Overview
Stewart Baker's career has spanned national security and law. He served as General Counsel of the National Security Agency, Assistant Secretary for Policy at the Department of Homeland Security, and drafter of a report reforming the intelligence community after the Iraq War. His legal practice focuses on cyber security, CFIUS, export controls, government procurement, and immigration and regulation of international travel.
At Homeland Security, Stewart created and staffed the 250-person DHS Policy Directorate. He was responsible for policy analysis across the Department, as well as for the Department’s international affairs, strategic planning and relationships with law enforcement and public advisory committees. From 2006-2009, Stewart led successful negotiations with European and Middle Eastern governments over travel data, privacy, visa waiver and related issues. In addition, he led the Department’s policy effort to reform federal immigration laws, and transformed the Department’s role in CFIUS, helping to drive the first rewrite of the CFIUS law and regulations in a generation.
Internet, Telecom & Media
When not in government, Stewart manages one of the nation’s premier technology law practices. Described by The Washington Post as “one of the most techno-literate lawyers around,” Stewart’s practice covers national security, electronic surveillance, law enforcement, export control encryption, and related technology issues. He has been a key advisor on US export controls and on foreign import controls on technology. In 2010 Stewart’s policy memoir, Skating On Stilts: Why We Aren’t Stopping Tomorrow’s Terrorism, was published by Hoover Press. He continues to comment on these topics at Lawfare.com and the Volokh Conspiracy.
International Trade
Stewart's practice includes issues relating to government regulation of international trade in high-technology products, and advice and practice under the antidumping and countervailing duty laws of United States, European Union, Canada, and Australia. He also counsels clients on issues involving foreign sovereign immunity, and compliance with the Foreign Corrupt Practices Act. Stemming from his role at DHS, Stewart has a deep background in the international implications of US security policy – from the disputes over US collection of data from international businesses to the US statutory command that all containers being shipped to the US be scanned before leaving foreign ports.
Worldwide Arbitration
Stewart has handled the arbitration of claims exceeding a billion dollars, is a member of national and international rosters of arbitrators, and is the author of articles and a book on the United Nations Commission on International Trade Law arbitration rules.
Appellate
Stewart has had a number of significant successes in appellate litigation and appearances before the United States Supreme Court. He developed, and persuaded the Court to adopt, a new theory of constitutional federalism that remains the most vibrant Tenth Amendment doctrine of the past 30 years. In addition to having filed many Supreme Court and appellate briefs, Stewart was appointed by the Supreme Court to brief and argue Becker v. Montgomery and was recognized in the Court’s opinion for his “able” advocacy. He founded the State and Local Legal Center, which represents state and local governments before the Court; and his writings on appellate and constitutional issues have been cited in various opinions of the Court. His brief opposing the federal government in New York v. United States, 488 US 1041 (1992), was described by Assistant Attorney General Walter Dellinger as “one of the most influential amicus briefs ever filed in the Supreme Court.”
- District of Columbia
- Hon. Justice John Paul Stevens, Supreme Court of the United States, 1977-1978
- Hon. Frank M. Coffin, US Court of Appeals, First Circuit, 1976-1977
- Hon. Shirley M. Hufstedler, US Court of Appeals, Ninth Circuit, 1975
- J.D., University of California, Los Angeles School of Law, 1976, Alumni Award for Excellence (first in class); Chief Articles Editor, UCLA Law Review
- B.A., Brown University, 1970
Areas of Work
Speaking Engagements
- "Class Actions: Latest Developments in Law and Practice," DRI's 2017 Class Action Seminar, Washington, DC, July 12, 2017
- "War in the 21st Century: Cyberterrorism, Cybersecurity, and the Law of War," Penn State Journal of Law & International Affairs Symposium, April 15, 2016
- "Security vs. Security: In Defense of Government Access to Data," WHD.global, Zurich, Switzerland, March 16, 2016
- "Cryptowars 2.0: Silicon Valley vs. Washington," SXSW, Austin, TX, March 14, 2016
- "The View from Washington with Jim Lewis and Stewart Baker," RSA Conference, March 3, 2016
- "Triple Entente Beer Summit," Lawfare, Washington, DC, February 18, 2016
- "Pivoting from Attribution to Retribution: The New Deterrence," Black Hat Executive Summit, Scottsdale, AZ, December 8, 2015
- "Protecting Information Assets in the Face of More Vexing Cyber Attacks," 12th Annual Stanford E-Commerce Best Practices Conference, June 8, 2015
- "Triple Entente Beer Summit," Lawfare, Washington, DC, May 7, 2015
- "NSA Surveillance: Listening In," American College of Trial Lawyers Spring Meeting, Miami, FL, February 27, 2015
News & Publications
International Compliance Blog
Key Takeaways from the 2022 CFIUS Annual Report
August 16, 2023
By: Evan T. Abrams, Stewart A. Baker, Brian J. Fleming, Ryan Pereira
Press Releases
Steptoe Receives 28 Practice Rankings, 34 Individual Awards in Legal 500 US 2023
June 14, 2023
Press Releases
Steptoe Receives 25 Practice, 72 Individual Mentions in Chambers USA 2023
June 1, 2023
Press Releases
Steptoe Receives 16 Practice, 40 Individual Mentions in Chambers Global 2023
February 21, 2023
Press Releases
Steptoe Receives 27 Practice, 72 Individual Mentions in Chambers USA 2022
June 3, 2022
Resources
Client Alerts
CFIUS Publishes Final Rules Implementing FIRRMA: What Changed and What it Means for Industry
February 13, 2020
Client Alerts
The New Chinese Encryption Regime: Towards a Sustainable Approach
January 2, 2020
By: Stewart A. Baker, Edward Lin (Legal Consultant)
Client Alerts
CFIUS Proposes Dramatic Expansion of US Foreign Investment Review, Seeks Public Input
October 2, 2019
By: Stewart A. Baker, Scott A. Sinder, Evan T. Abrams, Martin Willner
Client Alerts
June 28, 2018
Client Alerts
CFIUS Past and Present: 2014 Report Coincides with High-Profile 2016 Chinese Acquisitions
March 2, 2016
Client Alerts
BIS Proposes Cybersecurity Export Control Rule: Significant Changes Possible
May 21, 2015
By: Edward J. Krauland, Meredith Rathbone, Alexandra Baj, Jack R. Hayes, Stewart A. Baker
Client Alerts
New US Sanctions Target Cyber Attacks
April 6, 2015
By: Jack R. Hayes, Edward J. Krauland, Meredith Rathbone, Stewart A. Baker
Events
Webinars
The Long Arm of the New EU Data Protection Jurisdiction
December 6, 2017
Speakers: Stewart A. Baker, Maury Shenk
Seminars & Events
Emerging Cyber Attack Trends and Technical and Legal Remedies
February 24, 2016
Speakers: Stewart A. Baker, Steven K. Davidson, Michael Campion Miller
The Harvard Club
35 W. 44th Street
New York, NY 10036
Noteworthy
- Best Lawyers in America, Privacy and Data Security Law (2020-2022)
- Super Lawyers, Washington, DC, International (2019-2021)
- Chambers USA, Privacy & Data Security, Nationwide (2017-2023)
- Chambers USA, International Trade: CFIUS Experts, Nationwide (2012-2023)
- Chambers Global, International Trade: CFIUS Experts, US (2013-2023)
- Chambers Global, Privacy & Data Security, US (2018-2023)
- Legal 500 US, "Leading Lawyer," International Trade: CFIUS (2023)
- Legal 500 US, Media, Technology & Telecoms, Cyber Law including Data Protection and Privacy (2016-2019)
- Legal 500 US, Dispute Resolution: International Trade (2016-2018)
- National Law Journal, Named "Regulatory & Compliance Trailblazer" (2015)
- Washingtonian magazine, "Best Lawyers" Cybersecurity; National Security (2011-2018)
- Legal 500 US, Media, Technology & Telecoms: Telecoms and Broadcast, Regulatory & Litigation (2010-2015)
- Legal 500 US, Litigation: International Trade (2010-2015)
- Distinguished Visiting Fellow, Center for Strategic and International Studies (2009)
- The Washington Post, list of seven Washington lawyers who distinguished themselves (1998)
Previous Employment
- Assistant Secretary for Policy, Department of Homeland Security (2005-2009)
- General Counsel, Commission on the Intelligence Capabilities of the United States Regarding Weapons of Mass Destruction (2004-2005)
- General Counsel, National Security Agency (1992-1994)
- Deputy General Counsel, United States Department of Education (1979-1981)
Professional Affiliations
- Council on Foreign Relations (1994-present)
- President’s Export Council Subcommittee on Export Administration (2003-2005)
- Commerce Department’s Industry Trade Advisory Committee on Information and Communications Technologies, Services, and Electronic Commerce (2003-2005)
- Markle Foundation Task Force on National Security in the Information Age (2002-2004)
- Federal Trade Commission’s Advisory Committee on Online Access and Security (2000)
- American Bar Association Standing Committee on Law and National Security (1998-2005)
- Member, Y2Ktoday Advisory Board (1999)
- Chair, State and Local Legal Center Advisory Board (1981-92; 1994-2005)
- International Telecommunication Union Experts Group on Authentication (1999)
- Member, President’s Export Council Subcommittee on Encryption (1998-present); Acting Chair (1998-1999)
- Member, Free Trade Area of the Americas Experts Committee on Electronic Commerce (1998-2005)
- Member, US Delegation, UNCITRAL Group of Experts on Digital Signatures (1997-2005)
- Member, International Chamber of Commerce Group of Experts on Electronic Commerce (1996-2005)
- Member, US Delegation, OECD Group of Experts on Cryptography Policy (1995-1997)
- Member, International Chamber of Commerce Working Party on Digital Authentication (1996-1998)
- Member, Defense Science Board’s Task Force on Information Warfare (1995-1996 and 1999-2001)
- Member, Board of Editors, The Internet Newsletter (1997-2005)