses of the servers that run these sites. Simply put, anyone can visit a Dark Web site, but very few can determine where and by whom these sites are hosted.

How does the Dark Web work?

The overwhelming majority of Dark Web sites use the anonymity software Tor. The name Tor is an acronym derived from the original software project name, "The Onion Router." Tor software encrypts Internet traffic in layers and redirects this traffic around the world through randomly chosen computers, each of which removes a single layer of encryption before passing the data on to the next computer in the network. This process makes it extremely difficult for anyone, including anyone who controls a computer in the encrypted chain, to match the traffic's origin with its destination.

Glossary of Key Terms

When Internet users run a Tor browser, the sites they visit cannot easily see the user's IP address. Tor also provides anonymity to websites and other servers. Servers configured to receive inbound connections through Tor only are called "hidden services." Tor is necessary to access hidden services through their "onion address," which hides the service's server IP address and hence its network location.

Recent Developments

Law enforcement officials have been active over the past year with ongoing operations against some of the illegal marketplaces and money-laundering sites that proliferate in the Dark Web. For example, in November 2014, law enforcement authorities from various countries arrested 17 people and seized 414 different .onion domains during Operation Onymous.

Although the Dark Web is known as a safe haven for those who traffic in the sale of drugs, weapons, stolen intellectual property, counterfeit documents and child pornography, not everything on the Dark Web is "illegal." There are legitimate purposes. For instance, many activists and political dissidents use the Dark Web to exercise their right to freely express their opinions, or as a way to exchange and receive information that is censored or controlled. The same protection Tor provides to cybercriminals can also be used to circumvent censors and nationally imposed restrictions on the Internet.

Further, legitimate companies have taken steps to conduct business in the Dark Web. For example, Facebook launched a Dark Web site designed to appeal to users seeking enhanced cybersecurity and privacy who visit the site using Tor. Moreover, the Dark Web represents a treasure trove for corporate intelligence and security departments, cyber-intelligence vendors and commercial enterprises mining for intelligence and trend analysis data.

The anonymity provided by the Internet, or Surface Web, makes it difficult for trademark owners to enforce their rights against counterfeiters online. The hidden IP addresses of the Dark Web make it nearly impossible for brand owners to track the source of cybercriminal activity. INTA's Anticounterfeiting Committee will be monitoring this new way to conceal identities on the Internet and the ambiguities it creates for trademark enforcement.

For more information on the Dark Web, please see the Anticounterfeiting Committee Report.

Originally published by INTA Bulletin on April 15, 2015.

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