GrapheneOS Defends Legality Amid Duress Password Case

GrapheneOS stated its smartphone operating system is "completely legal" and constitutionally protected as a U.S. prosecution involving its features progresses. The company emphasized it has no obligation to compromise security protections, asserting that laws requiring such actions would be unconstitutional. This statement followed inquiries about its cooperation with Homeland Security. GrapheneOS clarified that once key material is erased, it cannot assist, and bypassing encryption is intentionally designed to be impossible. Samuel Tunick, an Atlanta activist, faces charges under 18 U.S.C. § 2232 for allegedly entering a duress code that wiped his Google Pixel during a warrantless border search in January 2025. He has pleaded not guilty and could face up to five years in federal prison. A ruling on his motion to suppress evidence is expected by the end of October. Tunick claims the case aims to deter others from protecting their data, suggesting the government seeks to establish a precedent against privacy rights. His public defender noted that DHS officers had pre-arranged to stop Tunick at the airport for a phone search, which yielded no findings despite objections. A CBP spokesperson stated that all travelers are subject to inspection, with electronic device searches being rare and case-specific. GrapheneOS introduced the duress PIN feature in June 2024 to address scenarios like Tunick's, highlighting its defenses against data extraction.

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