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 while 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.

中文翻译：

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照亮暗网监管：英国调查权力分析

暗网和利用其加密协议匿名犯罪的犯罪分子的激增给世界各地的执法部门带来了重大挑战。传统的警务技术需要修改，并且已经开发出新技术来破解暗网对加密的使用。与所有新技术一样，法律跟不上步伐，警察历来需要使用并非针对可用技术设计的立法。本文讨论了警方用于调查和起诉英国暗网犯罪分子的工具和技术，以及部署这些犯罪分子的法律框架。有两个具体领域需要深入研究：秘密警务和黑客工具的使用，在英国称为设备干扰。这些调查方法在暗网调查背景下的运作以前没有在英国文献中被考虑过，尽管这在美国和澳大利亚得到了更多的分析。分析了英国调查权力在暗网犯罪调查中的有效性，并就法律和相关的行为准则提出了建议。文章得出的结论是，虽然英国最近出台了立法，充分规定了警察在在线秘密行动和黑客攻击期间可以使用的权力，但行为准则需要专门解决这些调查工具在暗网调查中的作用。特别值得关注的领域是海外管辖论坛购物和黑客攻击的风险。