Publications

Treatises

Wiretapping & Eavesdropping: Surveillance in the Internet Age, 3rd Ed., McKenna, Anne Toomey & Fishman, Clifford S. (Thomson West, annually supplemented). Four-volume treatise published both as a hardbound treatise by Thomson West and online with its own dedicated Westlaw directory. This work:

  • Analyzes and explains in detail federal law and the ever-increasing number of state laws, plus the Constitution, federal and state court decisions, and regulations related to technology, electronic surveillance, electronic devices, data collection, privacy, and the rapidly evolving civil, criminal, societal, and policy issues surrounding these subjects (includes legal analysis of IoT, cellular & smart devices, geolocation tracking, satellites, drones, biometrics);

  • Is regularly cited by federal and state judicial opinions, including by the U. S. Courts of Appeals for the Fifth, Seventh, Ninth, and Eleventh Circuits; and

  • Is a well-known resource for and frequently cited by government and private practice attorneys, researchers, and law enforcement.

Wiretapping and Eavesdropping, 2nd Ed., Fishman & McKenna, (Clark, 1995, superseded by 3rd edition).

Jones on Evidence, Civil and Criminal, 7th Ed., Fishman, Clifford S. & McKenna, Anne T. (Thomson Reuters, 2004 through present). One of the longest running evidence treatises in existence (in its second century of publication). The 7th edition is frequently cited by federal and state courts, including by the U.S. Courts of Appeal for the Fourth, Sixth, Seventh, Ninth, Tenth, and Eleventh Circuits, and the District of Columbia Circuit. Since joining as co-author to 7th Ed.:

  • In 2016, added new hardbound Volume 6 (expert witnesses in civil cases);

  • In 2019, added new hardbound Volume 7 (damages-related experts, expert witnesses in criminal cases, and DNA evidence);

  • Significantly updated existing hardbound volumes so all volumes now have stand-alone supps; and

  • Oversaw Thomson Reuters’s creation of a dedicated online Westlaw directory for all of Jones

Books (Pending)

Cyberlaw in Practice, McKenna, Anne Toomey (Wolters Kluwer; upcoming publication in Winter 2024). Unique in design, this casebook flowed from my creation of the Cyberlaw in Practice course. The casebook:

  • Reviews the pervasiveness of cyber and online activity and data in modern human life;

  • Explains technical underpinnings of modern communication platforms, smart devices, the cloud, emerging technologies, including biometrics and AI), and the resulting information nexus;

  • Analyzes existing constitutional, statutory, regulatory, and common law sources that have melded into the framework of laws called cyberlaw;

  • Addresses, in standalone chapters, the impacts that cyber technology has on traditional doctrinal subject areas, including civil procedure, torts, contracts, constitutional law, and evidence (with overview of electronic evidence); and

  • Breaks cyberlaw down by major practice areas, including business law, insurance law, employment law, torts and online speech, constitutional law, and criminal law.

Law Review Articles 

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. Hit the top 10 repeatedly in SSRN downloads in multiple subject areas.

Pass Parallel Privacy Standards or Privacy Perishes, McKenna, Anne T., 65 Rutgers L. Rev. 1041 (2013). 

Misc. Law-Related Articles, Reports, Blogs, Comments 

The Conversation, Data brokers know everything about you – what FTC case against ad tech giant Kochava reveals (January 2024)

The Conversation, US agencies buy vast quantities of personal information on the open market – a legal scholar explains why and what it means for privacy in the age of AI (August 2023)

BRINK, An Atlantic publication, Consumer Data as Evidence in a post-Dobbs World (November 2022)

The Conversation, What is Fog Reveal? – A legal scholar explains the app some police are using to track people without a warrant. Picked up by NPR, Fast Company, and others. (October 2022)

The Conversation, A new US data privacy bill aims to give you more control over information collected about you – and make businesses change how they handle data, discussing the proposed American Data Privacy Protection Act. Picked up and published by Yahoo News, Ars Technica, Fast Company, NPR, and other media outlets. (August 2022)

Science Node, Privacy vs. Pandemic, the impact of COVID-19 on health privacy in U.S.; how contact tracing works, and how its data can be to monitor protestors; and immunity passports. (June, 2020)

BRINK, An Atlantic Publication, The ACDC Act Opens the Door to a Hack-Back Highway to Hell, in-depth analysis of the Active Cyber Defense Certainty Act (July 21, 2019)

Science Node, Who owns your information?-The EU's new data protection regulations could influence how privacy is viewed in the US, discussing implementation and impact of the E.U.’s General Data Protection Regulation. (June 27, 2018)

The Conversation, Appeals Court urges Congress to stop NSA’s mass scale surveillance. (May 2015) 

The Internet Privacy Law Blog (internetprivacylawblog.com) – 2013-2016 published blog posts: 

Cybercrime Law Report, McKenna, Anne T. (West/Thomson 2004-2008). 

Bi-weekly reporter (subscription base of government & private practitioners) that analyzed technological advances, federal and state laws, cyber-related court decisions, and latest DOJ, FBI, DEA, FTC, FCC news. 

Course Materials

NSA’s Principles of Cyber Law & Policy, Lead faculty for course created pursuant to an NSA grant; course published nationally on the Clark Center site as part of the National Institute of Standards and Technology’s National Initiatives for CyberSecurity Education. Course examines cyber technology, cyber governance, and cyber law and policy for non-lawyers, and educates the public, business professionals, and workforce about cybersecurity, cyber risks, and the law. 

Policy and Guideline Memoranda 

U.S. Department of Justice-COPS Div. and the Police Foundation Joint Initiative on Use of UAVs in Community Policing, Principal Legal Consultant, Author of published Policy and Legal Memorandum: 

  • UAV Technology and US Law

  • UAV Liability Analysis

  • UAV/UAS-Overview of Research and Publications 

  • UAV-Gathered Electronic Data-Analysis of Data Collection, Retention, Storage, & Use

  • UAV-Related State Legislation