Asaf Lubin

Asaf Lubin


Asaf Lubin is an Affiliate at the Berkman Klein Center for Internet and Society at Harvard University, a Visiting Fellow at the Information Society Project at Yale Law School, and a Visiting Scholar at the Hebrew University of Jerusalem Federmann Cyber Security Research Center. He is further 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 the regulation of cybersecurity harms and liabilities, privacy, 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. 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 doctoral 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. Relying on traditional insurance and torts jurisprudence, Asaf makes the case for the indemnification of four controversial categories of cyber harm: (1) acts of cyber terrorism or state-sponsored cyber operations; (2) extortion payments for ransomware attacks; (3) administrative fines for violations of statutory data protection regulations; and (4) disruption to supply, service, or distribution chains. Asaf’s research highlights systemic challenges to cyber insurance underwriting while proposing limited legal interventions necessary to enhance public policy around the enforcement of cyber norms and the prevention of moral hazards. 

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, cybersecurity and cyber risk mangement, 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, and the Chicago Journal of International Law, and written for Just Security and Lawfare.

Asaf's Research:

The Insurability of Cyber Risks:  Scope, Limits and Prospective Regulation

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