Program faculty and research

Fred H. Cate is vice president for research at Indiana University, IU Distinguished Professor, and C. Ben Dutton Professor of Law, and a senior fellow at the Center for Applied Cybersecurity Research. He specializes in information privacy and security law issues. He has testified before numerous congressional committees and speaks frequently before professional, industry, and government groups.

The author of more than 150 articles and books, he served as the privacy editor for the Institute of Electrical and Electronic Engineers' Security & Privacy and is one of the founding editors of the Oxford University Press journal, International Data Privacy Law. He is the co-author of a forthcoming book from Oxford University Press, Bulk Collection: Systematic Government Access to Private-Sector Data.

Prof. Jessica M. Eaglin is an expert in criminal law, evidence, and federal sentencing law. In "Technologically Distorted Concepts of Punishment," 97 Wash. U. L. Rev. 483 (2019), she writes that much recent work in academic literature and policy discussions suggests that the proliferation of actuarial—meaning statistical—assessments of a defendant’s recidivism risk in state sentencing structures is problematic. This article shifts the focus from technology to society, asserting that sentencing technologies subtly change key social concepts that shape punishment and society.  As sentencing technologies transform sentencing outcomes, the tools also alter society’s language and concerns about punishment. Thus, actuarial risk tools as technological sentencing reform not only excise society’s deeper issues of race, class, and power from debates. The tools also strip society of a language to resist the status quo by changing notions of justice.

William D. Henderson
Stephen F. Burns Professor of Law

Prof. Henderson's expertise focuses on the empirical analysis of the legal profession. He is widely cited in both prestigious legal journals and the general media as an expert on trends in the profession, and is recognized as an innovator in legal education initiatives. Most recently, he co-founded the Institute for the Future of Law Practice (IFLP, “i-flip”), a nonprofit that designs and delivers curricula and training for T-shaped legal professions (i.e., law combined with data, process, technology, design principles, and business).

Dr. Asaf Lubin is an associate professor at the Indiana University Maurer School of Law and a fellow at IU’s Center for Applied Cybersecurity Research. Dr. Lubin’s research centers on the intersection of law and technology, particularly as it relates to the regulation of cybersecurity and privacy harms as well as policy design around governmental and corporate surveillance, data protection, and internet governance. His two most recent publications, "Insuring Evolving Technology” (28 Connecticut Insurance Law Journal, forthcoming 2021) and “Public Policy and the Insurability of Cyber Risk” (6 Journal of Law and Technology at Texas) both explore the relationship between insurance regulation and risky technologies, with a particular focus on the cyber insurance markets.

Dr. Lubin is currently leading a pioneering study on the interplay between different legal regimes regulating privacy and data protection in armed conflict situations. In the light of the technological advances in the fields of electronic surveillance, social engineering, predictive algorithms, big data analytics, artificial intelligence, automated processing, biometric analysis, and targeted hacking, a need for an inquiry into the interplay between different legal regimes in regulating privacy and data protection in wartime has emerged. The book-length compilation of papers will feature contributions from internationally renowned scholars and experienced practitioners and from emerging voices. The book is co-edited by Dr. Lubin and Dr. Russell Buchan (University of Sheffield) and will be published in 2022 by NATO Cooperative Cyber Defence Centre of Excellence in cooperation with IU’s Ostrom Workshop. 

João Marinotti is an associate professor of law at the Indiana University Maurer School of Law, an affiliated fellow at the Yale Law School Information Society Project, and an affiliate at the Maurer School of Law Center for IP Research. His research lies at the intersection of emerging technologies and private law theory, including property, contract, and tort law. He focuses on the evolution and application of private law in the face of changing social, linguistic, and cognitive conceptualizations of technologies. Marinotti's current work addresses shared social customs and intuitions surrounding digital assets, prosthetics, and artificial intelligence. 

Joseph A. Tomain is a lecturer and senior fellow at IU’s Center for Applied Cybersecurity Research. He has extensive experience in practice, teaching, and scholarship on free speech rights, particularly in online environments. His research includes examining the relationship, and often competing interests, between speech and privacy rights, as well as the cybersecurity implications that must be considered when analyzing online privacy.