Q&A – 13 August 2018
Legality of accessing the Dark Web
I have been guided by some computer experts that there are many interesting products and services available on the Dark Web that I can search for. He told me to download a special software to go onto the Dark Web and access all such sites. Is this legal and can I get into trouble for this?
MP, Mwanza
Before we answer your question let us discuss what our research on the Dark Web has revealed.
According to techadvisor, the internet is a much, much bigger place than you probably realise. You know about Facebook, Google, BBC iPlayer and Amazon, but many likely don’t know what’s lurking beyond those user-friendly and respectable websites. This is but a tiny corner of the internet, and the Dark Web and the Deep Web loom in much shadier corners.
The Dark Web is a term that refers specifically to a collection of websites that exist on an encrypted network and cannot be found by using traditional search engines or visited by using traditional browsers.
Almost all sites on the so-called Dark Web hide their identity using the Tor encryption tool. Tor has the ability to hide your identity and activity. You can use Tor to spoof your location so it appears you’re in a different country to where you’re really located, making it much like using a VPN service. When a website is run through Tor it has much the same effect.
To visit a site on the Dark Web that is using Tor encryption, the web user needs to be using Tor. Just as the end user’s IP address is bounced through several layers of encryption to appear to be at another IP address on the Tor network, so is that of the website.
Thus, sites on the Dark Web can be visited by anyone, but it is very difficult to work out who is behind the sites. The Dark Web is primarily used by persons who want to hide their identity and enter into discussions, dealings, purchases that are illegal. For example, our research discloses that persons can buy drugs, guns and other illegal devices on the Dark Web without law enforcement knowing.
We come back to your question on whether it is legal or not for you to access the Dark Web. You have not told us what you intend to purchase or look at on the Dark Web, but all indications are that you might end up purchasing goods or services, or viewing websites that are likely not legal in Tanzania, meaning that you commit an offence.
Tanzania has a very strict law, the Cyber Crimes Act, that provides for strict offences and penalties for Illegal access to computer systems, illegal interception of data, data espionage, illegal system interference and usage of illegal device, computer related forgery or fraud, pornography, hiding of identity, publication of false information, cyber bullying to mention a few. Almost all these are possible and primarily conducted through the Dark Web and it is likelier than not that you will be committing an offence as soon as you get onto the Dark Web. We strongly recommend you against venturing into the dark world of the Dark Web.
Threat to be sued for guaranteeing a loan
I guaranteed my uncle to pay a loan he took from a businessman. This guarantee was reduced in writing and I signed it. It was clear that my uncle was to pay the loan in one year. After my uncle failed to repay, he went back to the businessman and entered into another agreement where my uncle put his land located in the outskirts of Dar es Salaam as security. The businessman gave him some more money and they also agreed on further interest. In this second arrangement, I was not involved at all. My uncle has further defaulted to honor his promises and the businessman is now after me saying that I guaranteed so I should pay. He says that the land put as security will not be enough to cater for full payment of the loan and interest. Will I have to pay for the whole amount?
DF, Dar
The law of contract Act of Tanzania has a provision which states that any variance, made without the surety’s consent in the terms of the contract between the principal debtor and the creditor, discharges the surety as to transactions subsequent to the variance. We think the aforesaid provision of the law comes to your rescue on the liability on the changes made to the earlier terms between your uncle and the said businessman. It was improper under the law to make those changes behind you and yet for you to be liable for the entire debt.
The businessman cannot take you to task for the changes made to the earlier agreement without your knowledge and consent. In short he cannot import such subsequent liability upon you. We think if you will be sued, then you will have a good defence to that effect.
On whether you can totally be absolved of liability, this depends on how your first guarantee was drafted. It also depends on how the second loan was granted, what information the businessman had, whether there was collusion and the like. If there was any foul play in the granting of the second loan, then you might also be able to get out of your first guarantee. Before you get too excited with this proposition, we recommend you contact your lawyer who can study the documentation.