Cybersecurity & Tech Foreign Relations & International Law

Lawfare Daily: The European Court of Human Rights Takes on Digital Rights in War, with Asaf Lubin and Deb Housen-Couriel

Scott R. Anderson, Asaf Lubin, Deborah Housen-Couriel, Jen Patja
Friday, August 22, 2025, 7:00 AM
Discussing the recent decision in Ukraine and the Netherlands v. Russia.
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For today's episode, Lawfare Senior Editor and General Counsel Scott R. Anderson sits down with Lawfare Contributing Editor and Indiana University Maurer School of Law professor Asaf Lubin and Hebrew University of Jerusalem professor Deborah Housen-Couriel to talk over the European Court of Human Rights' recent decision in Ukraine and the Netherlands v. Russia.

Together, they discuss how the opinion lays new ground in discussing digital rights in wartime, what issues still need to be developed further, and what it all might mean for warfare in the future, both good and bad.

For more, read Asaf and Deb’s latest piece on Lawfare, “Digital Rights in Armed Conflict and the Ukraine v. Russia Decision.”

To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.

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Scott R. Anderson

Scott R. Anderson

S_R_Anders
sranderson.bsky.social
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Scott R. Anderson is a fellow in Governance Studies at the Brookings Institution and a Senior Fellow in the National Security Law Program at Columbia Law School. He previously served as an Attorney-Adviser in the Office of the Legal Adviser at the U.S. Department of State and as the legal advisor for the U.S. Embassy in Baghdad, Iraq.
Asaf Lubin

Asaf Lubin

@AsafLubin
asaflubin.bsky.social‬
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Asaf Lubin is an Associate Professor of Law of law at Indiana University Maurer School of Law and a contributing editor at Lawfare . He is additionally an affiliated fellow at the Information Society Project at Yale Law School and a faculty associate at the Berkman Klein Center for Internet and Society at Harvard University. He is the author of “The International Law of Intelligence: The World of Spycraft and the Law of Nations” (Oxford University Press, 2026).
Deborah Housen-Couriel

Deborah Housen-Couriel

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Deborah Housen-Couriel teaches cybersecurity, data privacy, and outer space law at the Law Faculty of the Hebrew University of Jerusalem and the Data, Government and Democracy program at Reichman University. She serves on the Advisory Board of the Federmann Cyber Security Research Center at the Hebrew University, and as an affiliate at the Ostrom Workshop’s Program on Cybersecurity and Internet Governance. She is the founder and principal of Housen-Couriel Law Offices, and the former CLO and VP Regulation for Konfidas Digital Ltd.
Jen Patja

Jen Patja

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Jen Patja is the editor of the Lawfare Podcast and Rational Security, and serves as Lawfare’s Director of Audience Engagement. Previously, she was Co-Executive Director of Virginia Civics and Deputy Director of the Center for the Constitution at James Madison's Montpelier, where she worked to deepen public understanding of constitutional democracy and inspire meaningful civic participation.
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