A partial list of Stewart Baker’s publications includes:
Books (author, coauthor, editor)
Patriots Debate: Contemporary Issues in National Security Law (ABA 2013)
Skating on Stilts, Hoover Press (2009)
“Trade and Electronic Commerce“, The World Trade Organization: Legal, Economic and Political Analysis 2005 (chapter)
“The Executive’s Desk Book on Corporate Risks and Response for Homeland Security” (2003)(chapter)
The Limits of Trust: Cryptography, Governments, and Electronic Commerce (1998)
The UNCITRAL Arbitration Rules in Practice, (1992)
“NAFTA and the Environment, in The North American Free Trade Agreement: Issues, Options, Implications” (American Bar Association 1992) (chapter)
From the Ashes: A Report on Justice in El Salvador (1987)
Podcasts
From 2013 to 2024, Stewart Baker hosted the weekly Cyberlaw Podcast and published regular summaries on a Reason Magazine website, The Volokh Conspiracy. Sample summaries are here and here.
Testimony (partial list)
Testimony to Oversight Hearing on FISA Surveillance Programs Committee on the Judiciary United States Senate July 31, 2013
Testimony Before the National Commission on Terrorist Attacks Upon the United States, December 8, 2003
Articles
Should American Spies Steal Commercial Secrets? Lawfare (2025)
Stealth Quotas Bite the Dust, Volokh Conspiracy (2024)
Stealth quotas take a big step back in Congress, Volokh Conspiracy (2024)
Congress is Preparing to Restore Quotas in College Admissions, Volokh Conspiracy (2024)
Many are focusing on the wrong FISA fix, The Hill (2023)
Republicans’ FISA Reform Opportunity, RealClearPolicy (2023)
Stealth Quotas, Volokh Conspiracy (2022)
How to rein in Big Tech? Tax the behemoths., Washington Post (January 19, 2021)
Vicious Cycle: How Press Bias Fed FISA Abuse in the Trump-Russia Panic, Lawfare (2021)
Apple and Google Contact Tracing App is a Start not a Fix, The Cipher (2020)
Reforming section 230 of the Communications Decency Act, Volokh Conspiracy (2020)
Deposing Tim Cook, Washington Post (February 25, 2016)
Cybersecurity and the TPP, Washington Post (November 6, 2015)
Why the NSA Needs Your Phone Calls, Foreign Policy (2013)
The economic impact of cybercrime and cyber espionage 2013
“What Is the Role of Lawyers in Cyberwarfare? ABA Journal, 2012
Spurring the Private Sector: Indirect Federal Regulation of Cybersecurity in the US, Cybercrimes: A Multidisciplinary Analysis, 2010
Homeland Security, Information Policy, and the Transatlantic Alliance, George Mason Law & Economics Research Paper No. 09-20,18 Mar 2009
Economic politics and national security: a CFIUS case study (2008), Proceedings of the Annual Meeting (American Society of International Law) Vol. 102 (APRIL 9-12, 2008)
“Electronic Evidence Compliance – A Guide for Internet Service Providers,” Berkeley Tech. L. Journal 945 (2003)
“A Patch in Time Saves Nine: Liability Risks for Unpatched Software,” National Legal Center for the Public Interest (2003)
“E-Products and the WTO,” 35 Int’l Lawyer 5 (2001)
“How Courts Can Protect Against the ACPA’s In Rem Provisions’ Vulnerability to Abuse,” The Internet Newsletter, February 2001
Regulating e-commerce: draft convention considered, Trade Regulation Newsletter, March 2000
Survey of International Electronic and Digital Signature Initiatives, E-Commerce Law Report, July 1999
Wassenaar struggles with encryption policy, e-Business World, July/August 1999
Encryption: free the US ‘56+’, ICC Business World, November/December 1999
International Developments Affecting Digital Signatures, 32 Int’l Lawyer 963 (1998) Book Review,
Privacy on the Line: The Politics of Wiretapping and Encryption, Notices of the AMS, June/July 1998
“Does Industry Need Key Recovery, Information Security Bulletin, September 1998
The New Encryption Export Policy: The US Government Rethinks Key Recovery, Electronic Banking Law & Commerce Report, October 1998
Decoding OECD Guidelines for Cryptography Policy, 31 Int’l Lawyer 729 (1997)
Towering Over Babel, American Society for Industrial Security, May 1997
Why We’re All Connected, The Wall Street Journal, November 3, 1997
Government Regulation of Encryption Increases as International Coordination of Policy Is Deemed Necessary, High-Tech Industry, November/December 1997
Information warfare, The Journal of Commerce, April 22, 1996
Japan Enters the Crypto Wars, Wired, September 1996
Cutting red tape on encryption, The Journal of Commerce, September 27, 1996
The new encryption policy, The Journal of Commerce, November 18, 1996
Should Spies Be Cops? 97 Foreign Policy 36 (Winter 1994-95)
The Spider in the ‘Web’: Censorship, Los Angeles Times, March 5, 1995
Chile’s Road to Joining Nafta, The Journal of Commerce, May 4, 1995
Encryption: Shielding Cyberspace, The Journal of Commerce, July 25, 1995
The Net Escape Censorship? Ha!, Wired, September 1995
Beware, the Taxman Cometh to Cyberspace, Los Angeles Times, October 5, 1995
Saving the Endangered Wiretap, Legal Times, November 20, 1995
Don’t Worry, Be Happy – Why Clipper is Good for You, Wired, June 1994
China’s MFN victory may go up in a cloud of tariffs, The Oregonian, August 26,1994
Bypass Tokyo, Talk to Carmakers, The Journal of Commerce, September 27, 1994
After the NAFTA, 27 Int’l Lawyer 765 (1993)
Law & Practice Under the GATT and Other Trading Arrangements (June 1992)
The North American Free Trade Agreement: Issues, Options, Implications (1992)
Playing the Environmental Card, The Journal of Commerce, February 11, 1992
Are the Quotations Cooked? Let Juries Decide, in 1991 First Amendment Law Handbook 157-59 (J. Swanson ed. 1991)
Tackling Japan’s Wheat Market, The Journal of Commerce, August 5, 1991
Arbitral Proceedings Under the UNCITRAL Rules – The Experience of the Iran-United States Claim Tribunal,” 22 G.W.J. Int’l L. and Econ. 804 (1990)
Resolving Disputes Under the Canada-US Free Trade Agreement: Comments on Chapter 18, in Living with Free Trade (Dearden, Hart, Steger eds.) at 31 (1990)
Are the Quotations Cooked? Let Juries Decide,” The Wall Street Journal, September 27,1990
Establishment of an Arbitral Tribunal under the UNCITRAL Rules,” 23 Int’l Lawyer 81 (1989)
The Canada-United States Free Trade Agreement,” 23 Int’l Lawyer 37 (1989)
‘Like Products’ and Commercial Reality in Antidumping Law and Practice (Jackson & Vermulst, eds.) at 287-95 (1989)
Trends in U.S. Trade Law” in 1987 Fordham Corporate Law Institute 513-26 (B. Hawk ed. 1988)
Justice Scalia and Federalism: A Sketch, 20 Urban Lawyer 353 (1988)
John Paul Stevens,” Encyclopedia of the American Constitution (1986)
A Practical Guide to Certiorari,” 33 Cath. U.L. Rev. 611 (1984)
Trade Regulation Law in the United States, 12 Kokusai-Shoji-Homu 238 (1984)
Countertrade and Trade Law,” 5 J. Comp. Bus. L. 375 (1983)
Making the Most of Pennhurst’s ‘Clear Statement’ Rule, 31 Cath. U. L. Rev. 439 (1982)
Toward a Center for State and Local Advocacy, 31 Cath. U.L. Rev. 367, 505 (1982)
Federalism and the Eleventh Amendment, 48 U. Colo. L. Rev. 139 (1977)
A Strict Scrutiny of the Right to Travel, 22 UCLA L. Rev. 1129 (1975)