Cybersecurity Postdoctoral Policy Fellow, Fletcher School of Law and Diplomacy at Tufts University
Asaf Lubin is a Cybersecurity Postdoctoral Policy Fellow at the Fletcher School of Law and Diplomacy at Tufts University, a Lecturer at Yale University, and an Affiliate at the Berkman Klein Center for Internet and Society at Harvard University. He is further a Visiting Fellow at the Information Society Project at Yale Law School, a Visiting Scholar at the Hebrew University of Jerusalem Federmann Cyber Security Research Center, and a member of the United Nations Office of Drugs and Crime Expert Group for the Education for Justice (E4J) Module Series on Cybercrime.
His research centers around the intersection of law and technology, particularly as it relates to cybersecurity and cyber risk management, internet governance, and surveillance, privacy and data protection regulation. 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 public international law, national security law and foreign policy. Asaf’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. His dissertation “The Law on Espionage: From Unilateral Agencies to Multilateral Mechanisms Governing the International Law of Intelligence” proposes a new legal framework for articulating the normative relationships between spy and spied in peacetime interstate operations.
Asaf’s current research focuses on the regulation of the cyber insurance market, in particular the fast expanding role that private insurers play in developing and enforcing data protection and cybersecurity standards for both the private and public sectors. His research examines existing torts and insurance doctrines application in the cyber liability context. The work will benefit from analysis of primary sources including in-depth study of insurance policies and interviews with insurance industry representatives, municipal and state attorneys, and consultancy and compliance firms. The research will offer a review of the insurability of various forms of cyber risk and the growing impact that insurers have had on the evolution of public cyber policies.
Prior to his postdoctoral research, Asaf completed a dual degree in Law and International Relations (LL.B./B.A, magna cum laude) at Hebrew University of Jerusalem in Israel, and a Master of Laws (LL.M.) and Doctor of the Science of Law (J.S.D., expected 2019) degrees at 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. Asaf also worked for the Turkel Public Commission of Inquiry into the Maritime Incident of May 31st 2010, and served as an articled clerk for the International Law Division of the Israeli Ministry of Foreign Affairs Office of the Legal Advisor. Asaf has previously taught seminars in public and private international law, torts and insurance law, international human rights and humanitarian law, and criminal procedure and counterterrorism. He has published with the Harvard International Law Journal, the Yale Journal of International Law, the Chicago Journal of International Law, and the Journal of National Security Law and Policy, and has written for Just Security and Lawfare.
- Examining the Anomalies, Explaining the Value: Should the USA Freedom Act’s Metadata Program be Extended? (with Prof. Susan Landau) (This research was supported in part by funding from the William and Flora Hewlett Foundation under grant 2018-7277).
- The Rights to Privacy and Data Protection under IHL and HRL, in Research Handbook on Human Rights and Humanitarian Law (Robert Kolb, Gloria Gaggioli, and Pavle Kilibarda eds., 2nd ed., forthcoming, 2020).
- Cyber Insurers and Cyber Constables: Strange Bedfellows, 10(1) Journal of National Security Law and Policy (forthcoming, 2019).
- The Liberty to Spy, 61(1) Harvard International Law Journal (forthcoming, 2019).
- Hacking in the Fight Against Terrorism: Israeli, Comparative, and International Perspectives, 13 Hukim Law Review (forthcoming, 2019) (in Hebrew).
- ‘We Only Spy on Foreigners’: The Myth of a Universal Right to Privacy and the Practice of Foreign Mass Surveillance, 18(2) Chicago Journal of International Law 502 (2018). Winner of the 2018 Yale Law School Raphael Lemkin Prize for Best Paper in the field of International Human Rights Law.
- Politics, Power Dynamics, and the Limits of Existing Self-Regulation and Oversight in ICC Preliminary Examinations, in 2 Quality Control in Preliminary Examinations: Reviewing Impact, Policies, and Practices 77 (Morten Bergsmo and Carsten Stahn ed., 2018).
- The Dragon-Kings Restraint: Proposing a Compromise for the EEZ Surveillance Conundrum, 57 Washburn Law Journal 17 (2018).
- Cyber Law and Espionage Law as Communicating Vessels, Proceedings of the 10th International Conference on Cyber Conflict, CyCon X: Maximising Effects, NATO Cooperative Cyber Defence Centre of Excellence (CCDCOE) 203 (2018).
- A Principled Defence of the International Human Right to Privacy: A Response to Frédéric Sourgens, 42(2) Yale Journal of International Law Online 1 (2017).
- Espionage as a Sovereign Right Under International Law and its Limits, 24(3) ILSA Quarterly 22 (2016).
- Alice Through the Looking Glass: Operational Debriefings, Temporal Delimitations, and Commissions of Inquiry, The Emil Zola Chair for Human Rights, Judicial Decisions Highlight No. 37 (2014) (in Hebrew).
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