Biography

Asaf Wiener is a Ph.D. candidate at Tel-Aviv University Faculty of Law and a visiting researcher at the Centre for Socio-Legal Studies, Oxford University (supervisors:  Justice Prof. Daphne Barak-Erez and Prof. Michael Birnhack). His research aims to re-evaluate the accountability of current commercial media agents for public interests, and offers a legal theory for assessing the political and constitutional legitimacy of various regulatory practises. His research adopts a multi-disciplinary approach to combine the fields of Public Law, Communication Studies, Political Theory and Culture Studies.

Asaf holds a B.A in Communication studies and L.L.B (2013, summa cum laude) & L.L.M (2015) from Tel Aviv University; and was admitted to the Israeli Bar Association in 2014. In addition, Asaf served as a law clerk at the Supreme Courts of Israel, and later on as a regulatory research director for the Israeli Ministry of Commutation, regarding several media regulation reforms. During his doctoral studies Asaf has served as a teaching assistant in various public law courses. In the last 3 years, Asaf has served as a teaching assistant at TAU in various public law courses: Constitutional Law (Prof. Aeyal Gross); Administrative Law (Dr. Eyal Peleg); and Advance Constitutional Law (Prof. Yishai Blank).

Currently, Asaf is spending two semesters at the Centre for Social-Legal Studies at Oxford University's Faculty of Law.

Publications

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  • Wiener and Elad Man, 'Legislation Challenges of Media Law and Public Broadcast' (2017) 9 Hukim (legislation)
    forthcoming, in Hebrew
  • Wiener, 'The Adoption of New Property Right in Israeli Constitutional Law And Its Theoretical and Practical Problems' (2016) 47 Hebrew University of Jerusalem Law Journal (Mishpatim) (forthcoming)
    in Hebrew
  • Wiener, 'Virtual Crimes, Actual Threats: Deterring National Security Offenses Committed through Cyberspace ' (2015) 4 Journal of Law & Cyber Warfare 109
    With the pervasive use of online communication media, we witness the increasing abuse of such media by terrorists and their supporters. These groups and individuals take advantage of online communication to promote and execute physical acts of terror. Due to the characteristics of online activity (mostly anonymity and monitoring limitations), such cyber-crimes pose serious policy challenges because it is difficult to isolate and punish the perpetrators through traditional legal measures. This paper explores possible responses to those challenges. It begins with the Israeli judicial experience regarding cyber-terrorism. An Examination of recent Israeli case law indicates that courts impose punishments for crimes committed in the virtual world comparable to more traditional criminal activity in the physical realm. Some courts even go a step further, and have debated whether virtual criminal activity should merit harsher punishments than physical crime in the interest of deterrence, considering that virtual crime is more difficult to detect and prosecute than traditional crime. Expanding upon this debate, this paper examines the instrumental capacity of criminal law, and criminal deterrence-by-punishment policy, in addressing the unique challenges of cyber national security offenses. The following analysis of the general challenges of deterrence by-punishment and cyber-terrorism is not unique to the Israeli legal system. And an examination of these issues suggests that increased punishment severity as a deterrence mechanism is limited in achieving deterrence given the cyber aspects of those crimes and the unique criminological aspects of terror-related activity. This paper, therefore, includes policy guidelines for future legal responses to cyber national security offenses, including recommendations for joint legislative actions and a focused legal response to supporters of those criminal acts.

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Research Interests

Constitutional Law, Free Speech, Media Law & Policy, Political Theory

Research projects