Stewart baker
Encyclopedia
Stewart Abercrombie Baker (born July 17, 1947) was the first Assistant Secretary (acting as Under Secretary-equivalent) for Policy at the United States Department of Homeland Security
under the Presidency of George W. Bush.
Baker is the former General Counsel of the National Security Agency
(1992–1994) and author of the book, The Limits of Trust: Cryptography, Governments, and Electronic Commerce (1998), and other publications and articles on electronic commerce and international trade. Earlier in his career, Baker was Law Clerk to John Paul Stevens
, Supreme Court
from 1977 to 1978. He also clerked for Frank M. Coffin
, United States Court of Appeals
, First Circuit (1976–77) and Shirley Hufstedler
, US Court of Appeals
, Ninth Circuit (1975). He was in private practice with the Washington, DC-based law firm Steptoe & Johnson LLP from 1981 to 1992 and again from 1994 to 2005.
Baker currently writes the blog Skating on Stilts. A book based on the blog, Skating on Stilts: Why We Aren't Stopping Tomorrow's Terrorism, was published in June 2010.
Baker is married to Anne Kornhauser Baker. They have three children and three grandchildren and live in northern Virginia
.
. He is the son of Henry Irving Baker, Jr. (1917–1949) and Ruth (Abercrombie) Baker (1918–1965). Baker's father died when he was young, and his mother eventually moved the family to Dearborn, Michigan
, supporting them through a career with the Ford Motor Company
. Baker attended public high school in Dearborn.
Baker obtained his Bachelor's Degree from Brown University
in 1969. He graduated from the University of California, Los Angeles
(UCLA) School of Law
in 1975. While in law school, he published A Strict Scrutiny of the Right to Travel in the UCLA Law Review
(1975). He also served as an intern law clerk to Shirley Hufstedler
, U.S. Court of Appeals, Ninth Circuit
.
, United States Court of Appeals
, First Circuit. In 1979, Baker became Deputy General Counsel, Special Assistant to Secretary Shirley Hufstedler
, United States Department of Education
. He served in this position until 1981. In 1981, Baker joined Steptoe & Johnson LLP.
Baker stayed with Steptoe & Johnson LLP until appointed in 1992 by President George H. W. Bush
to serve as General Counsel to the National Security Agency
(NSA). Baker served at the NSA during the time when the agency was defending the controversial Clipper Chip
, an electronic encryption device that was equipped with a decoding key for use by the US government. Baker was awarded the Defense Medal for Meritorious Civilian Service in 1994.
Following his two-year stint at the National Security Agency
, Baker returned to private practice at Steptoe & Johnson. His practice at the firm concentrated on issues related to privacy, national security, computer security, electronic surveillance, encryption, digital commerce, and export controls.
As a Supreme Court advocate, Baker founded the State and Local Legal Center, and later successfully urged that the Court adopt innovative approaches to constitutional federalism (New York v. United States (1992)
) and the intersection of trademark and copyright (Dastar v. Twentieth Century Fox (2003)). The Court also took note of Baker's "able representation" after appointing him to defend the decision of the United States Court of Appeals for the Sixth Circuit
in Becker v. Montgomery (2001). See n. 1.
After the September 11, 2001 attacks
, in 2003, Baker testified before the National Commission on Terrorist Attacks Upon the United States
. His testimony noted:
Baker advocated for better use of modern technology for tracking terrorists, including the use of electronic surveillance and better coordination with law enforcement officials. He also noted the importance of recognizing and protecting privacy and civil liberties.
In 2004-2005, Baker chaired the drafting team for the report by the General Counsel of the Commission on the Intelligence Capabilities of the United States Regarding Weapons of Mass Destruction
. This report examined the intelligence around weapons of mass destruction prior to the invasion of Iraq and made specific recommendations for change to prevent future intelligence errors.
On July 13, 2005, Baker was appointed by President George W. Bush
to be Assistant Secretary (acting as Under Secretary-equivalent) for Policy for the United States Department of Homeland Security
. His nomination was confirmed by the U.S. Senate on October 7, 2005. News of his nomination was greeted with mixed reviews by privacy advocates and those concerned about his position on civil liberties; and the Department has been unable to elevate his position to an Under Secretary level. He negotiated several agreements between DHS and European governments concerning European privacy law and a U.S. legal requirement that airlines provide reservation data about US-bound passengers to the US government (Passenger name record
s or PNRs). One of these agreements had a "side letter" that abrogated significant parts of the published agreement.
He is not Stuart G. Baker, Assistant to the President and Director of Lessons Learned, although the two are often confused.
United States Department of Homeland Security
The United States Department of Homeland Security is a cabinet department of the United States federal government, created in response to the September 11 attacks, and with the primary responsibilities of protecting the territory of the United States and protectorates from and responding to...
under the Presidency of George W. Bush.
Baker is the former General Counsel of the National Security Agency
National Security Agency
The National Security Agency/Central Security Service is a cryptologic intelligence agency of the United States Department of Defense responsible for the collection and analysis of foreign communications and foreign signals intelligence, as well as protecting U.S...
(1992–1994) and author of the book, The Limits of Trust: Cryptography, Governments, and Electronic Commerce (1998), and other publications and articles on electronic commerce and international trade. Earlier in his career, Baker was Law Clerk to John Paul Stevens
John Paul Stevens
John Paul Stevens served as an Associate Justice of the Supreme Court of the United States from December 19, 1975 until his retirement on June 29, 2010. At the time of his retirement, he was the oldest member of the Court and the third-longest serving justice in the Court's history...
, Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
from 1977 to 1978. He also clerked for Frank M. Coffin
Frank M. Coffin
Frank Morey Coffin was an American politician from Maine and a United States federal judge. He was a Democrat.-Early life, education, and career:...
, United States Court of Appeals
United States court of appeals
The United States courts of appeals are the intermediate appellate courts of the United States federal court system...
, First Circuit (1976–77) and Shirley Hufstedler
Shirley Hufstedler
Shirley Ann Mount Hufstedler is an American lawyer who served as the first United States Secretary of Education, under President Jimmy Carter.-Biography:...
, US Court of Appeals
United States court of appeals
The United States courts of appeals are the intermediate appellate courts of the United States federal court system...
, Ninth Circuit (1975). He was in private practice with the Washington, DC-based law firm Steptoe & Johnson LLP from 1981 to 1992 and again from 1994 to 2005.
Baker currently writes the blog Skating on Stilts. A book based on the blog, Skating on Stilts: Why We Aren't Stopping Tomorrow's Terrorism, was published in June 2010.
Baker is married to Anne Kornhauser Baker. They have three children and three grandchildren and live in northern Virginia
Virginia
The Commonwealth of Virginia , is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" after the eight U.S. presidents born there...
.
Early life
Baker was born on July 17, 1947 in Poughkeepsie, New YorkPoughkeepsie (city), New York
Poughkeepsie is a city in the state of New York, United States, which serves as the county seat of Dutchess County. Poughkeepsie is located in the Hudson River Valley midway between New York City and Albany...
. He is the son of Henry Irving Baker, Jr. (1917–1949) and Ruth (Abercrombie) Baker (1918–1965). Baker's father died when he was young, and his mother eventually moved the family to Dearborn, Michigan
Dearborn, Michigan
-Economy:Ford Motor Company has its world headquarters in Dearborn. In addition its Dearborn campus contains many research, testing, finance and some production facilities. Ford Land controls the numerous properties owned by Ford including sales and leasing to unrelated businesses such as the...
, supporting them through a career with the Ford Motor Company
Ford Motor Company
Ford Motor Company is an American multinational automaker based in Dearborn, Michigan, a suburb of Detroit. The automaker was founded by Henry Ford and incorporated on June 16, 1903. In addition to the Ford and Lincoln brands, Ford also owns a small stake in Mazda in Japan and Aston Martin in the UK...
. Baker attended public high school in Dearborn.
Baker obtained his Bachelor's Degree from Brown University
Brown University
Brown University is a private, Ivy League university located in Providence, Rhode Island, United States. Founded in 1764 prior to American independence from the British Empire as the College in the English Colony of Rhode Island and Providence Plantations early in the reign of King George III ,...
in 1969. He graduated from the University of California, Los Angeles
University of California, Los Angeles
The University of California, Los Angeles is a public research university located in the Westwood neighborhood of Los Angeles, California, USA. It was founded in 1919 as the "Southern Branch" of the University of California and is the second oldest of the ten campuses...
(UCLA) School of Law
UCLA School of Law
The UCLA School of Law is the law school of the University of California, Los Angeles. It has been approved by the American Bar Association since 1950. It joined the Association of American Law Schools in 1952.- History :...
in 1975. While in law school, he published A Strict Scrutiny of the Right to Travel in the UCLA Law Review
UCLA Law Review
The UCLA Law Review is a scholarly journal founded in 1953 and published by the students of the UCLA School of Law. Six issues are released every year....
(1975). He also served as an intern law clerk to Shirley Hufstedler
Shirley Hufstedler
Shirley Ann Mount Hufstedler is an American lawyer who served as the first United States Secretary of Education, under President Jimmy Carter.-Biography:...
, U.S. Court of Appeals, Ninth Circuit
United States Court of Appeals for the Ninth Circuit
The United States Court of Appeals for the Ninth Circuit is a U.S. federal court with appellate jurisdiction over the district courts in the following districts:* District of Alaska* District of Arizona...
.
Professional career
Following his graduation from law school in 1976, Baker clerked for Frank M. CoffinFrank M. Coffin
Frank Morey Coffin was an American politician from Maine and a United States federal judge. He was a Democrat.-Early life, education, and career:...
, United States Court of Appeals
United States court of appeals
The United States courts of appeals are the intermediate appellate courts of the United States federal court system...
, First Circuit. In 1979, Baker became Deputy General Counsel, Special Assistant to Secretary Shirley Hufstedler
Shirley Hufstedler
Shirley Ann Mount Hufstedler is an American lawyer who served as the first United States Secretary of Education, under President Jimmy Carter.-Biography:...
, United States Department of Education
United States Department of Education
The United States Department of Education, also referred to as ED or the ED for Education Department, is a Cabinet-level department of the United States government...
. He served in this position until 1981. In 1981, Baker joined Steptoe & Johnson LLP.
Baker stayed with Steptoe & Johnson LLP until appointed in 1992 by President George H. W. Bush
George H. W. Bush
George Herbert Walker Bush is an American politician who served as the 41st President of the United States . He had previously served as the 43rd Vice President of the United States , a congressman, an ambassador, and Director of Central Intelligence.Bush was born in Milton, Massachusetts, to...
to serve as General Counsel to the National Security Agency
National Security Agency
The National Security Agency/Central Security Service is a cryptologic intelligence agency of the United States Department of Defense responsible for the collection and analysis of foreign communications and foreign signals intelligence, as well as protecting U.S...
(NSA). Baker served at the NSA during the time when the agency was defending the controversial Clipper Chip
Clipper chip
The Clipper chip was a chipset that was developed and promoted by the U.S. National Security Agency as an encryption device to be adopted by telecommunications companies for voice transmission...
, an electronic encryption device that was equipped with a decoding key for use by the US government. Baker was awarded the Defense Medal for Meritorious Civilian Service in 1994.
Following his two-year stint at the National Security Agency
National Security Agency
The National Security Agency/Central Security Service is a cryptologic intelligence agency of the United States Department of Defense responsible for the collection and analysis of foreign communications and foreign signals intelligence, as well as protecting U.S...
, Baker returned to private practice at Steptoe & Johnson. His practice at the firm concentrated on issues related to privacy, national security, computer security, electronic surveillance, encryption, digital commerce, and export controls.
As a Supreme Court advocate, Baker founded the State and Local Legal Center, and later successfully urged that the Court adopt innovative approaches to constitutional federalism (New York v. United States (1992)
New York v. United States (1992)
New York v. United States, 505 U.S. 144 was a decision of the United States Supreme Court. Justice Sandra Day O'Connor, writing for the majority, found that the "Take Title" provision of the Low-Level Radioactive Waste Policy Amendments Act of 1985 exceeded Congress's power under the Commerce...
) and the intersection of trademark and copyright (Dastar v. Twentieth Century Fox (2003)). The Court also took note of Baker's "able representation" after appointing him to defend the decision of the United States Court of Appeals for the Sixth Circuit
United States Court of Appeals for the Sixth Circuit
The United States Court of Appeals for the Sixth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Kentucky* Western District of Kentucky...
in Becker v. Montgomery (2001). See n. 1.
After the September 11, 2001 attacks
September 11, 2001 attacks
The September 11 attacks The September 11 attacks The September 11 attacks (also referred to as September 11, September 11th or 9/119/11 is pronounced "nine eleven". The slash is not part of the pronunciation...
, in 2003, Baker testified before the National Commission on Terrorist Attacks Upon the United States
9/11 Commission
The National Commission on Terrorist Attacks Upon the United States, also known as the 9/11 Commission, was set up on November 27, 2002, "to prepare a full and complete account of the circumstances surrounding the September 11, 2001 attacks", including preparedness for and the immediate response to...
. His testimony noted:
Baker advocated for better use of modern technology for tracking terrorists, including the use of electronic surveillance and better coordination with law enforcement officials. He also noted the importance of recognizing and protecting privacy and civil liberties.
In 2004-2005, Baker chaired the drafting team for the report by the General Counsel of the Commission on the Intelligence Capabilities of the United States Regarding Weapons of Mass Destruction
Iraq Intelligence Commission
The Commission on the Intelligence Capabilities of the United States Regarding Weapons of Mass Destruction is a panel created by Executive Order 13328 signed by U.S. President George W. Bush in February 2004...
. This report examined the intelligence around weapons of mass destruction prior to the invasion of Iraq and made specific recommendations for change to prevent future intelligence errors.
On July 13, 2005, Baker was appointed by President George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
to be Assistant Secretary (acting as Under Secretary-equivalent) for Policy for the United States Department of Homeland Security
United States Department of Homeland Security
The United States Department of Homeland Security is a cabinet department of the United States federal government, created in response to the September 11 attacks, and with the primary responsibilities of protecting the territory of the United States and protectorates from and responding to...
. His nomination was confirmed by the U.S. Senate on October 7, 2005. News of his nomination was greeted with mixed reviews by privacy advocates and those concerned about his position on civil liberties; and the Department has been unable to elevate his position to an Under Secretary level. He negotiated several agreements between DHS and European governments concerning European privacy law and a U.S. legal requirement that airlines provide reservation data about US-bound passengers to the US government (Passenger name record
Passenger Name Record
In the travel industry, a passenger name record is a record in the database of a computer reservation system that contains the itinerary for a passenger, or a group of passengers traveling together...
s or PNRs). One of these agreements had a "side letter" that abrogated significant parts of the published agreement.
He is not Stuart G. Baker, Assistant to the President and Director of Lessons Learned, although the two are often confused.