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The New York Police Department, for example, argued that the tool was not an “investigative” device because it did not allow officers to read phone contents. They said they only “steal” cellphones from people they arrest. But cases such as the one described above illustrate how this tool can be used to conduct digital surveillance of individuals under investigation by police. As for the New York Police Department, it does not appear to have any policies to govern the use of this tool, even though it has been in use for some time. For example, in October 2019, the New York Times reported that, with this tool, “ the New York Police Department acquired a cellphone-analysis device that is able to pick up data from cellphones and other internet-connected devices”.

Burlington County, New Jersey, used this tool to search for evidence of child pornography. An account from the Burlington County Prosecutors Office of the County’s High-Tech Crimes Unit describes how this operation worked:

8:12 a.m.: If the data is later determined to be non-evidence, the Mid-File Table will be retracted. Any backup locations were sent to the investigator will be provided to the investigator on the Mid-File Table. The investigator will contact the contact and advise them of the location of the backup and will request a recovery.

In light of these limitations, we decided that the best way to study the use of MDFTs by U.S. police departments would be to conduct our own side-by-side trials. In other words, we wanted to see how effective the devices are for police officers, not how effective they are for the police.

The New York Police Department, for example, argued that the tool was not an “investigative” device because it did not allow officers to read phone contents. They said they only “steal” cellphones from people they arrest. But cases such as the one described above illustrate how this tool can be used to conduct digital surveillance of individuals under investigation by police. As for the New York Police Department, it does not appear to have any policies to govern the use of this tool, even though it has been in use for some time. For example, in October 2019, the New York Times reported that, with this tool, “ the New York Police Department acquired a cellphone-analysis device that is able to pick up data from cellphones and other internet-connected devices”.
Burlington County, New Jersey, used this tool to search for evidence of child pornography. An account from the Burlington County Prosecutors Office of the County’s High-Tech Crimes Unit describes how this operation worked:
8:12 a.m.: If the data is later determined to be non-evidence, the Mid-File Table will be retracted. Any backup locations were sent to the investigator will be provided to the investigator on the Mid-File Table. The investigator will contact the contact and advise them of the location of the backup and will request a recovery.
In light of these limitations, we decided that the best way to study the use of MDFTs by U.S. police departments would be to conduct our own side-by-side trials. In other words, we wanted to see how effective the devices are for police officers, not how effective they are for the police.
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