The government’s indictment of an activist tests whether you have the right to erase your phone

An activist in atlanta faces federal charges after giving border agents a Duress passcode Who deleted all data from his phone while being interrogated at the airport in 2025.

Privacy advocates say the indictment raises questions about whether data-wiping features, such as a duress passcode in GrapheneOS installed on Samuel Tunick’s Google Pixel phone in this case, provide a tool to keep your data from search and seizure or whether they could expose you to greater scrutiny or similar charges.

the Indictment From tonic, frank Active in the Stop Cop City movementstems from his arrest while returning to the United States from a trip in January 2025. After being repeatedly pressured to hand over his phone passcode, Tunick was accused of giving the passcode under duress. According to the indictment, “the screen went blank, flashed several times, and the phone appeared to reboot” after entering the code.

Tonic’s legal team confirmed this GrapheneOS installed on it Google Pixel phone – Customized Android based OS that includes passcode data clearing feature.

Tunick’s lawyer said: Movement to suppress evidence (PDF) The arrest, which agents claimed was for alleged child sexual abuse material, was “an expedition to fish out Mr. Tunick’s connections with the Atlanta Forest Defense Movement.”

It highlights the risks activists face when going through airport security — when federal agents have the opportunity to detain, question or search phones or other devices, says Maria Villegas Bravo, an FBI legal counsel. Electronic Privacy Information CenterCNET said.

“More and more political activity is done online through conversations with colleagues and finding like-minded people on social media,” Villegas Bravo said in an email. “Phones contain incredibly sensitive information, from contact information to message organization to location history.”

Representatives of the Justice Department and Tonic’s legal team did not immediately respond to requests for comment.

What this status means for your privacy

This case could determine how much digital data security — and what constitutional rights — you legally have at U.S. borders.

“I hope people understand that the charges against me are intended to scare people into protecting their data and privacy, and the government hopes to set a precedent that no one has a right to privacy,” Tunick said. 404 media during the interview.

Bill Buddington, chief technology officer at Electronic Frontier FoundationHe said TechCrunch He’s never seen a court case centered around a forced passcode feature before.

The indictment depends on A Federal law This makes it illegal to destroy property that could be used as evidence in a criminal trial. This case tests whether data on a mobile phone would be subject to those same rules.

“We do not recommend wiping devices this way when they are subject to legal scrutiny,” Buddington told CNET via email. “A judge is unlikely to view this action as binding, regardless of intent.”

Tonic Lawyer Argue (PDF) He was not given a reason for his arrest, was not read his rights and was not allowed to contact a lawyer upon request.

Villegas-Bravo called the interrogation behavior described in court documents troubling, but not surprising, saying it was “consistent with (CBP’s) escalation of intimidation tactics.”

“Despite the fact that searches of cell phone contents are among the most intrusive searches that can be conducted in the modern era, courts have taken notice of border enforcement and reduced the requirements for phone searches,” Villegas Bravo wrote. “Depending on the jurisdiction, border searches can be conducted with mere administrative subpoenas or without any warrant at all.”

How to keep your data private while traveling

While a forced passcode provides security for data on a device, the Tunick case shows that it is not without risk. The experts I spoke to shared other tips for keeping your data safe — while staying out of court.

Both Bravo and Budington told CNET that reducing the amount of data on your phone is the best way to avoid any issues at the border.

According to Boddington, wiping your device and removing all sensitive connections is the only way to ensure data doesn’t fall into the wrong hands. He also acknowledged that this advice is impractical for some people, and that a travel phone is an easier way to achieve the same results.

“It may be wise to use a travel device separate from your personal mobile phone. This will allow you to keep a history of your communications on the device you are not traveling with safely at home,” Buddington wrote. “Travelers should take precautions not to transmit information on the new device that they do not want others to see, including border security.”

Crossing the border with your main cell phone carries inherent data security risks, especially when the government tries to argue that your Fifth Amendment right not to incriminate yourself only applies after you’ve cleared your entry onto US soil. Although it is your legal right not to share access to your mobile phone with border authorities, they can still confiscate your device before allowing you to enter the country. Villegas-Bravo warned that DHS has plenty of tools to access the data inside your phone, even without your passcode.

“Technologies like Cellebrite and Graykey can bypass passwords and encryption in all but the latest software updates released by devices,” Villegas Bravo wrote. “If law enforcement actually seized your phone, the entire contents of your device would be up for grabs, and there are few systems available that provide adequate protection against these world-class forensic extraction devices.”

Villegas Bravo said this is likely why Tunick felt the need to use the coercion passcode, but he warned against anyone else doing the same thing. Destruction of data increases the likelihood of litigation, which is an expensive and stressful experience, even if you are constitutionally protected, and the lawsuit is ultimately dismissed.

Some things you can do instead: “Leave your phone in airplane mode, always update your operating system software, and use alphanumeric passcodes instead of biometric recognition like fingerprint and Face ID,” Villegas Bravo wrote.

EFF He has proof On how to reduce your data exposure at the US border, detailing your rights and sharing ways to protect your digital privacy.

Also keep in mind that the Fifth Amendment protects you from self-incrimination: Border agents cannot force you to decrypt data, reveal passcodes, or answer questions.

“Law enforcement can force individuals to ‘consent’ to having their devices searched,” Villegas Bravo wrote. “It is essential to not comply in advance when it is within your ability to do so.”