Margaret Hu Associate Professor of Law

Phone: 540-458-8359


Office: 441 Lewis Hall 

SSRN •  CV •  Scholarly Commons  •  High Res Photo

Area of Expertise

Cybersurveillance, Big Data, Data Privacy, Civil Rights


BA, University of Kansas

JD, Duke University


Margaret Hu is an Associate Professor of Law at Washington and Lee University School of Law.  Her research interests include the intersection of immigration policy, national security, cybersurveillance, and civil rights.  Previously, she served as senior policy advisor for the White House Initiative on Asian Americans and Pacific Islanders, and also served as special policy counsel in the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), Civil Rights Division, U. S. Department of Justice, in Washington, D.C. As Special Policy Counsel, Hu managed a team of attorneys and investigators in the enforcement of the anti-discrimination provisions of the Immigration and Nationality Act (INA), and was responsible for federal immigration policy review and coordination for OSC.

Hu received her B.A. in East Asian Languages and Cultures from the University of Kansas and her J.D. from Duke Law School. She is a Truman Scholar, Foreign Language Area Studies Scholar, and recipient of a Duke Law School Merit Scholarship. She clerked for Judge Rosemary Barkett on U.S. Court of Appeals for the Eleventh Circuit, and subsequently joined the U.S. Department of Justice through Attorney General's Honors Program under Attorney General Janet Reno.

Hu has served in various leadership positions, including vice chair, Kansas Commission for National and Community Service, by gubernatorial appointment; Board of Directors, Harry S. Truman Library and Museum; Board of Directors, University of Kansas Memorial Corporation; National Governing Board, National Asian Pacific American Women's Forum; and Dean's Advisory Council, Duke Law School.

Recent Publications


The Big Data Constitution: Constitutional Reform in the Cybersurveillance State, Cambridge University Press (forthcoming 2018-19)


Orwell's 1984 and a Fourth Amendment Cybersurveillance Nonintrusion Test, 92 Washington Law Review 1819 (2018)

Cybersurveillance Intrusions and an Evolving Katz Privacy Test, 55 American Criminal Law Review 127 (2018)

Bulk Biometric Metadata Collection, North Carolina Law Review (2018)

Horizontal Cybersurveillance through Sentiment Analysis, William & Mary Bill of Rights Journal (forthcoming)

Crimmigration-Counterterrorism, Wisconsin Law Review, 2017 Wisconsin Law Review 955 (2017)

Algorithmic Jim Crow and Extreme Vetting, 86 Fordham Law Review 633 (2017)

Biometric Cyberintelligence and the Posse Comitatus Act, 66 Emory Law Journal 697 (2017)

The Regulation of Commercial Profiling-A Comparative Analysis, 2 European Data Protection Law Review 535 (2016) (edited by Indra Spiecker and Olivia Tambou, and co-authored with Paul Bernal, Laura Schertel Mendes, Ingo Wolfgang Sarlet, Normann Witzleb, and Florian Yger) 

Big Data Blacklisting, 67 Florida Law Review 1735 (2015)

Small Data Surveillance v. Big Data Cybersurveillance, 42 Pepperdine Law Review 773 (2015) 

Taxonomy of the Snowden Disclosures, 72 Washington and Lee Law Review 1679 (2015)

Biometric ID Cybersurveillance, 88 Indiana Law Journal 1475 (2013)

Reverse-Commandeering, 46 UC Davis Law Review 535 (2013)

Book Chapters

Biometric Surveillance and Big Data Governance in Cambridge Handbook on Surveillance Law (David Gray and Stephen Henderson, eds.), Cambridge University Press (2017)

Metadeath: How Does Metadata Surveillance Inform Lethal Consequences? in Privacy and Power: A Transatlantic Dialogue in the Shadow of the NSA-Affair (Russell Miller, ed.), Cambridge University Press (2017)

- See Prof. Hu's full list of publications at her Scholarly Commons page.