GrapheneOS defends its legality as Samuel Tunick faces charges for using a duress code during a border search, arguing for privacy rights.
GrapheneOS Asserts Legal Protections
GrapheneOS, a privacy-centric software developer, has publicly defended the legality of its smartphone operating system, claiming it is fully compliant with constitutional protections. The statement comes in light of the first U.S. prosecution linked to one of its features, following the case of Samuel Tunick, an activist facing charges for using a duress code that wiped his phone during a border search without a warrant.
On July 27, GrapheneOS emphasized on Twitter that it has no obligation to compromise the security features of its software. They stated, "Creating and using GrapheneOS is strongly protected by the US constitution," asserting that any law requiring the weakening of security measures would be unconstitutional.
GrapheneOS is completely legal. We have no obligation to weaken any of the security protections it provides. Creating and using GrapheneOS is strongly protected by the US constitution. Laws attempting to make it illegal or require weakening the security would be unconstitutional.
— GrapheneOS (@GrapheneOS) July 27, 2026
Details of the Case
Tunick's legal troubles stem from an incident in January 2025, where he reportedly entered a duress code during a border inspection, leading to a complete wipe of his Google Pixel device. He has pleaded not guilty to the charges under 18 U.S.C. § 2232, which could result in a five-year federal prison sentence. A decision on his motion to suppress evidence is expected by the end of October.
Tunick claims the prosecution is an attempt to intimidate those who wish to protect their personal data, suggesting that the government aims to set a precedent that could erode privacy rights. He reported experiencing extensive surveillance prior to his indictment, including having a tracking device placed on his vehicle and receiving subpoenas for his digital communications.
Legal Representation and Government Response
According to Matthew Dodge, Tunick's public defender, the Department of Homeland Security had preemptively instructed airport authorities to stop Tunick and search his phone. Dodge noted that, despite the absence of a warrant, agents conducted a search and found nothing. He highlighted that only one other case has previously utilized the same statute, which was related to drug trafficking, labeling Tunick's situation as "extraordinarily rare."
Customs and Border Protection (CBP) affirmed that all travelers are subject to inspection, although electronic device searches are infrequent and based on specific criteria. The U.S. Attorney's Office has not commented on the ongoing case.
GrapheneOS's Features in Context
GrapheneOS launched its duress PIN feature in June 2024 to address situations like Tunick's. Daniel Micay, the founder, explained that the secure element in Google Pixel devices activates only after owner authentication, serving as a protection against potential coercive actions by the state. This feature is part of GrapheneOS's broader commitment to safeguarding user privacy and data security amidst growing legal scrutiny.
