This Act establishes a dedicated task force and enhances penalties to combat the distribution of illegal drugs and goods via anonymous dark web marketplaces.
Margaret "Maggie" Hassan
Senator
NH
The Dark Web Interdiction Act of 2025 aims to combat the growing threat of illicit online marketplaces operating on the dark web, particularly those distributing illegal drugs. The bill establishes a new interagency task force within the FBI to investigate and dismantle these criminal operations. Furthermore, it increases penalties for dark web drug trafficking offenses and mandates reports on the use of virtual currencies in these illegal transactions.
The Dark Web Interdiction Act of 2025 is Congress’s new plan to tackle illegal drug sales and other criminal activity happening on the hidden parts of the internet. Essentially, this bill creates a dedicated federal task force to shut down these illicit online marketplaces and significantly increases the penalties for anyone caught dealing controlled substances via the dark web.
Section 5 of the bill establishes the Joint Criminal Opioid and Darknet Enforcement Task Force (JCODE) inside the FBI. Think of this as a specialized, interagency cyber SWAT team focused solely on the dark web. This isn't just an FBI effort; the team pulls in agents from the DEA, ICE, Homeland Security, the Postal Inspection Service, and even the Department of Defense. Their main job is to investigate, disrupt, and dismantle these hidden online markets, especially those pushing opioids. For a local police department struggling to track a drug source that uses encrypted communication and cryptocurrency, this task force is supposed to be the resource that provides the high-tech forensic support and expertise.
One of the first things the bill does (Section 4) is formally define the “dark web” in federal law. It’s defined by how it works: sites and services hidden from regular search engines that require special software or settings to access, specifically designed to hide the user’s identity. This definition is important because it’s the trigger for the new federal crime created by this Act: knowingly or intentionally delivering a controlled substance using this “dark web” is now explicitly illegal. Congress is aware that technology changes fast, so Section 7 mandates a review of this definition every five years to make sure it keeps up with whatever new anonymity tools criminals adopt.
If you’re caught dealing drugs on the dark web, the consequences just got a lot steeper. Section 4 mandates that the U.S. Sentencing Commission must increase the prison sentence for this new dark web offense by two levels above what it would normally be. This is a significant move that removes judicial discretion and imposes mandatory severity, signaling that Congress views the anonymity of the dark web as a major aggravating factor in drug crimes. For someone involved in a dark web drug operation, this could mean years added to their sentence.
Furthermore, since dark web markets run almost exclusively on cryptocurrencies like Bitcoin, Section 6 requires the Attorney General, working with Treasury and Homeland Security, to produce a detailed report within one year. This report must break down exactly how virtual currencies are used to finance opioid sales, identify the most popular coins for crime, and assess the government's current ability to track and seize these digital assets. This is a crucial step toward closing the financial loopholes that allow these markets to thrive.
While the goal of stopping drug trafficking is clear, the bill grants the new JCODE Task Force significant latitude. Section 5 allows the Director to conduct “any other activities the Director determines necessary to meet its goals.” This is a broad mandate that could potentially allow the task force to expand its scope beyond drug enforcement. The Task Force is also charged with developing “best practices” for collecting and sharing evidence related to the dark web across all levels of law enforcement. For individuals who rely on privacy-enhancing tools for legitimate reasons—say, journalists protecting sources or activists in oppressive regimes—the new legal definition and the broad investigative authority could lead to increased scrutiny, even if they are not engaging in illegal activity. The key will be how narrowly or broadly law enforcement interprets the technical definition of the “dark web” when applying these new rules.