It ups it entirely another level in that it also was received by defense counsel. That really isn't going to look good for them.From the article: "In the judicial part of this equation, tracking devices give the user an unfair advantage in court proceedings. If you know who your opposing counsel is contacting, you can divine how they are building their case and find ways to counter it."

They can also do discovery to find out the intent behind the pixel -- if they find anything about tracking to find the source of the journalist or learn about the defense, they risk having the entire case thrown out.

This could get really, really interesting. If I was the defense lawyer I would push this as far as I possibly could.