William Baker is a partner with more than 35 years in postal, privacy, and consumer marketing law.
He represents First Class business mailers and newspaper and magazine publishers in rate cases, litigation, rulemaking, counseling, and legislative matters involving the rates and classifications of the United States Postal Service (USPS) before the Postal Regulatory Commission, the courts, and the Congress. He also advises clients on mailing issues, negotiated service agreements, the Private Express Statutes, and logistics/delivery matters.
Mr. Baker also 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 privacy laws, and international privacy and data transfer laws. He has represented website publishers, e-commerce sites, 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 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.
- Successfully opposed an effort by the Postal Service to change the methodology used to set mail preparation discounts that would have significantly reduced mailer incentives to presort efficiently.
- Successfully opposed an effort by the Postal Service to favor its own postage payment system over private payment systems for a new service.
- Advises 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 outside general counsel to leading online industry self-regulatory privacy organization.
- Secured exemption of bona fide newsletters from FTC regulations implementing CAN-SPAM for publishers.
- Advises clients regarding international privacy laws, including European and Canadian data protection laws, regarding the collection, use, and transfer of personal data.
Honors & Awards
- Certified Information Privacy Professional-U.S. (International Association of Privacy Professionals, since 2008)
Publications and Speeches
- 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, “SciTech Focus on Blockchain: 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 Postal Governors,” The Continuity Shippers Association 21st Anniversary Invitational Postal Seminar (Williamsburg, Virginia September 7, 2017)
- Moderator, “IP Issues and the Internet of Things,” ABA National Institute on the Internet of Things (Washington, D.C. March 2016)
- “Mailability of Marijuana-Related Advertising Under the Postal Law,” The SciTech Lawyer (Spring 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)
- 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)
Co-Commissioner, Youth Ultimate League of Arlington (2012-2013)
Former member, Arlington County Fiscal Affairs Advisory Commission and Arlington Public Schools Budget Advisory Council
Memberships and Affiliations
- Member, American Bar Association House of Delegates (2019-2021)
- Chair, Section of Science & Technology Law, American Bar Association (August 2018-August 2019)
- Member, Professional Editorial Board of Jurimetrics law journal published by the Sandra Day O’Connor School of Law at Arizona State University
- Member, National Conference of Lawyers and Scientists (2015-2020)
- International Association of Privacy Professionals
- Chair, IAPP D.C. KnowledgeNet chapter (2004-2010)
- IAPP Educational Advisory Board (2009-2011)
- Life Fellow, American Bar Foundation
News, Events & Insights
University of Virginia, J.D.
University of Virginia, B.A. (Economics)
- Wiley Rein LLP, Partner
Areas of Practice
- District of Columbia
- New York
- U.S. Court of Appeals for the 4th Circuit
- U.S. Court of Appeals for the 9th Circuit
- U.S. District Court for the District of Columbia