The airport search and the wiped phone
According to court documents, Tunick was stopped by border agents at an airport for a search that did not involve a warrant. During the search, he entered a duress password on his GrapheneOS device. GrapheneOS is a privacy-focused mobile operating system that includes a feature allowing users to enter a special passcode that wipes the device and logs the user out of certain accounts.
After Tunick gave agents his passcode, the phone was wiped. The government says that action destroyed property — specifically, the data on the phone that agents were trying to access.
The duress password feature
Duress passwords are designed to protect sensitive information when a user is compelled to unlock a device under threat or legal pressure. In this case, Tunick's use of the feature came during a search that his lawyers say lacked proper legal authority. The incident raises questions about whether using a security feature built into a phone can be treated as a crime.
Federal charges and the digital rights argument
Federal prosecutors have charged Tunick with destruction of property. The charge typically applies to physical damage, but here it targets the deletion of digital data. Tunick's lawyers contend that the case is fundamentally about digital rights — specifically, the right to protect personal data from warrantless searches. They argue that using a duress password is not destruction but an exercise of privacy protections.
The case is being watched by digital rights advocates who see it as a test of how far the government can go in demanding access to encrypted devices. No trial date has been set yet.
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