Anne T. McKenna
8 N. Beechwood Avenue
Baltimore, Maryland 21228
410-627-2715
[email protected]
www.silvermckenna.com
Education
J.D., The Catholic University America School of Law, 1994






Internship with the Honorable Ellen Segal Huvelle (then Judge of the D.C. Superior Court,
now Judge of the United States District Court for the District of Columbia)
American Jurisprudence Award in Advanced Criminal Procedure/Investigative Process
Moot Court Associate
Women’s Law Caucus
International Law Society
Student legal advocate in CUA’s renowned litigation clinic
B.A., The Catholic University of America, 1991




Major: Byzantine History
Dean’s List, Every Semester Sophomore through Senior Years
Phi Alpha Theta National Honor Society
Pi Gamma Mu National Honor Society
Jurisdictions Admitted to Practice




State of Maryland, 1994
United States District Court, District of Maryland, 1994
District of Columbia, 1995
United States District Court for the District of Columbia, 2000
Professional Experience-Private Practice
SILVERMCKENNA The Internet and Privacy Law Practice Group of
Silverman|Thompson|Slutkin|White|LLC
Anne joined STSW as a Partner in 2012. Anne founded and chairs STSW’s Internet and Privacy
Practice Group, SILVERMCKENNA. Anne assists private businesses, individuals, and educational
and institutional clients in handling every aspect of electronic surveillance, Internet, computer, email, and cellular issues, including monitoring employees’ and students’ communications and usage.
She represents clients in federal and state courts in Maryland and the District of Columbia. Anne
advises businesses and schools about legally compliant computer and web practices as well as
network banner issues. Anne consults formally and informally with federal and state law enforcement
regarding drones, location tracking, Internet, computer and cellular searches, wiretapping, cellular
McKenna – Curriculum Vitae
August 2014
technology and cellular tracking. Anne routinely makes presentations to businesses, law
enforcement, schools, and various organizations in the fields of her expertise. She regularly attends
conferences in these fields to stay abreast of current developments and to collaborate with her peers
in the field. Anne also consults as an expert in cases related to electronic surveillance and privacy
and evidence.
ToomeyMcKenna Law Group, LLC
2004-2012: As Principal, Anne represented clients in a wide range of litigation matters in Maryland
and the District of Columbia. She consulted with business and educational clients with respect to
monitoring their employees and students’ Internet, computer, e-mail, and cellular usage, and advised
businesses about legally compliant computer and web practices and network banner issues. She
also consulted formally and informally with federal and state law enforcement with respect to the
Fourth Amendment, computer searches, cellular technology, cellular searches and cellular tracking,
and continued her research, writing, publishing and teaching seminars in the fields of her expertise.
Crosswhite, McKenna, Limbrick & Sinclair, LLC
1997-2004: Anne and other attorneys from Miles & Stockbridge co-founded Crosswhite, McKenna,
Limbrick & Sinclair, LLC, (CMLS) which within one year of inception became an AV-rated premier
Baltimore litigation boutique representing businesses and individuals in federal and state courts in
Maryland and the District of Columbia. As one of two founding partners, Anne successfully launched
CMLS, cultivating and developing the firm’s broad array of business and private clients and practice
areas, including: insurance defense litigation, coverage disputes, employment-related litigation,
products liability, medical malpractice, mediation and other forms of alternative dispute resolution.
Clients included individuals, small businesses and publicly traded corporations in state and federal
courts in Maryland and the District of Columbia. While at CMLS, Anne tried numerous jury trials,
particularly in significant exposure cases. Her specialized practice areas also included electronic
surveillance issues and privacy laws.
Miles & Stockbridge, PC
1995-1997: Anne was hired as an associate in the firm’s Baltimore litigation department, where she
worked directly with the Honorable James R. Eyler. Her practice areas included: large corporate
clients handling catastrophic loss cases, medical malpractice cases, toxic torts, insurance defense
and insurance coverage in federal and state courts. Anne co-tried multiple jury trials during her
tenure at Miles & Stockbridge.
Professional Experience-Legal Consultant
The Police Foundation and the Department of Justice-COPS Office
Principal Legal Consultant
Since 2013, Anne T. McKenna has been the Principal Legal Consultant retained and contracted by
the Department of Justice's COPS Office, and the Police Foundation in their joint project, Community
Policing and UAS Guidelines to Enhance Community Trust. As Principal Legal Consultant, Ms.
Page 2 of 8
McKenna – Curriculum Vitae
August 2014
McKenna and the STSW Law Firm have provided comprehensive legal research and memorandum
on the legal considerations in the use of UAVs (drones) by domestic law enforcement operations,
including local and state police. Anne works closely with DOJ and Police Foundation employees as
well representatives from law enforcement across the country on the legal and liability issues
associated with the implementation of UAVs in community policing and domestic law enforcement.
Professional Experience-Adjunct Teaching
The Catholic University of America: Adjunct Professor
2007-Present: Anne is an Adjunct Professor at The Catholic University of America, where she
teaches about the First and Fourth Amendments, Internet, privacy, surveillance and media law. The
course reviews the American legal system, U.S. courts, procedures, the U.S. Constitution, and U.S.
laws such as FOIA, and educates students about legal research and legal writing. Anne is one of
the most highly rated Adjunct Professors/Lecturers in her Department.
Publications—Law Review and Reporters
PASS PARALLEL PRIVACY STANDARDS OR PRIVACY PERISHES
65 RUTGERS L. REV. 1041, RUTGERS LAW REVIEW, SUMMER 2013
In this Law Review Article, Anne T. McKenna analyzes and explains private industry and
government's surveillance, collection, storage, use, and distribution of citizens' electronic data,
including individuals' biometric identifiers; she considers concepts of individual privacy and an
individuals' right to know and right to be forgotten; and she then proposes legislation to regulate both
private industry and government's surveillance, collection, storage, use, and distribution of citizens'
personal electronic data. She proposes solutions that would work for private industry while
simultaneously preserving individual privacy.
Cybercrime Law Report, Anne T. McKenna, (West/Thomson Legal Publishing, Inc.,
2004-2008).
Cybercrime Law Report was a bi-weekly report with a large subscription base of prosecutors,
government officials and private practitioners that Anne researched, wrote and edited; it was
published through West/Westlaw. The bi-weekly Report described all recent cybercrime case-related
decisions, as well as the news from the Department of Justice, the FBI, the Drug Enforcement
Agency, the Federal Trade Commission, and the United States Attorneys’ Offices across the nation.
The Report also updated subscribers on current news and awareness of cybercrime, cyber/internet
developments, privacy laws and issues, and technology advances.
Page 3 of 8
McKenna – Curriculum Vitae
August 2014
Publications—Treatises
Wiretapping & Eavesdropping: Surveillance in the Internet Age, 3rd Ed., Clifford S.
Fishman & Anne T. McKenna (West/Thomson Legal Publishing, Inc., 2007, 2010,
and annual supplement).
The third edition of the seminal “Fishman & McKenna” Wiretapping treatise contains multiple new
chapters written exclusively by Anne that analyze federal and state law with respect to the rapidly
evolving civil and criminal legal issues and privacy issues surrounding the Internet,
computers, cellular devices, electronic location tracking, drones, and biometrics.
Since its publication in December of 2007, this treatise has already been cited in
numerous published federal and state court judicial opinions, including by
the United States Court of Appeals for the Seventh Circuit in August 2010. The third
edition is a resource for attorneys working in private practice and in the government,
as well as for law enforcement. It is also a resource for other scholars in the field,
and like the earlier second edition, it is frequently cited in law review articles.
Jones on Evidence, Civil and Criminal, 7th Ed., Clifford S. Fishman & Anne T.
McKenna, (Thomson Legal Publishing, Inc., 1992-present).
In the fall of 2004, Anne began co-authoring this evidence treatise, which is in its
second century of publication. Jones enables civil and criminal practitioners in private
and public practice to learn and understand evidentiary issues and evidentiary rules,
including the Federal Rules of Evidence, and to use evidence effectively, whether the
issue is admission, exclusion, preservation or relevance. Jones has been cited in
numerous federal and state court opinions and law review articles.
Wiretapping and Eavesdropping, 2nd Ed., Clifford S. Fishman & Anne T. McKenna,
(Original Publisher: Clark Boardman & Callaghan, 1995; Subsequent Publisher:
West).
This work is a two-volume treatise that addressed all aspects of surveillance technology in both civil
and criminal contexts. Prior to its being superseded by a third edition, it was a tool used by
prosecutors, judges, law enforcement officials and private practitioners that has been cited and
relied upon in a host federal and state court published opinions across the country. Anne regularly
updated this treatise by researching, analyzing and writing yearly supplements from its initial
publication in 1995 until it was superseded by a third edition in 2007 (see above).
Publications—Blog
Page 4 of 8
McKenna – Curriculum Vitae
August 2014
Anne is the author of the Internet Privacy Law Blog, http://www.internetprivacylawblog.com/
where she regularly publishes articles related to the subject. Recent blog posts authored by Anne
include:
 Business Cybersecurity & the Cloud: Six Practical Steps to Avoid or Reduce Legal Liability
 Internet Copyright Trolls – Malibu Media Makes Marylanders Miserable
 Your Business Has an Online Website—Does this Mean You Are an Internet Content
Provider? – The Communications Decency Act and Your Online Website
 Your Employees and Social Media – Can You Read Their Online Activity? Worse, Could You
Be Liable for It? Why Your Business Needs a Social Media Policy for Employees
 The Cyber Intelligence Sharing and Protection Act of 2013 (CISPA) -- Problematic Privacy
Legislation?
Pending Publications
Volume 6, Jones on Evidence, 7th ed., Fishman & McKenna, West/Thomson Reuters
(2014).
Anne, together with Cliff Fishman, is in the process of researching/writing the new Volume 6 of
Jones on Evidence, which has an anticipated publication date of December 2014. Volume 6 covers
in detail the subject of privileges, including the attorney-client privilege, and the subjects of lay and
expert witness testimony. It will be the first hardbound Volume to be published in the Jones 7th
edition set in over a decade.
Lecturer/Panelist Activities
Anne routinely presents seminars to educational institutions, schools, students, law enforcement and
private sector businesses on Internet, computer and cellular surveillance, searches, tracking,
biometrics, drones and employer/employee Internet usage and monitoring. Highlights from Anne’s
Lecturer/Panelist work in 2012-2014 include:
6/30/14 Washington, D.C. -- Hall Of States: Anne McKenna Speaks To Representatives from DOJCops, DHS, and Police Foundation on Domestic Use of UAVs
On June 30, 2014, at the Hall of States, Washington, D.C., Ms. McKenna spoke to the DOJ/Police
Foundation Project's Advisory Board, which consists of representatives from Department of Justice,
Department of Homeland Security, Brennan Center for Justice, Police Foundation, International
Association of Police Chiefs, and local and state law enforcement officers and experts from across
the country, and provided an overview of the legal issues surrounding implementation of UAVs in
domestic law enforcement. Ms. McKenna addressed constitutional and privacy considerations,
applicability of existing Fourth Amendment jurisprudence, First Amendment considerations,
electronic surveillance laws, electronic surveillance devices capable of deployment via UAVs, and
insurance and civil liability considerations.
Page 5 of 8
McKenna – Curriculum Vitae
August 2014
6/30/14 Washington, D.C. –American Bar Association: Anne McKenna Participates in ABA
Roundtable on Digital Privacy at the ABA’s Offices in D.C.
On June 30, 2014, Anne McKenna participated in the ABA’s Roundtable on Digital Privacy where
Anne, other attorneys, and distinguished academics discussed digital privacy and the ABA’s role in
developing a resolution and/or guidelines for industry and legislation to protect digital privacy rights
for American citizens. Anne and Cliff Fishman have agreed to take a leading role for the ABA in
developing a framework of data practices for consideration and possible adoption by the ABA.
Rutgers Law review Symposium 2013: Where There is No Darkness: Technology and the Future of
Privacy: (3/29/2013) Anne was invited to participate in the lead panel of a day-long symposium
hosted by Rutgers University Law School. The focus of the Symposium, evident from the title, was
emerging technologies, the Fourth Amendment and the future of privacy law. Anne spoke to the
audience about location tracking and the various forms of location tracking technologies that can be
used to track citizens by both government and private industry, including drones and biometrics
(face recognition and gait analysis).
Privacy Law Scholar's Conference (PLSC): Anne is a regular participant in the invitation-only Privacy
Law Scholars’ Conference. Hosted by GW and Berkeley Law Schools, the PLSC is a conference in
which leaders from around the world and representatives from private industry (such as Google,
Microsoft, IBM, and Facebook), government, legislators, academics, and private practitioners come
together to discuss, address and shape the future of all aspects of digital privacy, nationally and
internationally. In May of 2011, Anne was invited to comment and lead the group discussion for a
panel on employment privacy at the PLSC annual conference at Berkeley School Law. In June 2012,
Anne was again invited by the PLSC organizers to comment and to lead the discussion in the final,
encore presentation of a panel discussing legislative issues with respect to privacy at GW Law
School in Washington, DC. Anne was invited to speak and comment at the June 2013 PLSC in
Berkeley on wiretapping and computer hacking by private and government actors.
The National Press Club: In November 2012 at the request of CUA Law School, Anne assembled
and spoke at the National Press Club on the following panel: THE TRACKING CLASH: The Judicial,
Legislative and Executive Branches—Grappling with US v. Jones and the Use of Geolocation and
Biometric Tracking. The Panel, moderated by the Honorable Joseph F. Murphy, Jr., (Ret.,
Maryland’s Court of Appeals) and led by experts from academia, private practice, and Congress,
explored the conflict between case law, statutory law and law enforcement practice, and then
discussed feasible legislative and judicial solutions that preserve Constitutional liberties while
enabling the Government to use available technology to protect our people and institutions.
CUA’s Law and Public Policy Lecture Series: In February of 2013, Anne spoke as a guest panelist at
The Catholic University of America's Columbus School of Law to discuss the Supreme Court's
January 2012 decision in U.S. v. Jones, a GPS tracking case, and to analyze the privacy policy
issues raised by the three opinions issued with the decision.
Page 6 of 8
McKenna – Curriculum Vitae
August 2014
News Media Interviews
Anne is regularly consulted by reporters and writers because of her expertise in the fields of
technology, the Fourth Amendment, privacy law, social media, the Internet and cellphones. She
appears frequently on national and local news media programs. Whether it’s being called upon to
speak at The National Press Club in Washington, D.C., or being interviewed by one of the major
networks, Anne is knowledgeable and well-spoken; she’s comfortable
speaking both on and off camera. A selection of some of Anne’s 2012
and 2013 news media interviews and articles quotes are set forth
below.
03/2014: NBC Washington interviews Anne McKenna on cover story
related to cyber-trolls and Internet privacy issues
11/11/13: NBC Washington covers Charity Fraud Case; STSW’s
SilverMcKenna represents victims
11/11/13: FOX Baltimore interviews STSW/SilverMcKenna about its
defense of charity fraud victims in Federal Court
8/27/13: FOX45 interviews Anne McKenna live on the evening news
re: Internet and Social Media privacy and safety concerns
8/13/13: Anne McKenna discusses electronic hacking of car computer systems live on FOX evening
news
6/26/13: Fox45 news interviews Anne McKenna on Facebook's secret shadow profiles
6/6/13: Anne McKenna speaks with FOX about the right of journalists to access government records
5/16/13: FOX45 interviews Anne McKenna on the legality of posting mug shots to the Internet and
public access to police records
5/14/13: FOX45 interviews Anne McKenna live on the constitutional and privacy issues surrounding
Google glasses
5/1/13: FOX45 interviews Anne McKenna live on the hacked AP twitter feed and false tweets about
explosions at the White House
5/2/13: FOX Baltimore reports on Anne McKenna and STSW's successful taking on of revenge porn
sites like Yougotposted.com
4/18/13: FOX News covers Anne McKenna and Steve Kelly's pro bono representation of victims'
family First Amendment rights to search for their missing son.
4/09/13: FOX45 live interview – Anne McKenna breaks down the possible ramifications of the Cyber
Intelligence Sharing and Protection Act (CISPA)
4/02/13: Law360 Article: Anne McKenna quoted in article on the In Google Privacy Standoff, EU
Shows off Expansive Reach
12/31/12: FOX News live interview – Anne McKenna speaks about Privacy, School Shootings and
the NICS
Page 7 of 8
McKenna – Curriculum Vitae
August 2014
11/20/12: Legal Times: Covering National Press Club Panel
11/20/12: CUA Law Press Release: after NPC Panel
11/20/12: Law360 Article: Anne McKenna quoted extensively in article on the Google Safari Browser
FTC Settlement
11/09/12: Silverman Thompson Lands Internet, Privacy Pro In Baltimore
11/08/12: CUA Law Press Release: National Press Club Panel on GPS, cellular and biometric
tracking
7/31/12: FOX News Nationally-Syndicated Interviews Anne McKenna on privacy and how personal
data is bought and sold on the Internet everyday
7/18/12: FOX News Cover Story: Anne McKenna interviewed on how Facebook uses its members
6/26/12: FOX News Live Interview: Anne McKenna and Facebook's New Aggressive Advertising
5/29/12: FOX News Live interview: Anne McKenna and Apple’s Siri – surreptitiously collecting
personal data
2/27/12: FOX45 Cover Story – Anne McKenna speaks on Privacy and the Do Not Call List
2/14/12: WBFF FOX45 - Posting Compromising and Inappropriate Images without Consent
Professional Memberships; CLE; Activities
Associations (Past and Present):
American Bar Association; Maryland State Bar Association; Baltimore County Bar Association;
Baltimore City Bar Association; District of Columbia Bar Association; American Trial Lawyers
Association; Judicial Selections Committee for Baltimore City Bar Association--2004
CLE Courses:
Certified Mediator-MICPEL Mediation Course (40 hour course with Certificate); Evidence and The
Art of Making Objections; MTLA Deposition Clinic; MTLA Women’s Litigation Seminar; MTLA Auto
Tort Clinic; MTLA Soft Tissue Injury Clinic; MTLA Medical Malpractice Clinics; MTLA Accident
Reconstruction Seminar
Community Activities:
Chair, Parish Finance Committee, St. Mark Catholic Parish, 2005-2012
Parish Council, St. Mark Catholic Church, Catonsville, Maryland 2004-2012
Evangelization/Stop Internet Bullying Committee, St. Mark Catholic Church, 2010-2012
Volunteer Lunch Coordinator/Participant, Baltimore County Homeless Shelter
Various Volunteer activities in community and local schools
Page 8 of 8