He’s being prosecuted for giving border officials a code that wiped his phone:
The case centers on a feature included in GrapheneOS, a custom Android operating system that runs in place of the software on most modern Google Pixel devices. Tunick’s attorneys confirmed GrapheneOS was running on his phone.
The software feature allows the device owner to set a passcode that deliberately wipes the contents of that device if entered instead of the user’s unlock passcode.
Tunick’s case also raises ongoing questions about what constitutional rights can be invoked at the border, which the U.S. government has long asserted is not U.S. soil until a person is authorized to enter.
Right. And he wasn’t under arrest, either.
Graphine says that the feature is “completely legal“:
GrapheneOS is completely legal. We have no obligation to weaken any of the security protections it provides. Creating and using GrapheneOS is strongly protected by the US constitution. Laws attempting to make it illegal or require weakening the security would be unconstitutional.
It’s hard to know how much the Constitution matters in the US right now.
Tags: borders, courts, law enforcement, national security policy, privacy