Activist Faces Federal Charges After Using Duress Password on Phone

Activist Charged for Using Duress Password During Border Inspection

Samuel Tunick, an activist from Atlanta, is facing federal charges for allegedly using a "duress password" on his phone during a warrantless border inspection at Hartsfield-Jackson airport in January 2025. This marks the first known case in the U.S. involving a criminal prosecution related to this feature.

The charges stem from an incident on January 24, 2025, when Tunick reportedly activated the duress password while being inspected by Customs and Border Protection (CBP) agents upon returning from the Dominican Republic. The duress password is designed to protect users by triggering an immediate and irreversible wipe of a device's data, effectively resetting it to factory settings.

This security feature is part of GrapheneOS, a privacy-focused Android operating system for Google Pixel devices, which has gained popularity among journalists and activists. Edward Snowden, a prominent whistleblower, has publicly endorsed GrapheneOS, stating he uses it daily.

The duress password was introduced in June 2024 to assist individuals who may be coerced into unlocking their devices. Tunick's legal team claims that he was not allowed to contact a lawyer during the inspection and was not informed of his rights, which raises questions about the legality of the CBP's actions under the Fourth Amendment's border search exception.

According to court documents, when Tunick entered the duress code, his phone reportedly displayed a blank screen and appeared to restart. The government alleges that he provided a passcode that led to the deletion of his phone's contents before it was seized. Tunick has pleaded not guilty, and a federal judge is expected to rule on a motion to suppress evidence by the end of October.