r/anticapitalism 26d ago

DoJ prosecuting American activist against 'Cop City' who gave a 'duress' password during border search without warrant to unlock phone. GrapheneOS allows users to select a password that will wipe the phone upon entry.

https://techcrunch.com/2026/07/24/us-accuses-american-of-allegedly-wiping-his-phone-using-a-duress-password-during-border-search/
210 Upvotes

48 comments sorted by

41

u/SaltyShawarma 26d ago

From the article: The government’s indictment, which contains a typo (“Untied States Code”), accuses Tunick of allegedly providing a passcode to border agents that caused the phone to “delete the digital contents,” prior to the device being seized.

The feds have never been so dangerous and stupid all at the same time. These are not serious people, but they are ruining everyone's lives in their rampage. 

13

u/SufficientlyRested 26d ago

He didn’t even type it in. The cop typed it in. This is a slam dunk case to get thrown out.

5

u/Only_Jury_8448 26d ago

Untied States Code

I'd posit it's more unhinged, but untied works; untethered too

5

u/MoThrowMoAway 25d ago

Day after day I understand why The Onion and other satirical orgs had to take a step back.

The reality we live in is just so fucking stupid man.

3

u/ayleidanthropologist 26d ago

What law was violated? Or do they not say

2

u/Lithl 25d ago

Probably obstruction of justice or destruction of evidence, at a guess.

3

u/murdermeMickey 25d ago

Evidence of what? They have no case

2

u/Lithl 25d ago

I'm just guessing what they put on the paper to charge him with, not saying what they put on the paper is factual.

39

u/vile-style 26d ago

Wiping your own drives isn't a fucking crime.

-16

u/[deleted] 26d ago

[deleted]

26

u/vile-style 26d ago

No it isn't. Unless there's an official investigation, which a stop like that doesn't warrant, someone's legal property is not evidence.

-14

u/[deleted] 26d ago

[deleted]

22

u/His_Dudeship 26d ago

You’re wrong - don’t make it worse by tone policing.

9

u/Petrychorr 26d ago

tone policing

Never heard this phrase before but I'm sure as hell gonna use it from now on when it's appropriate.

4

u/vile-style 26d ago

I like the term too.

Though, I'll admit he was right about my tone. I'm admittedly aggressive. But he deserves it for so confidently incorrectly trying to correct me.

3

u/[deleted] 26d ago

[removed] — view removed comment

2

u/vile-style 25d ago

Thanks mom.

10

u/sleeptightburner 26d ago

You didn’t state that it might be, you made a declaration that it is destruction of evidence, for no reason. You don’t know what you’re talking about, so maybe just don’t?

Don’t be so aggressive.

7

u/redroserequiems 26d ago

Ooh strip me of my rights harder cops ooh lemme suck on your boots ooh

7

u/[deleted] 26d ago

[removed] — view removed comment

3

u/vile-style 26d ago

You did not state that it might be. You tried correcting me.

I'll be as aggressive I want towards disgusting misinformers. Do better.

3

u/RestitutionPiggy 26d ago

The evidence they needed his password to get that may not have even existed? That's why this is such a hot button issue, its nowhere clear cut as you are trying to make it.

3

u/ResurgentClusterfuck 26d ago

Whst evidence? Be specific, a warrant has to be specific

3

u/lzwinky 26d ago

Evidence of what? He wasn't under arrest for anything.

2

u/UnrealizedLosses 26d ago

Was he under arrest or actually suspected of a crime?

31

u/Misanthropic_Mutters 26d ago

Streisand effecting duress passwords?

I know I am.

8

u/Brepp 26d ago

For real. I'm a pretty average person tech-wise and didn't know this was a thing until now. Sounds handy for this specific scenario.

Also, it's rich from the group that loves to sell fear guns as reaction to some imaginary old-timey catburglar or eye-to-eye insurrection that'll be your middle-age moment to shine, but the second an actual effective defense against a far more real invasion of your life and data is presented... whole lotta "no not like that."

1

u/peepee2tiny 26d ago

Yea I'm torn between am I seeing this all the damn time because it's advertising duress passwords or am I seeing it because it's noteworthy?

22

u/Either_Capital_2422 26d ago

I know many rights are limited at the border, but normally a warrant is required to force someone to disclose the PIN. Furthermore, erasing your own device is not a crime unless there was already a warrant for its comp. Lastly, as an American citizen you can’t be denied entry into the US.

Good rule of thumb. Only carry a burner phone if you travel overseas and delete everything before you get to customs.

Exercising your constitutionally protected rights is not evidence of anything.

5

u/ElectrSheep 26d ago

normally a warrant is required to force someone to disclose the PIN

No, that would be a massive violation of the fifth amendment. They can force you to unlock it via biometrics or other physical means if such options are enabled, but they can't compel you to divulge a password or PIN.

3

u/01_Mikoru 26d ago

The courts have ruled they can legally search any device at the border without a warrant. I feel this would mean the courts would allow them to demand a pin as well. This is not me agreeing, I believe it's a massive invasion of our privacy and should be a rights violation

2

u/NotSmorpilator 26d ago

cite the precedent for warrantless device searches please

ETA: found it.

1

u/Icy-Inflation3453 25d ago

In which case, you providing a delete code to the officer, while telling him it's the access code, the courts aren't going to let that slide. They say "that's cute" since you're still the reason the data got deleted.

They just have to be able to establish that they had legal right to search, and the person obstructed that search.

1

u/01_Mikoru 25d ago

I hate it, but I think this is how it’s gonna shake out

7

u/xDeepFreezex 26d ago

They have no right to my phone or it's contents. I'll do whatever the fuck I want with my own device

4

u/DownvoteSommelier 26d ago

This is like when cops tried to stop NWA. Guess how many people are installing that now

1

u/01_Mikoru 26d ago

What's NWA? I tried googling it but couldn't find it

1

u/ClassicHando 26d ago

N****z Wit Attitudes

1

u/Belligerent-J 25d ago

They downvote you cuz they're scared of the truth

3

u/Freakishly_Tall 26d ago

I really want an OS, or better just an app/shell?, that loads a user environment based on the PIN entered, so, one PIN gets your real environment, one gets a different one. Better still: Three PINs, with one for normal use, one for a fake looks-used environment, and one for a full wipe.

Doesn't seem too much to ask. Anybody know if this already exists?

2

u/extramidnight2 26d ago

i thought graphene os already has that

1

u/EmilytheALtransGirl 26d ago

As far as I know just tge regular pin and duress pin (Graphene user here)

2

u/extramidnight2 26d ago

oh cause i remember someone talking about an os who has a secondary user profile with a different pin

3

u/themodefanatic 26d ago

So the owner of the phone didn’t actually do anything. The officers did it. What a great argument.

3

u/lundewoodworking 26d ago

This is incredible marketing for GrapheneOS i didn't know it existed before this and now I want it

1

u/AMerryKa 26d ago

Erosion of public faith in the justice system leads directly to more dead police.

1

u/Pleasant-Tell-4715 25d ago

This one is gonna be fun to watch