Stewart Baker

Stewart Abercrombie Baker (July 17, 1947 – April 30, 2026) was a lawyer, commentator, and former 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 was the former General Counsel of the National Security Agency (1992–1994) and author of the books The Limits of Trust: Cryptography, Governments, and Electronic Commerce (1998) and Skating on Stilts: Why We Aren't Stopping Tomorrow's Terrorism (2010), 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 (1976–1977) and Shirley Hufstedler, US Court of Appeals, Ninth Circuit (1975).

Baker obtained his B.A. degree from Brown University in 1969. He received his J.D. degree 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. 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 was awarded the Defense Medal for Meritorious Civilian Service in 1994.

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. 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. that abrogated significant parts of the published agreement.

In 2009, Baker returned to Steptoe where he represented clients until he retired and opened a solo practice in early 2025 (he still holds the record for returning to Steptoe more times than any other lawyer). His 2010 book Skating on Stilts was both a memoir of his work at DHS and his analysis of the tension between privacy and security. From 2013 until his retirement, he also hosted the Cyberlaw Podcast and continued advising on national security and technology issues, writing for several online publications.

In recent years, Baker has testified before Congress on Section 702 of FISA. He also contributed to the intelligence sections of Project 2025.

Death Baker died on April 30, 2026, at the age of 78 in Great Falls, Virginia.