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

American Who Wiped His Phone With 'Duress' Password During Border Search Gets Felony Charges
Published on 2026-08-21T21:00:00Z
Federal prosecutors have charged activist Samuel Tunick with obstruction after he gave Customs and Border Protection officers a duress passcode that wiped his GrapheneOS-powered Pixel during a border search. "His prosecution is one of the earliest known instances of the federal authorities charging a person with destroying evidence using a program designed to wipe a device clean after a specific code is entered," reports The New York Times. From the report: "Obstructing federal law enforcement is a serious matter that has serious repercussions," Theodore Hertzberg, the U.S. attorney for the Northern District of Georgia, said in a statement. "Individuals who destroy or attempt to destroy property, including data, to prevent lawful search and seizure should expect to face prosecution and punishment for their actions." A spokeswoman for U.S. Customs and Border Protection said in a statement that the agency had the authority to search the electronic devices of anyone entering or leaving the United States, regardless of citizenship, to enforce laws addressing terrorism, child exploitation, drug- and human-smuggling, visa fraud and national security threats. "The border search will only include an examination of information that is present on the device at the time it is presented for inspection," the spokeswoman said, adding that it searched the electronic devices of fewer than 0.01 percent of all arriving international travelers in the last fiscal year. "Just the knowledge that the government is peering into your private life in this way, trying to dig up dirt on you, even though it's unsuccessful, is creepy," Tunick said, in response to a question about how the charges have affected him. His message: "The government doesn't own our communications, our relationships, as hard as they might try to. We have to defend our fundamental right to privacy; otherwise we can't say that we really live in a democracy."

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