The Dark Web and Employer Liability

18(1) University of Colorado Technology Law Journal (2019)

38 Pages Posted: 11 Oct 2018 Last revised: 6 Aug 2019

See all articles by David D Schein

David D Schein

University of Saint Thomas, Houston - Cameron School of Business

Lawrence J. Trautman

Prairie View A&M University - College of Business

Date Written: September 18, 2018

Abstract

The World Wide Web (“WWW”) is a dominant force in the lives of many. It provides access to a range of services and information from email access to shopping to social media to instant information on search engines like Google. For most persons using the WWW, this is all that there is to the Internet and in fact, perhaps many could do with a great deal less contact through Facebook and other social media. However, there is more to the Internet than the WWW. Some sources suggest that the non-WWW part of the Internet may be even larger than the WWW part. “The Dark Web” is the term used most often for the remainder of the Internet. The Dark Web provides a source for many contraband or illegal items, including weapons, drugs, pedophilia, ransomware, stolen identities and tools for terrorism. The reason for the growth of The Dark Web has been the possibility to use this avenue anonymously, unlike the WWW. The coin of this realm is the bitcoin, the untraceable virtual currency. For employers, allowing employees access to The Dark Web using computers and laptops, or even mobile phones, provided by the employer is a growing source of liability. This article explores the growing legal risks for employers.

Keywords: AlphaBay, Bitcoin, Carpenter, Criminal Law, Darkode, Dark Web, Employer Liability, Fourth Amendment, Hansa, Internet, Jardines, Jones, Kahler, Katz, Kyllo, PlayPen, Ransomware, Riley v. California, Silk Road, Virtual Currencies

JEL Classification: A10, B25, C99,D12, D23, D44, D63, D71, E40, G21, H26, K11, K14, K34, L82, L83, L86, M30, O34, P50

Suggested Citation

Schein, David D and Trautman, Lawrence J., The Dark Web and Employer Liability (September 18, 2018). 18(1) University of Colorado Technology Law Journal (2019). Available at SSRN: https://ssrn.com/abstract=3251479 or http://dx.doi.org/10.2139/ssrn.3251479

David D Schein

University of Saint Thomas, Houston - Cameron School of Business ( email )

United States

Lawrence J. Trautman (Contact Author)

Prairie View A&M University - College of Business ( email )

Prairie View, TX
United States

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