Six Months’ Probation for a Crime Carrying a 4-year Minimum Sentence

That’s the unusual plea deal that Tadrae McKenzie struck earlier this year in a case involving a “stingray” – a controversial device being used by law enforcement around the country to track individuals’ movements and phone calls.

For more information on how these devices operate, click here.

During the course of his trial, McKenzie’s defense attorneys sought information on how exactly the police had tracked his location.  When the judge took the unprecedented step of requiring state prosecutors to demonstrate exactly how a stingray (also called “cell site simulators,” “dirtboxes,” and “IMSI catchers”) worked, they offered McKenzie a deal he couldn’t refuse to avoid disclosing information about the device.

Surveillance, Grown Up: Broader and Deeper than Eavesdropping of Yore

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The revelations of mass global surveillance in recent years by the United States and its global partners have exposed a dramatic shift in how law enforcement and intelligence agencies conduct and justify surveillance activities.  Modern surveillance has gone from passive capture of signals to active interference with devices, systems, networks, and communications; from targeted scrutiny of individuals to surveillance of millions in bulk; from examining basic communications content and metadata to fundamentally intrusive analytical techniques.  All of these changes are occurring over a backdrop of rapid changes in communications technologies and services that have rendered legal distinctions between foreign and domestic communications artificial and unworkable.