Foreign media reports that privacy software company GrapheneOS claims its mobile operating system is "completely legal" and protected by the U.S. Constitution. This statement comes as the first U.S. lawsuit involving its functionality progresses, with the case revolving around a defendant whose phone data was erased after he entered a "coerced password" during a border search.
GrapheneOS's response
GrapheneOS stated on social media that the company has no obligation to weaken the security protections provided by its system. It also claimed that laws requiring it to reduce encryption or security capabilities would be unconstitutional.
The project team added that once the critical materials were removed, the team would no longer be able to assist in recovery. They emphasized that bypassing encryption was not part of the system's design.
The case has entered the court proceedings.
The defendant in this case is Atlanta activist Samuel Tunick. He is accused of entering coercive codes during a no-deal border search in January 2025, resulting in the wiping of his Google Pixel phone.
Tunick has pleaded not guilty and could face up to five years in federal prison. The judge is expected to rule on his motion to exclude evidence no earlier than the end of October.
The controversy centers on search and privacy.
Tunick told 404 Media that the charges were intended to deter others from protecting their data. His public defender argued that Department of Homeland Security personnel could have obtained a search warrant but did not.
U.S. Customs and Border Protection stated that all travelers may be subject to inspection, while searches of electronic devices are less common and usually decided on a case-by-case basis. GrapheneOS also mentioned that it added a coerced PIN feature in June 2024 precisely to address such scenarios.
