Shedding Light on Darkness: What You Need to Know About the Dark Web

Level: Intermediate
Runtime: 96 minutes
Recorded Date: September 28, 2017
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  • Introduction to the Deep Web & Dark Web
  • “Dark” Activity & Legitimate Uses
  • Current Events/Recent Cases re Privacy & Security
  • Federal Government Investigations
  • Federal Government Authority to Act
  • Intellectual Property Issues
  • Question & Answer
Runtime: 1 hour and 36 minutes
Recorded: September 28, 2017


The internet can be a scary place, with forums and marketplaces that provide services from drugs to murder for hire. Many of these exist in an area called the Darknet, which provides anonymity and a private space for online transactions or conversations to occur. Although many of the activities on the Darknet might be considered illegal, some corporations have found good reasons to engage and are turning to it for a means of privacy. Still, there are legal and technical nuances that lawmakers and law enforcement must effectively regulate in order to reduce cybercrime activities.

Join our panel as they discuss the legal ramifications and risks associated with the Darknet's existence.

This program was recorded on September 28th, 2017.

Provided By

American Bar Association


Jessica Wood

Manatt, Phelps & Phillips, LLP

Jessica Wood is an associate in the firm's Los Angeles office and a member of the intellectual property group. Jessica focuses her practice on intellectual property transactions, including domestic and foreign trademark prosecution, maintenance and enforcement, copyright registration and content protection, licensing and transfers of rights, domain name proceedings, ex parte and inter partes proceedings before the United States Patent and Trademark Office, and litigation in United States Federal District Courts. Jessica's practice spans a wide variety of industries, including technology, software and applications, digital media, entertainment, fashion and apparel, toys and games, automotive, food and beverage and various other consumer products. She is also an experienced litigator, with an emphasis on trademark, copyright, trade dress, design and utility patent, unfair competition, false advertising and trade secret claims as well as related business disputes.

Prior to Manatt, Jessica served as counsel in the Intellectual Property and Litigation, Business and Legal Affairs Department for Viacom Media Networks in the company's Santa Monica office. While at Viacom, she managed all aspects of trademark prosecution and enforcement, including but not limited to clearances, oppositions and cancellations before the Trademark Trial and Appeal Board, co-existence agreements, cease and desist letters and UDRP proceedings. Before that, Jessica was an associate at a Los Angeles law firm focusing on intellectual property litigation.

Prior to becoming an attorney, Jessica advised clients on marketing and brand strategy at the global advertising agencies McCann-Erickson and DDB Worldwide. In particular, she performed market research, analyzed demographic data and prepared financial and media plans to maximize brand awareness.

Kiersten E. Todt

Resident Scholar
University of Pittsburgh, Institute for Cyber Law, Policy and Security

Kiersten E. Todt is the resident scholar at the University of Pittsburgh Institute for Cyber Law, Policy, and Security. She is also the president and managing partner of Liberty Group Ventures, LLC (LGV), a role in which she develops risk and crisis management solutions for cybersecurity, infrastructure, homeland security, emergency management, and higher education clients in the public, private, and nonprofit sectors. Todt advises senior executives and boards on cyber risk management, including the development and execution of tabletop exercises and relevant senior-level education and training programs. She also provides strategic advice and counsel to senior leaders in industry and government.

She recently served as the executive director of the Commission on Enhancing National Cybersecurity, which helped carry out President Barack Obama’s Cybersecurity National Action Plan. In this capacity, Todt was responsible for convening six public commission meetings and leading the 12 commissioners—leaders from industry, government, academia, and law enforcement—to develop a consensus document of cybersecurity recommendations. The commission delivered its report on cybersecurity and the digital economy to President Obama on December 1, 2016. Many of the commission’s recommendations were included in President Donald Trump’s cyber executive order signed on May 11, 2017.

Todt also was a member of the team supporting the National Institute of Standards and Technology in the development of the Voluntary Cybersecurity Framework called for in President Obama’s 2013 Executive Order 13636 on cybersecurity. She has served in senior positions in both the executive and legislative branches of government. Todt has commented on homeland security, cybersecurity, and sport security issues in multiple media outlets, including NBC, NPR, Bloomberg, and The Wall Street Journal. Her work on crisis management and sport security has been published in relevant journals.

Prior to LGV, Todt was a partner at Good Harbor Consulting and was responsible for building and managing the company’s North America crisis management practice. Clients included states and localities, large corporations, maritime entities, and college and university systems.

Before joining Good Harbor, she worked for Business Executives for National Security (BENS) and was responsible for integrating the private sector into state and local emergency management capabilities. She also developed and executed federal and regional port and cyber security projects. Prior to BENS, she was a consultant for Sandia National Laboratories and worked with the California governor’s office to develop the homeland security preparedness plan for the Bay Area. Todt was also an adjunct lecturer at Stanford University.

Todt served as a professional staff member on the U.S. Senate Committee on Homeland Security and Governmental Affairs, working for committee chair Joseph Lieberman, and was responsible for drafting the cybersecurity, infrastructure protection, emergency preparedness, bioterror, and science and technology directorates of the legislation that created the Department of Homeland Security.

Before working in the U.S. Senate, Todt served in Vice President Al Gore’s domestic policy office and was responsible for coordinating federal resources with locally defined needs, specifically focusing on energy and housing issues. She was also the senior adviser on demand-reduction issues to Director Barry R. McCaffrey at the White House Office of National Drug Control Policy.

Todt graduated from Princeton University with a degree in public policy from the Woodrow Wilson School of Public and International Affairs. She holds a master’s degree in public policy from the John F. Kennedy School of Government at Harvard University and was selected to be a Presidential Management Fellow in 1999.

Dakota S. Rudesill

Assistant Professor
The Ohio State University, Mortiz College of Law

Professor Dakota S. Rudesill joined the faculty at The Ohio State University Moritz College of Law in 2013.

Professor Rudesill is a scholar and practitioner of legislation and national security law and policy. At Moritz, he teaches Legislation and National Security Law & Process. He also co-directs the Washington, D.C., Summer Program and the Legislation Clinic and will teach Cyber Law.

His publications have appeared in the Georgetown Law Journal, Yale Journal of International Law, Harvard National Security Journal, Georgetown Journal of Law & Public Policy, and the Washington University Law Review, among others. Professor Rudesill is a member of the editorial board of the Journal of National Security Law and Policy.

Particular areas of emphasis in Professor Rudesill’s work are intelligence and secrecy (including secret law), arms control (and especially nuclear weapons), legislation, and the experiential “learning-by-doing” training of professionals. Professor Rudesill leads a coalition pushing for a congressional clerkship program analogous to the judiciary’s law clerk program, and directs The Ohio State National Security Crisis Simulation. This immersive annual exercise places OSU students from law, policy, intelligence, and media programs in their respective roles as they confront a rolling series of crises in real time over two days.

Professor Rudesill has advised senior leaders in all three branches of the federal government. He served the U.S. Congress for nine years, doing national security legislative work for the Senate Budget Committee and Sen. Kent Conrad. In the Executive Branch, as a member of the Obama-Biden Presidential Transition Team, Professor Rudesill advised the President-Elect’s nominees for Director of National Intelligence and CIA Director. He served in the Office of the Director of National Intelligence (ODNI), and represented ODNI on the President’s Detention Policy Task Force at the U.S. Department of Justice. In the Judicial Branch, Professor Rudesill was a law clerk to James B. Loken, Chief Judge of the U.S. Court of Appeals for the Eighth Circuit.

Prior to coming to Ohio State, from 2010 to 2013, Professor Rudesill was Visiting Associate Professor at Georgetown Law Center, and directed the Federal Legislation & Administrative Clinic. Earlier in his career he was a law firm associate, a Visiting Fellow at the Center for Strategic & International Studies, and was selected for the Council on Foreign Relations International Affairs Fellowship.

Professor Rudesill received his B.A. from St. Olaf College and J.D. from Yale Law School.

Roxanne G. Elings

Davis Wright Tremaine LLP

Roxanne Elings is recognized as one of the nation’s leading trademark and brand management attorneys, having been named one of "The 20 Most Influential Women in IP" in 2014 by Law360 and ranked each year since 2010 by World Trademark Review as one of the top attorneys nationally in trademark prosecution, enforcement/litigation, and anti-counterfeiting. She is the only attorney to receive top rankings in these three categories, which, according to WTR, indicates "an exceptional national reach and reputation."

As a member of DWT's Digital Counsel team, Roxanne works with a multi-disciplinary team of lawyers representing companies whose business models place them at the intersection of technology, fashion, outdoor performance, luxury goods, consumer electronics, beauty, and entertainment media.

Roxanne received her J.D. at Pace University in 1986.

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