Legal Information

DarkWiki Explains: Is Using Tor Legal?

In most democratic countries, using Tor Browser is legal. DarkWiki notes that the software is developed by a nonprofit organization and is used by journalists, activists, and privacy-conscious individuals worldwide.

However, some countries restrict or monitor Tor usage:

• China — Blocked; use may draw attention
• Russia — Legal but ISPs required to block
• Iran — Blocked but widely circumvented
• Belarus — Restricted

DarkWiki's Overview: What Activities Are Illegal?

While using Tor is legal, DarkWiki emphasizes that many activities on the darknet are not:

Always Illegal (Most Jurisdictions)

• Purchasing controlled substances
• Buying stolen data or credentials
• Acquiring weapons illegally
• Accessing or distributing CSAM
• Money laundering
• Fraud and identity theft

Gray Areas for Researchers

• Creating accounts — May violate terms of service or computer fraud laws
• Scraping data — Legal status varies; may violate CFAA in US
• Viewing illegal content — Generally illegal for CSAM; varies for other content
• Purchasing for research — Typically illegal even with academic intent

DarkWiki's US Law Overview

Computer Fraud and Abuse Act (CFAA)

DarkWiki identifies this as the primary federal computer crime statute. Key provisions:

• Unauthorized access to computer systems
• Exceeding authorized access
• Trafficking in passwords

DarkWiki advises researchers to be cautious about activities that could be construed as unauthorized access.

Controlled Substances Act

Purchasing scheduled substances is illegal regardless of research intent. DarkWiki emphasizes that academic researchers cannot legally purchase controlled substances from darknet markets.

DarkWiki's European Law Overview

GDPR Considerations

Research involving European users' data must consider GDPR requirements including:

• Legal basis for processing
• Data minimization
• Security requirements

Computer Misuse Laws

EU countries have varying computer misuse laws. The UK's Computer Misuse Act, Germany's StGB, and similar laws govern unauthorized access.

DarkWiki's Guide to Academic Research Protections

Institutional Review Board (IRB)

DarkWiki recommends that academic researchers work with their institution's IRB when research involves:

• Human subjects (including darknet users)
• Sensitive data collection
• Potential legal or ethical concerns

Research Exemptions

Some laws provide limited exemptions for research. However, these typically do not protect:

• Active participation in illegal activities
• Purchasing illegal goods
• Unauthorized computer access

DarkWiki's Guide to Journalist Protections

DarkWiki notes that journalists covering the darknet should understand:

• Shield laws — Vary by state/country; protect source confidentiality
• No protection for crimes — Journalism does not excuse illegal activity
• Source protection — Technical measures (encryption) supplement legal protections

DarkWiki Best Practices

• Document your research methodology
• Obtain institutional approval where required
• Consult with legal counsel before potentially sensitive activities
• Do not purchase illegal goods for any reason
• Implement proper data security measures
• Be prepared to explain your activities if questioned

DarkWiki's Legal Resources

• EFF Legal Guide — eff.org — DarkWiki-recommended digital rights legal resources
• ACLU — aclu.org — Civil liberties legal guidance
• Academic Freedom Resources — Various university legal departments

Last Updated: January 2026 — DarkWiki Legal Information Guide