Key facts
- Samuel Tunick faces obstruction charges for using GrapheneOS's duress passcode, which wiped his phone.
- Tunick was returning from the Dominican Republic when Customs and Border Protection officers searched his device.
- Authorities had quietly flagged Tunick as a suspected terrorist.
- Tunick hopes his defense will establish that the government does not own individuals' data and communications.
- The charge carries a maximum penalty of five years imprisonment.
Samuel Tunick, a user of the privacy-focused GrapheneOS operating system, faces up to five years in prison on obstruction charges after using a duress passcode that wiped his Google Pixel during a border search. Tunick hopes his defense will establish a principle that the government does not own individuals' data or communications.
Tunick, a 30-year-old musician and graduate student, was returning from the Dominican Republic in January 2025 when Customs and Border Protection officers at Hartsfield-Jackson Atlanta International Airport requested access to his phone. He provided a passcode that activated GrapheneOS's duress feature, erasing the device's contents. This action led to the obstruction charge.
During court proceedings, Tunick learned that federal authorities had designated him as a suspected terrorist. He expressed surprise and concern, noting the context of other prosecutions in Georgia under a recent presidential memorandum that broadened the definition of domestic terrorism. Tunick stated he installed GrapheneOS out of a principle of privacy, finding the government's surveillance efforts "creepy."
US Attorney Theodore Hertzberg issued a statement indicating that individuals who destroy data to prevent lawful searches should anticipate prosecution. Customs and Border Protection affirmed its authority to search devices of individuals crossing the border, regardless of citizenship, while noting that fewer than 0.01% of arriving travelers' devices were examined in the previous fiscal year. Tunick has pleaded not guilty, and a ruling on his motion to suppress evidence is anticipated by the end of October. GrapheneOS has maintained that its software is legal and constitutionally protected.