The Department of Justice is prosecuting Sam Tunick, a Cop City protester, for allegedly using a duress passcode on his GrapheneOS phone that wiped its contents when presented to Customs and Border Protection agents.
Tunick faces charges related to the incident, which occurred during a customs encounter. GrapheneOS, a privacy-focused Android fork, supports duress passwords—security features that trigger data erasure or alternative unlocking when activated, designed to protect users from coerced access.
The case raises questions about the legal status of security tools and whether their use constitutes obstruction. Law enforcement and prosecutors have increasingly targeted individuals who employ encryption or anti-forensic measures during investigations.
Tunick's prosecution highlights the tension between device security and law enforcement access. Civil liberties advocates argue duress features are legitimate privacy protections, while authorities contend they obstruct investigations.
The case occurs amid broader DOJ efforts targeting Cop City protesters—a movement opposing a police training facility in Atlanta. Legal experts say the prosecution could set precedent for how courts treat built-in phone security features during criminal proceedings.
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A U.S. citizen is asking a court to dismiss government accusations that he used a 'duress' password to erase his phone during a border search, raising fresh constitutional questions about digital privacy rights.