American Who Wiped His Phone With 'Duress' Password During Border Search Gets Felony Charges

Samuel Tunick, an activist, has been charged with obstruction after he provided a duress password to his GrapheneOS-powered Pixel smartphone during a border search. This action resulted in the device being wiped clean, according to federal prosecutors. The prosecution of Tunick is one of the first of its kind in the United States, where authorities are charging someone for destroying evidence using a program specifically designed to erase a device's data upon entering a specific code, as reported by The New York Times.

U.S. Attorney Theodore Hertzberg emphasized that obstructing federal law enforcement is a serious offense with significant repercussions, stating that individuals who attempt to destroy property, including data, to prevent lawful search and seizure should face prosecution for their actions.

According to U.S. Customs and Border Protection, the agency has the authority to search the electronic devices of anyone entering or leaving the United States, irrespective of their citizenship. This search is conducted to enforce laws addressing terrorism, child exploitation, drug and human smuggling, visa fraud, and national security threats.

The border search involves examining only the data present on the device at the moment it is presented for inspection. CBP reported that such searches accounted for less than 0.01 percent of all arriving international travelers in the previous fiscal year. Tunick expressed concern about the implications of the charges, stating that the knowledge of the government peering into one's private life, even when unsuccessful, is unsettling.

He emphasized that the government does not own individuals' communications, relationships, and argued the importance of defending the fundamental right to privacy in a democratic society.