GrapheneOS User Charged with Obstruction Defends Privacy Rights

Samuel Tunick, a GrapheneOS user charged with obstruction for using the operating system's duress password feature, stated he hopes his defense emphasizes that the government does not own personal data. Tunick, a 30-year-old musician and geography graduate student, was stopped by Customs and Border Protection at Hartsfield-Jackson Atlanta International Airport in January 2025 while returning from the Dominican Republic. He provided a passcode that activated a feature wiping his phone, leading to obstruction charges. Court proceedings revealed he was on a watch list, which he found surprising, especially in light of other domestic terrorism charges against protesters in Georgia. Tunick criticized the NSPM-7 presidential memorandum that expanded the definition of domestic terrorism, claiming it undermines First Amendment rights. He installed GrapheneOS to protect against surveillance, describing government efforts to gather information as 'creepy.' The obstruction charge carries a potential five-year sentence, and he has surrendered his passport, requiring judicial approval for travel. US Attorney Theodore Hertzberg warned that destroying data to evade lawful searches will lead to prosecution. CBP stated it may search devices of travelers, examining less than 0.01% of devices last fiscal year. Tunick has pleaded not guilty, and a ruling on his motion to suppress evidence is expected by the end of October.

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