- Email:
- lubina@iu.edu
- Phone:
- (812) 855-6403
- Location:
- Baier Hall 322
Education
- Hebrew University of Jerusalem LLB/BA magna cum laude 2014
- Yale Law School LLM 2015
- Yale Law School JSD 2020
Biography
Dr. Asaf Lubin is an Associate Professor of Law at Indiana University Maurer School of Law and a Fellow at IU’s Center for Applied Cybersecurity Research (CACR). He is additionally an affiliated fellow at Yale Law School’s Information Society Project, a Faculty Associate at the Berkman Klein Center for Internet and Society at Harvard University, and a visiting Scholar at the Hebrew University of Jerusalem Federmann Cyber Security Research Center.
Dr. Lubin’s research centers around the intersection of law and technology, particularly as it relates to the regulation of cybersecurity harms, liabilities, and insurance as well as policy design around governmental and corporate surveillance, data protection, and internet governance. His work draws on his experiences as a former intelligence analyst, Sergeant Major (Res.), with the IDF Intelligence Branch as well as his vast practical training and expertise in national security law and foreign policy. Dr. Lubin’s work additionally reflects his time spent serving as a Robert L. Bernstein International Human Rights Fellow with Privacy International, a London-based non-for-profit devoted to advancing the right to privacy in the digital age and curtailing unfettered forms of governmental and corporate surveillance.
Prior to joining the Maurer School of Law in 2020, Dr. Lubin held numerous academic and governmental positions, including as an affiliate at the Berkman Klein Center for Internet and Society at Harvard University, as a cybersecurity policy postdoctoral fellow at the Fletcher School of Law and Diplomacy at Tufts University, as an expert contributor to the United Nations Office of Drugs and Crime (UNODC) Group for the Education for Justice (E4J) Module Series on Cybercrime, as an articled clerk for the International Law Division of the Israeli Ministry of Foreign Affairs Office of the Legal Advisor, and as an assistant to the Turkel Public Commission of Inquiry into the Maritime Incident of May 31, 2010 established under the Israeli Prime Minister’s Office.
Dr. Lubin holds a dual degree in law and international relations (LLB/BA, magna cum laude, ’14) from Hebrew University of Jerusalem, and a Master of Laws (LLM, ’15) and a Doctor of the Science of Law (JSD, ’20) degrees from Yale Law School. He additionally attended The Hague Academy of International Law and interned for the United Nations International Criminal Tribunal for the Former Yugoslavia. Dr. Lubin has previously written on and taught seminars in public and private international law, cybersecurity and cyber risk management, torts law, international human rights and humanitarian law, and criminal procedure and counterterrorism. He has published with the Harvard International Law Journal, the Harvard National Security Journal, the Yale Journal of International Law, and the Chicago Journal of International Law, and written for Just Security and Lawfare.
In The Media
- Mentioned in "Rational Security 2.0: The ‘Textual Healing’ Edition," Lawfare Blog ( 04-20-2022 )
- Mentioned in "Apple v. NSO Group: How will it affect security researchers?," Tech Target ( 12-20-2021 )
- Appeared on "Orin Kerr and Asaf Lubin on Apple v. NSO Group," The Lawfare Podcast ( 12-03-2021 )
- Named in "Governance and Technology Center names 2021-22 faculty fellows," Nebraska Today ( 08-10-2021 )
- Wrote an article titled "Can the world stop Israel and Hamas from committing war crimes? 7 questions answered about international law," The Conversation ( 05-18-2021 )
- Quoted in "Placing blame: Liability questions loom over autonomous vehicles," Government Technology ( 05-07-2021 )
- Quoted in "Social media bans do not violate First Amendment rights," Fox 59 ( 01-12-2021 )
- Wrote a blog post titled "SolarWinds as a constitutive moment: A new agenda for the international law of intelligence," Just Security ( 12-23-2020 )
Selected Works
Conferences & Symposia
- Panel on Cybersecurity Legal Pedagogy at Cybersecurity Law & Policy Scholars Conference on October 15, 2020. Conference hosted by University of Nebraska College of Law Governance & Technology Center.
Publications
- The Rights to Privacy and Data Protection in Times of Armed Conflict (Asaf Lubin and Russell Buchan eds., NATO Cooperative Cyber Defence Centre of Excellence, forthcoming 2022)
- Asaf Lubin, The International Law of Intelligence: The World of Spycraft and the Law of Nations (manuscript in development, under contract, Oxford University Press, forthcoming 2023)
- Asaf Lubin, Teaching Cybersecurity Law and Policy (manuscript in development, under contract, Edward Elgar, forthcoming 2023)
- Asaf Lubin, Insuring Evolving Technology, 28 CONN. INS. L.J. (forthcoming 2022).
- Asaf Lubin, The Reasonable Intelligence Agency, 47 YALE J. INT'L L. (forthcoming 2022).
- Asaf Lubin, Public Policy and the Insurability of Cyber Risk, 6 J.L. & TECH. TEX. (forthcoming 2022).
- Asaf Lubin, The Rights to Privacy and Data Protection Under International Humanitarian Law and Human Rights Law, in RESEARCH HANDBOOK ON HUMAN RIGHTS AND HUMANITARIAN LAW: FURTHER REFLECTIONS AND PERSPECTIVES (Robert Kolb, Gloria Gaggioli and Pavle Kilibarda eds., Edward Elgar, forthcoming, 2021).
- Asaf Lubin, The Liberty to Spy, 61(1) HARV. INT'L L.J. 185 (2020).
- Susan Landau and Asaf Lubin, Examining the Anomalies, Explaining the Value: Should the USA FREEDOM Act’s Metadata Program be Extended?, 11 HARV. NAT’L. SEC. J. 308 (2020).
- Hendrick Townley and Asaf Lubin, The International Law of Rabble-Rousing, 45 YALE J. INT'L L. ONLINE 1 (2020).
- Asaf Lubin, Politics, Power Dynamics, and the Limits of Existing Self-Regulation and Oversight in ICC Preliminary Examinations, in 2 QUALITY CONTROL IN PRELIMINARY EXAMINATION: REVIEWING IMPACT, POLICIES AND PRACTICES 77 (Morten Bergsmo and Carsten Stahn eds., 2018).
- Asaf Lubin, 'We Only Spy on Foreigners': The Myth of a Universal Right to Privacy and the Practice of Foreign Mass Surveillance, 18(2) CHI. J. INT’L L. 502 (2018). Winner of the 2018 Yale Law School Raphael Lemkin Prize for Best Paper in the field of Human Rights Law.
- Asaf Lubin, The Dragon-Kings Restraint: Proposing a Compromise for the EEZ Surveillance Conundrum, 57(1) WASHBURN L.J. 17 (2018).
Areas of Expertise
- Cybersecurity law
- Human rights law
- Insurance law
- International law
- National security law
- Privacy law
- Torts