William Baker is a partner with more than 30 years of experience in postal, privacy and data security, consumer marketing, and communications law. He has represented First Class business mailers and newspapers in litigation, rulemaking, counseling, and legislative matters involving the rates and classifications of the United States Postal Service (USPS) before the Postal Regulatory Commission and the Congress. He also advises clients on mailing issues, the Private Express Statutes, and logistics/delivery matters.
Mr. Baker handles a wide range of marketing, privacy, compliance, and data security issues arising under the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, the Do Not Call Act, the Children’s Online Privacy Protection Act (COPPA), state data security breach notification laws, and international privacy and data transfer laws. He has represented website publishers and social media in Federal Communications Commission (FCC) and Federal Trade Commission (FTC) proceedings regarding consumer privacy and data security, location-based services, behavioral advertising, and related new media issues, and has advised clients regarding issues involving Unmanned Aircraft Systems (drones) and the Internet of Things.
- Participated in every major proceeding before the Postal Regulatory Commission since 1987, including rate cases, rulemakings, advisory proceedings, and annual compliance reviews.
- Advised publishers and others regarding the scope, restrictions, and exceptions to the Private Express Statutes.
- Extensive experience in counseling marketing and information professionals regarding compliance with the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule, the CAN-SPAM Act, the Children’s Online Privacy Protection Act, and other privacy laws when providing information and advertising via telephone, mobile apps (including location-based services), email, text messaging, websites, social media or direct mail.
- Successfully advocated resolution in Toysmart case establishing legal framework for sale of customer lists in bankruptcy proceedings.
- Served as principal outside counsel to leading online industry self-regulatory privacy organization.
- Secured exemption of bona fide newsletters from FTC regulations implementing CAN-SPAM for publishers.
- Counseled a leading wireless carrier on federal and state laws relevant to location-based services.
- Advised clients regarding international privacy laws, including European and Canadian data protection laws, regarding the collection, use, and transfer of personal data.
- Represented leading U.S. satellite company on complex regulatory issues before the Federal Communications Commission.
- Participated in proceedings before the National Telecommunications and Information Administration regarding mobile privacy disclosures and facial recognition technology.
- Participated in FCC proceedings addressing the regulatory framework for telecommunications carrier provision of enhanced and information services.
- Defended advertising, including claims substantiation, before the Better Business Bureau.
- Wiley Rein LLP, Partner and Counsel
- Olwine, Connelly, Chase, O’Donnell & Weyher, Associate
HONORS AND AWARDS
- Certified Information Privacy Professional-U.S. (International Association of Privacy Professionals, since 2008)
PRO BONO AND COMMUNITY INVOLVEMENT
- Chair, IAPP D.C. KnowledgeNet chapter (2004-2010)
- IAPP Educational Advisory Board (2009-2011)
- Co-Commissioner, Youth Ultimate League of Arlington (2012-2013)
- Former member, Arlington County Fiscal Affairs Advisory Commission
MEMBERSHIPS AND AFFILIATIONS
- Member, American Bar Association House of Delegates
- Chair, American Bar Association, Section of Science & Technology Law (August 2018-August 2019)
- Member, National Conference of Lawyers and Scientists (2015-present)
- International Association of Privacy Professionals
- Life Fellow, American Bar Foundation
PUBLICATIONS AND SPEECHES
- Panel Moderator, “Demystifying the Government Role in IoT Regulation,” ABA National Institute on the Internet of Things (Washington, D.C. March 28, 2019).
- Moderator and Speaker, “Privacy and Data Security,” Arizona State University/ABA Section of Science & Technology Law Smart Cities (Phoenix, Arizona Feb. 22, 2019).
- Moderator, “Introduction to Blockchain,” ABA CLE-Teleconference (October 24, 2018).
- Moderator, “Of Hal, Skynet and iRobot,” ABA National Institute on the Internet of Things (Washington, D.C. May 2018).
- Speaker, “Legal & Practical consequences of No Governors,” The Continuity Shippers Association 21st Anniversary Invitational Postal Seminar (Kingsmill Resort, Williamsburg, Virginia September 7, 2017).
- Speaker, “Exploring Privacy issues in the context of physical mail versus digital marketing, a continuation of a dialogue started by Chris Hoofnagle,” The Continuity Shippers Association 21st Anniversary Invitational Postal Seminar (Kingsmill Resort, Williamsburg, Virginia September 8, 2017).
- “What happens To Your Big Data After You Die?” The SciTech Lawyer (Winter 2016).
- “USPS Can’t Reject Mailings With Marijuana Ads,” with Paul J. Boyle, Presstime Update (January 20, 2016) (http://www.naa.org/Public-Policy/Government-Affairs/Postal-Affairs/USPS-Cant-Reject-Mailings).
- “The FCC’s Net Neutrality Order Part II: What Will Happen And What Will Be The Effect On The Internet Ecosystem,” IAPP Privacy Tracker (April 2, 2015).
- “The FCC’s Net Neutrality Order Part I: What It Says And How We Got Here,” IAPP Privacy Tracker (March 31, 2015).
- “The Complications of Doing Mobile Marketing Legally,” (with assistance from Kathleen Scott) Journal of Internet Law (February 2014)
- “Mobile Marketing Complicates Legal Compliance,” The SciTech Lawyer (Summer 2013).
- “Who Owns ‘My’ Personal Information?” BNA Bloomberg Privacy & Security Law Report, 11 PVLR 1062 (July 2, 2012) & BNA Bloomberg Electronic Commerce Report, 17 ECLR 1218 (July 4, 2012).
- “Five more common website mistakes to avoid,” ComputerWorld (August 2011)
- “The changing meaning of ‘personal data,’” (with Anthony Matyjaszewski), IAPP Privacy Advisor (April 2011) (republished by Lexology).
- Quoted in “FCC Fines AT&T $25m for Data Privacy Lapse; Who Will Be Next?” Sam Pfeifle, The Privacy Advisor (April 9, 2015)
- Speaker, “TCPA and Wireless Marketing at the FCC, the FTC, and in the Courts,” International Association of Privacy Professionals (San Jose 2014).