Anne Toomey McKenna

Distinguished Scholar of Cyberlaw and Policy, Dickinson Law and ICDS Associate and Professor of Practice, Institute for Computational and Data Sciences (ICDS)

Anne Toomey McKenna joined Penn State from a major Mid-Atlantic law firm where she was a partner and the founder and chair of one of the region’s first dedicated cyber and privacy law practice groups.

Professor McKenna is a nationally recognized trial attorney and author in cyber, privacy, electronic surveillance, cellular, and evidence law. She brings over two decades of complex civil litigation and privacy law practice experience along with fifteen years of legal teaching experience. Subjects she teaches or has taught include civil procedure, evidence, information privacy law, cyberlaw, and media law.

Professor McKenna has represented large and small businesses, educational clients, and individuals in litigation and non-litigation matters involving workplace privacy and surveillance, data practices, data breach and data theft, website privacy policies and terms of use, cellular practices, geolocation tracking, online content and speech, online torts, content take-downs, electronic surveillance statutory claims, and privacy.

Throughout her career, Professor McKenna has consulted and continues to work with government officials and industry about wiretapping, computer and cellular searches, geolocation tracking, cyberlaw, unmanned aerial vehicles (UAVs), and commercial remote sensing satellites.

She also served as the Principal Legal Consultant for the Department of Justice-COPS and the Police Foundation’s joint initiative on the use of UAVs in community policing. In 2018-2019, Professor McKenna worked with the National Security Agency (NSA) and other Penn State faculty (McKenna was the lead content developer) for a course on cyber law that the NSA offers nationwide to improve cyber education among American schools and our workforce. 

Professor McKenna is a prolific author whose research and writing has demonstrated impacts in law. In addition to being cited by many dozens of law review articles, jury instructions, and other secondary sources, Professor McKenna’s multi-volume, hardbound treatises on evidence (Jones on Evidence, 7th Ed., Fishman & McKenna, published by Thomson Reuters), and electronic surveillance law (Wiretapping & Eavesdropping: Surveillance in the Internet Age, Fishman & McKenna, published by West Publishing) collectively have been cited by the United States Courts of Appeal for the Fourth, Fifth, Sixth, Seventh, Ninth, Tenth, and Eleventh Circuits; the District of Columbia Circuit; and dozens of lower federal courts and state courts. Both treatises are well-known resources for attorneys and law enforcement and have their own dedicated directories on Westlaw. Her other publications include cybercrime reports for Westlaw, a host of blogs and short articles about cyber and privacy law and legislation. Her most recent law review article is The Role of Satellites and Smart Devices: Data Surprises and Security, Privacy, and Regulatory Challenges, McKenna, Gaudion, & Evans.

As a result of her work in the electronic surveillance and privacy law fields, Professor McKenna has been at the forefront of civil litigators and legal scholars working in the increasingly intersecting fields of cyber technology, the web, electronic surveillance, and privacy law. She has served on numerous legal panels, presented her works at multiple conferences, and is a regularly invited speaker at universities, businesses, bar organizations, and schools to discuss cyber issues, privacy, and the law.

Professor McKenna is frequently consulted, interviewed, and quoted in local and national TV and print news media, including The Washington Post, the Boston Globe, NPR’s Morning Edition, Bloomberg Radio, VICE, Law360, FOX, NBC, and CBS. 

Among her pro bono work, Professor McKenna has represented and advised many victims of revenge porn and online stalking and obtained a published First Amendment victory in Connecticut’s Supreme Court for the right of a murder victim’s family to post missing person posters.


Select Publications by Professor McKenna

Wiretapping & Eavesdropping: Surveillance in the Internet Age,” 3rd Ed., 2007. (with Clifford S. Fishman)

Jones on Evidence: Civil and Criminal,” 7th Ed. (with Clifford S. Fishman)

“Cyberlaw Crime Report,” 2004-2008

Anne Toomey McKenna

Email  atm19@psu.edu

Phone  717-241-3508

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In the Media


Education
J.D., The Catholic University of America School of Law

B.A., The Catholic University of America


Faculty Blog

Selected Works


Current Courses
Cyberlaw in Practice

Information Privacy Law

McKenna's Publications

Wiretapping & Eavesdropping: Surveillance in the Internet Age,” 3rd Ed., 2007. (with Clifford S. Fishman)

Jones on Evidence: Civil and Criminal,” 7th Ed. (with Clifford S. Fishman)

“Cyberlaw Crime Report,” 2004-2008

Pass Parallel Privacy Standards or Privacy Perishes, T., 65 Rutgers L. Rev. 1041, Rutgers Law Review, Summer 2013