US citizen charged after GrapheneOS phone wipes during airport search

Summary

A hot potato: A federal case in Atlanta is raising questions about a privacy-focused mobile operating system, with prosecutors arguing that its features were used to erase evidence. The US Department of Justice is attempting to prosecute Atlanta resident Sam Tunick under a federal statute that makes it a crime to destroy property in an effort to prevent it from being seized. The case centers on Tunick's use of GrapheneOS, an open-source operating system that works on Google Pixel phones and lets users enter a passcode to wipe a device clean. Experts said the legal approach is unusual and may be the first time the law has been aimed at an operating system. "It's concerning – and sends the message that [GrapheneOS] is criminal by default," said Christophe Boutry, a cybersecurity and surveillance expert. Boutry and Bill Buddington, senior staff technologist at the Electronic Frontier Foundation, both said they had not seen a similar case. The incident began at Hartsfield-Jackson Atlanta International Airport on January 24 of last year. Tunick had just returned from a trip to the Dominican Republic when he was stopped for questioning. According to court testimony, federal agents had already circulated his name and photo internally, saying he was under investigation for "suspected terrorism activities" because of his alleged association with the movement against Cop City. Tunick was taken to a secondary screening room, where multiple agents questioned him. A motion filed by his defense argues the interrogation focused on child sexual abuse material as a pretext for investigating his connections to the protest movement. The motion also states that Tunick asked four times to speak with a lawyer and was denied each time. According to the same filing, agents did not present a warrant or read him his rights. Government attorneys and agents pushed back during Monday's hearing. They described the encounter as a routine airport inspection. Larry Findley, a Customs and Border Pro...