Anne Toomey Mckenna
- Affiliated Faculty Member, Institute for Computational and Data Sciences, Penn State
Anne Toomey McKenna (she/her) is a licensed attorney, researcher, and Law Professor working for over two decades at the interdisciplinary intersection of technology, privacy, and law. Professor McKenna is currently an Affiliated Faculty with Penn State University's Institute for Computational & Data Sciences and was formerly Penn State Dickinson Law's Distinguished Scholar of Cyber Law & Policy before moving to Richmond for family. Professor McKenna sits on the Advisory Board and serves as Support Chair of the AI Policy Committee for the world's largest technical professional organization, the Institute for Electrical and Electronics Engineers (IEEE), and Co-Chairs IEEE's Privacy, Equity, and Justice in AI Subcommittee.
As part of her work educating, researching, writing, and advising about cutting edge legal and societal issues surrounding privacy, data, technology (including machine learning and artificial intelligence), and surveillance, Professor McKenna collaborates regularly with agency, business, institution, and policy leaders at the highest levels. Professor McKenna brings extensive experiential depth and understanding to her work in these interdisciplinary subjects. That depth and understanding flows from her extensive research, publications, and legal teaching experience combined with her two-plus decades of work as a trial attorney representing clients and handling complex civil litigation in federal and state courts in Maryland and Washington, D.C. That experience includes handling and advising about matters that involve:
.emerging technologies and the law, including artificial intelligence, autonomous systems, and biometric identification systems
.electronic searches and surveillance, electronic evidence
.federal electronic surveillance and hacking laws, including ECPA and CFAA, and state legislation involving data privacy, surveillance, tracking, and evidence
.data practices, data privacy laws, and data breach
.satellite surveillance and data (geodata, geolocation, geofences), and cellular tracking
.online content and speech issues (including Section 230 of the Communications Decency Act,
.mis- and disinformation), website policies, and compliance
.tort and contract-based privacy claims; school and workplace privacy
Professor McKenna is the lead faculty creator of Principles of Cyber Law & Policy, an open access course developed via grant from the National Security Agency to improve U.S. citizens' resiliency in the cyber era. She also served as the Principal Legal Consultant for the National Police Foundation and Department of Justice-COPS's initiative, the Use of UAVs (drones) in Community Policing.
Professor McKenna's published works on law and surveillance, privacy, data, evidence, and emerging technologies are regularly cited in published opinions by federal and state courts across the U.S., and relied upon by judges, attorneys, businesses, and policy makers in navigating these complex and evolving areas of law. Her publications include:
.Jones on Evidence, 7th Ed., Fishman, Clifford S, & McKenna, Anne Toomey (Thomson Reuters), cited by numerous federal and state courts including the U.S. Courts of Appeal for the First, Fourth, Sixth, Seventh, Ninth, Tenth, Eleventh Circuits, and the District of Columbia Circuit
.Wiretapping & Eavesdropping: Surveillance in the Internet Age, McKenna, Anne Toomey & Fishman, Clifford S. (West/Thomson/Reuters) cited by numerous federal and state courts including the U.S. Courts of Appeal for the Fifth, Seventh, and Ninth Circuits
.The Role of Satellites and Smart Devices: Data Surprises and Security, Privacy, and Regulatory Challenges, 123 Penn State L. Rev. 591 (2019), McKenna, Anne Toomey; Gaudion, Amy C.; Evans, Jenni L.
.Pass Parallel Privacy Standards or Privacy Perishes, McKenna, Anne T., 65 Rutgers L. Rev. 1041 (2013)
Her work has also appeared in Blink-an Atlantic publication, The Conversation, and Science Node. Professor McKenna's news media interviews and quotes include NPR's Morning Edition, The Washington Post, The Baltimore Sun, The Boston Globe, the New York Post, Vice, Bloomberg Law/Radio, and NBC, FOX, and CBS news. She is also one of the lead interviewees in the 2020 documentary, Interference: Democracy at Risk. Among her pro bono work, Professor McKenna has represented victims of revenge porn and online stalking, and she helped obtain a published First Amendment victory in Connecticut's Supreme Court for a murder victim's family's right to post missing posters.
Professor McKenna is licensed to practice in federal and state courts in Maryland and the District of Columbia.
Experience- 2018–present Affiliate Faculty, Penn State Institute for Comutational & Data Science 2021–present Visiting Professor of Law, University of Richmond, School of Law 2021–present Visiting Professor of Law, University of Richmond, School of Law 2018–2020 Distinguished Scholar of Cyberlaw & Policy, Penn State Dickinson Law 2016–2018 Visting Professor of Law, Penn State Law 2012–2016 Partner, Founder of SilverMcKenna, Internet Practice Group, STSW (Baltimore-based Law Firm)
- 2021 Wiretapping & Eavesdropping: Surveillance in the Internet Age, 3rd Ed., (substantially revised,, McKenna now primary author), McKenna, Anne T. & Fishman, Clifford S. 2021 Wiretapping & Eavesdropping: Surveillance in the Internet Age, 3rd Ed., (substantially revised,, McKenna now primary author), McKenna, Anne T. & Fishman, Clifford S. 2019 Jones on Evidence, 7th Ed., New Volume 7, Fishman, Clifford S. & McKenna, Anne T. 2019 The Role of Satellites and Smart Devices: Data Surprises and Security, Privacy, and Regulatory Challenges, 123 Penn State L. Rev. 591 (2019), McKenna, Anne Toomey; Gaudion, Amy C.; Evans, Jenni L. 2016 Jones on Evidence, 7th Ed., New Volume 6, Fishman, Clifford S. & McKenna, Anne T. 2013 Pass Parallel Privacy Standards Or Privacy Perishes, 65 RUTGERS L. REV. 1041, McKenna, Anne T. 2010 Wiretapping & Eavesdropping: Surveillance in the Internet Age, 3rd Ed., Fishman, Clifford S. & McKenna, Anne T. 2008 Jones on Evidence, 7th Ed., Fishman, Clifford S. & McKenna, Anne T. 1995 Wiretapping & Eavesdropping, 2nd Ed., Fishman, Clifford S. & McKenna, Anne T.
- 2019 National Security Agency (NSA) - Cyber Workforce Initiatives Role: Lead faculty developer for Cyberlaw course offered nationwide Funding Source: National Security Agency 2016 Use of UAVs in Community Policing Role: Principal Legal Counsel Funding Source: United States Department of Justice
- Maryland State Bar Association; D.C. Bar Association; IEEE
The National Trial Lawyers - Top 100 Trial Lawyers
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