The Legality of Watering-Hole-Based NITs Under International Law

2 Geo. L. Tech. Rev. 67

December 2017

Watering-hole-based network investigative techniques (NITs) offer a valuable tool in preventing cybercrime by enabling law enforcement to locate criminals who have anonymized their presence on the internet. Because law enforcement cannot know the location of a computer that is searched using these NITs, such use will continue to result in cross-border computer searches.

This note addresses the narrow question of whether law enforcement’s use of these watering-hole-based NITs is permissible under international law.



Unsolicited e-mails and information sent to Morrison & Foerster will not be considered confidential, may be disclosed to others pursuant to our Privacy Policy, may not receive a response, and do not create an attorney-client relationship with Morrison & Foerster. If you are not already a client of Morrison & Foerster, do not include any confidential information in this message. Also, please note that our attorneys do not seek to practice law in any jurisdiction in which they are not properly authorized to do so.