US accuses American of allegedly wiping his phone using a ‘duress’ password during border search
Federal prosecutors are charging an American man for using a 'duress' password on his phone to wipe data during a border search. The case, involving a device running GrapheneOS, raises significant legal questions regarding privacy rights and the scope of authority at U.S. borders.
Why it matters
This case sets a legal precedent for how authorities handle encrypted devices and the limits of constitutional protections during border crossings.
The U.S. Justice Department is prosecuting an American for allegedly providing U.S. border authorities with a passcode that wiped the contents of his phone, according to an indictment and media reports.
This is thought to be the first known case in the United States where federal prosecutors have charged someone for the alleged destruction of data using a so-called “duress” password built into a phone’s software.
According to The Guardian , which covered the story earlier this week following the court’s first hearing on Monday, Atlanta resident Samuel Tunick is fighting the charges. Tunick’s attorneys said that it was unlawful for U.S. Customs and Border Protection to seize his phone as he arrived back in the U.S. last year, and that any evidence — including the alleged wiping of his phone — should be thrown out.
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