CYBERCRIME ENFORCEMENT ON THE DARK WEB: PRIVACY CHALLENGES AND INVESTIGATIVE POWERS UNDER THE CYBERCRIME CONVENTION
Abstract
The rapid development of digital technologies and the widespread use of anonymity tools have significantly altered the nature of cybercrime. In particular, the emergence of the Dark Web has provided criminals with an environment in which they can operate anonymously, making the detection and prosecution of cybercrime increasingly complex. In response to these challenges, the Convention on Cybercrime has established an international legal framework aimed at strengthening inter-state cooperation in combating cybercrime and facilitating investigation procedures related to digital evidence. It examines the provisions of the Convention on Cybercrime relating to Dark Web investigations and the protection of data privacy. First, it analyses the procedural mechanisms introduced by the Convention, particularly those relating to data retention, the search and seizure of stored computer data, and the interception of traffic data. It then addresses the development of data protection standards within the European Union, particularly Directive (EU) 2016/680 in the field of criminal law and police cooperation and its relationship with the General Data Protection Regulation (GDPR). Contemporary investigative methods used by law enforcement agencies, including technological tools such as Network Investigation Techniques (NIT), are evaluated. While these methods can increase the effectiveness of cybercrime investigations, they also raise significant legal concerns regarding compliance with jurisdiction, cross-border investigations, and international legal principles, particularly the protection of state sovereignty and privacy rights. Although the Convention on Cybercrime plays an important role in promoting international cooperation in combating cybercrime, it has been concluded that its provisions face difficulties in responding to technological developments and anonymous online environments such as the Dark Web. Therefore, clearer legal regulations and stronger international cooperation mechanisms are necessary to sufficiently protect fundamental rights, particularly the right to privacy, while maintaining the effectiveness of cybercrime investigations.
Keywords
Cybercrime Convention, Dark Web, Data Privacy, Network Investigative Technique (NIT), Cross-Border Investigation.
References
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