Stewart Baker

Since retiring from Steptoe LLP at the start of 2025, Stewart Baker has continued to speak out on policy issues and handle a limited number of private representations drawing on his background.

From 2015 to 2024, Mr. Baker hosted more than 500 episodes of the Cyberlaw Podcast.

From 2005 to 2009, Mr. Baker was the first Assistant Secretary for Policy at the Department of Homeland Security. His memoir from those years is Skating on Stilts. As assistant secretary, Mr. Baker oversaw offices responsible for Department-wide policy analysis, international affairs, strategic planning, and relationships with private sector, advisory committees, and law enforcement. While in that position, Mr. Baker:
  • Led successful negotiations with European and Middle Eastern governments over travel data, privacy, visa waiver, and related issues.
  • Devised new approach to visa-free travel, shepherded approach through interagency and Congressional process and then negotiations with multiple countries.
  • Created and institutionalized strategic planning process for Department
  • Devised and drove implementation of numerous technological enhancements to Department's mission
  • Successfully managed passage and implementation of SAFE Ports Act

From 2004 to 2006, Mr. Baker served as General Counsel of the WMD Commission investigating intelligence failures prior to the Iraq war.

From 1992 to 1994, Mr. Baker 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. Bakerstewart

From 1979 to 1981, he helped start the Education Department and served as deputy General Counsel of that Department. (That’s two cabinet level start-ups, for those keeping track, and two is plenty for anyone.) 

Mr. Baker was also a law clerk to Hon. John Paul Stevens, U.S. Supreme Court, as well as to Hon. Frank M. Coffin, U.S. Court of Appeals, First Circuit, and Hon. Shirley M. Hufstedler, U.S. Court of Appeals, Ninth Circuit. 


Mr. Baker’s law practice has covered matters such as homeland security, international trade, cybersecurity, data protection, travel industry regulation, and foreign investment regulation. Mr. Baker’s Supreme Court and appellate practice has included successfully advocating a new theory of constitutional federalism and founding the State and Local Legal Center, a public interest institution representing state and local governments before the Supreme Court.


Mr. Baker has served on numerous boards and commissions. He testified before the September 11 commission on intelligence and law enforcement issues and has been a member of the Homeland Security Advisory Council, the Homeland Security Experts Group, the President’s Export Council Subcommittee on Export Administration, the Industry Trade Advisory Committee on telecommunications and electronic commerce, two Defense Science Board panels on information warfare defense, and the Markle Task Force on Technology and Terrorism. He has also been an advisor to international organizations such as the International Telecommunications Union, and the Organisation for Economic Co-operation and Development.