Stewart Baker practices law at Steptoe & Johnson, covering homeland security, cybersecurity, data protection, encryption, lawful intercepts, intelligence and law enforcement issues, and foreign investment regulation. He is the author of Skating on Stilts Why We Aren't Stopping Tomorrow's Terrorism, a book on the security challenges posed by technology, and he writes on cybersecurity and privacy law at www.skatingonstilts.com. From 2005 to 2009, Baker was the first assistant secretary for policy at the Department of Homeland Security. During 2004 and 2005, Baker served as general counsel of the WMD Commission investigating intelligence failures prior to the Iraq war. From 1992 to 1994, he was general counsel of the National Security Agency, where he led NSA and interagency efforts to reform commercial encryption and computer security law and policy. His book on these topics, The Limits of Trust: Cryptography, Governments, and Electronic Commerce, analyzes encryption and authentication laws in dozens of countries.
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Collecting data isnt the same as actually looking at it.
On June 5, the <em>Guardian</em> released what appears to be a highly classified order issued by the Foreign Intelligence Surveillance Court, known as the FISA Court, to collect Verizon customers' phone records of calls made to or by Americans Does this mean the end of privacy, law, and the Constitution?
Baker, former general counsel to the NSA, says that American citizens should be relieved by how closely the agency is tracking potential threats in order to maintain security.
There no doubt theres a privacy concern when so much information is available, but Bakers worry is not government misuse, but the fact that information is so widely available that anyone can misuse it.
Read a free online version of this book, made available under a Creative Commons license.
Bakers blog on technology, privacy and national security issues.
The decision to outlaw domestic collection and storage of data undercuts our intelligence agencies ability to use the best technology to protect the nation. It substitutes wishful thinking and faux outrage for the hard work of devising privacy protections that will work in the twenty-first century.
Bakers two-part blog post on <em>Smith v. Maryland</em>, the third-party doctrine, and changing expectations of privacy. Read .