US prosecutors charge Atlanta man after GrapheneOS phone wipes itself during airport search - TechSpot

What the report says

TechSpot reports that federal prosecutors in Atlanta are pursuing a case against Sam Tunick, an Atlanta resident, after his Google Pixel running GrapheneOS wiped during an airport search. The case stems from a January 24 incident last year at Hartsfield-Jackson Atlanta International Airport, where Tunick was stopped after returning from the Dominican Republic. Prosecutors are relying on a federal law that criminalizes destroying property to prevent seizure, arguing the phone wipe amounted to destruction of evidence.

According to TechSpot, GrapheneOS is an open-source, privacy-focused mobile operating system for Pixel phones that can allow a user to enter a passcode that erases the device. During questioning, agents repeatedly asked Tunick to unlock his phone and warned it could be seized if he did not comply. A defense filing says that after he provided a passcode, the screen went blank, flashed, and appeared to restart, causing data loss.

The defense argues the airport search violated Tunick’s constitutional rights and seeks to suppress the evidence. Its filing says agents did not present a warrant, did not read him his rights, and denied multiple requests for a lawyer. Government attorneys and a Customs and Border Protection officer described the encounter as a routine border inspection for prohibited items.

The case has drawn attention because experts cited by TechSpot said using this statute in connection with an operating system appears unusual. It also comes amid scrutiny of Tunick’s alleged association with opposition to Atlanta’s “Cop City” police training facility. A judge is not expected to rule on the defense motion until at least late October.