Most darknet markets (DNMs) are designed poorly in the following ways:

1. Hosting

Most DNMs use a model whereby merchants fill out a form to create their listings, and the data they submit then gets hosted on the DNM's servers. In scenarios where a "legal" website would be forced to censor that content (e.g. a DMCA takedown order), DNMs, of course, do not obey. This can lead to authorities trying to find the DNM's servers to take enforcement actions against them. This design creates a single point of failure.

A better design is to outsource hosting to third parties. Let merchants host their listings on nostr relays, not on the DNM's server. The DNM should only be designed as an open source interface for exploring listings hosted elsewhere, that way takedown orders end up with the people who actually host the listings, i.e. with nostr relays, and not with the DNM itself. And if a nostr relay DOES go down due to enforcement action, it does not significantly affect the DNM -- they'll just stop querying for listings from that relay in their next software update, because that relay doesn't work anymore, and only query for listings from relays that still work.

2. Moderation

Most DNMs have employees who curate the listings on the DNM. For example, they approve/deny listings depending on whether they fit the content policies of the website. Some DNMs are only for drugs, others are only for firearms. The problem is, to approve a criminal listing is, in the eyes of law enforcement, an act of conspiracy. Consequently, they don't just go after the merchant who made the listing but the moderators who approved it, and since the moderators typically act under the direction of the DNM, this means the police go after the DNM itself.

A better design is to outsource moderation to third parties. Let anyone call themselves a moderator and create lists of approved goods and services. Merchants can pay the most popular third party moderators to add their products to their lists. The DNM itself just lets its users pick which moderators to use, such that the user's choice -- and not a choice by the DNM -- determines what goods and services the user sees in the interface.

That way, the police go after the moderators and merchants rather than the DNM itself, which is basically just a web browser: it doesn't host anything or approve of any content, it just shows what its users tell it to show. And if a popular moderator gets arrested, his list will still work for a while, but will gradually get more and more outdated, leading someone else to eventually become the new most popular moderator, and a natural transition can occur.

3. Escrow

Most DNMs offer an escrow solution whereby users do not pay merchants directly. Rather, during the Checkout process, they put their money in escrow, and request the DNM to release it to the merchant when the product arrives, otherwise they initiate a dispute. Most DNMs consider escrow necessary because DNM users and merchants do not trust one another; users don't want to pay for a product first and then discover that the merchant never ships it, and merchants don't want to ship a product first and then discover that the user never pays for it.

The problem is, running an escrow solution for criminals is almost certain to get you accused of conspiracy, money laundering, and unlicensed money transmission, so the police are likely to shut down any DNM that does this. A better design is to oursource escrow to third parties. Let anyone call themselves an escrow, and let moderators approve escrows just like they approve listings. A merchant or user who doesn't trust the escrows chosen by a given moderator can just pick a different moderator. That way, the police go after the third party escrows rather than the DNM itself, which never touches user funds.

4. Consequences

Designing a DNM along these principles has an interesting consequence: the DNM is no longer anything but an interface, a glorified web browser. It doesn't host any content, approve any listings, or touch any money. It doesn't even really need a server -- it can just be an HTML file that users open up on their computer or smart phone. For two reasons, such a program is hard to take down:

First, it is hard for the police to justify going after the DNM, since there are no charges to bring. Its maintainers aren't doing anything illegal, no more than Firefox does anything illegal by maintaining a web browser that some people use to browse illegal content. What the user displays in the app is up to them, not to the code maintainers. Second, if the police decided to go after the DNM anyway, they still couldn't take it down because it's just an HTML file -- the maintainers do not even need to run a server to host the file, because users can share it with one another, eliminating all single points of failure.

Another consequence of this design is this: most of the listings will probably be legal, because there is more demand for legal goods and services than illegal ones. Users who want to find illegal goods would pick moderators who only approve those listings, but everyone else would use "legal" moderators, and the app would not, at first glance, look much like a DNM, just a marketplace for legal goods and services. To find the illegal stuff that lurks among the abundant legal stuff, you'd probably have to filter for it via your selection of moderators, making it seem like the "default" mode is legal.

5. Conclusion

I think this DNM model is far better than the designs that prevail today. It is easier to maintain, harder to take down, and pushes the "hard parts" to the edges, so that the DNM is not significantly affected even if a major merchant, moderator, or escrow gets arrested. I hope it comes to fruition.