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[POLITICS] · United States · 8 sources

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Atlanta Activist Samuel Tunick Indicted Over Phone Wipe at US Border

Samuel Tunick, an Atlanta resident and member of the activist group Defend the Atlanta Forest, was intercepted on 24 January 2025 at Hartsfield‑Jackson Atlanta International Airport after returning from the Dominican Republic. During a secondary inspection, U.S. Customs and Border Protection agents demanded the passcode to his Google Pixel phone, which runs the privacy‑focused operating system GrapheneOS. Tunick entered a duress password that automatically rebooted the device and erased its data, preventing agents from accessing the phone's contents.

A grand jury later indicted Tunick under 18 U.S.C. § 2232(a) for destroying property to block seizure, a charge that carries up to five years in prison and a fine. He was not read his Miranda rights and was denied multiple requests for legal counsel. The case, filed in the Northern District of Georgia (No. 1:25‑CR‑499), is the first known U.S. prosecution for using a privacy‑enhancing feature to delete data at a border checkpoint. The GrapheneOS Foundation has defended the duress‑password feature as legal and has stated it cannot assist law‑enforcement in recovering the erased data. The indictment raises novel legal questions about the limits of border searches, user privacy tools, and constitutional protections at ports of entry.

Entities

Customs and Border Protection · Defend the Atlanta Forest · GrapheneOS · GrapheneOS Foundation · Hartsfield‑Jackson Atlanta International Airport · Judge Eleanor L. Ross · Northern District of Georgia · Samuel Tunick · U.S. Customs and Border Protection · U.S. Customs and Border Protection (CBP) · U.S. Department of Justice · duress password

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