‘The Government Hopes To Set a Precedent’: An Interview With the Man Charged for Allegedly Wiping His GrapheneOS Phone (www.404media.co)
from artyom@piefed.social to privacy@lemmy.ml on 28 Jul 23:46
https://piefed.social/c/privacy@lemmy.ml/p/2243876/the-government-hopes-to-set-a-precedent-an-interview-with-the-man-charged-for-allegedly

The U.S. government has charged Samuel Tunick with allegedly typing in a passcode to wipe his phone before officers could search it. “I hope people understand that the charges against me are meant to intimidate people,” he said.

Just another example of the Trump admin trying to intimidate protestors using whatever the fuck they can to bring up whatever charges they can.

#privacy

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eager_eagle@lemmy.world on 28 Jul 23:59 next collapse

hey, remember when that was a concern of countries under dictatorship?

Well, it still is. The US is becoming one.

AlecSadler@lemmy.dbzer0.com on 29 Jul 06:52 next collapse

Is one.

pucker4676@lemmy.ml on 30 Jul 03:00 collapse

Which country has this been an issue in, other than the US?

HorreC@lemmy.world on 29 Jul 00:09 next collapse

I thought the USA did away with that whole issue of precedent when they took out row v wade?

eldavi@lemmy.ml on 29 Jul 01:15 next collapse

Yet – somehow – the selectively of enforcement is too vague to let Americans become aware of it.

HorreC@lemmy.world on 29 Jul 10:49 collapse

I didnt think they taught americans how to read or comprehend any more. Its no wonder they are all trapped on tictok or foxnews.

EncryptKeeper@lemmy.world on 29 Jul 16:28 next collapse

Precedent isn’t a permanently binding law. The entire point of the judicial branch is that they get to interpret the law and decide when it applies. Precedent is binding on an individual basis, in that a particular judge or subset of judges are supposed to follow the precedent set by their court, but they have the ability to reinterpret that precedent, it usually just has to be done by the full circuit of judges or a higher court.

What happened to Roe v Wade sucks in a practical cause and effect level, but this process is necessary when you look at it in the context of this very case. If this case were to go south for this guy, you don’t want the precedent to forever be that this behavior is illegal on its face. Especially when decided by potentially one single judge. There has to be a path for a more balanced group of individuals to fix blind spots like that.

Another thing that complicates this is that America isn’t functionally just one nation with a set of laws and federal judges and a constitution, it’s 50 countries each with their own distinct laws, their own constitution, and their own judges. Federal law is just a loose binding box that’s supposed to keep the 50 states from getting too wacky.

unwarlikeExtortion@lemmy.ml on 29 Jul 19:59 collapse

You don’t get it. It was never about past decisions guiding or restricting future ones.

What precedent is: a) to be used as an argument and b) a way for the high court to set rules for lower ones to abide by… Until the next recalibration.

Bluefalcon@discuss.tchncs.de on 29 Jul 02:08 next collapse

bUT If YOu got tO ChiNA, THey WilL TrAcK yOu!

artyom@piefed.social on 29 Jul 03:41 collapse

China is still way worse but we certainly are barreling down that track…

Valarie@lemmygrad.ml on 29 Jul 05:10 collapse

Is it really worse?

Cameras that track you everywhere you go Both

Digital tracking and spying Both

Government that targets political dissidents Both but united states is worse

But China also has healthcare and housing your average person can afford alongside a lower crime rates.

This is mainly intended to cause you to think about it and I will accept if I am incorrect on one of the things I said here but it is kinda my stance on it

jabjoe@feddit.uk on 29 Jul 09:28 collapse

As yet, your posts about the goverment on Facebook or X don’t effect your credit score in the US.

kuiskaaja@lemmy.ml on 30 Jul 23:30 collapse

people still believe in the social credit shit?

in 2026?

XD

quick_snail@feddit.nl on 29 Jul 06:27 next collapse

Article doesn’t load

artyom@piefed.social on 29 Jul 06:31 next collapse

Sorry, that’s a you problem.

quick_snail@feddit.nl on 29 Jul 06:44 collapse

Nope, it’s a problem with this site.

Please don’t post links to inaccessible sites like this one. It harms our communities

artyom@piefed.social on 29 Jul 06:47 next collapse

Nope. It’s a you problem. Site works fine for everyone else.

eleitl@lemmy.zip on 29 Jul 11:32 collapse

No, it’s paywalled.

pucker4676@lemmy.ml on 29 Jul 08:23 collapse

Loads fine for me. You’re jumping to conclusions.

quick_snail@feddit.nl on 29 Jul 16:03 collapse

You’re making assumptions.

Now try it in a text based browser. Or a security hardened browser.

404media always has this problem. We need to start banning people who link to them

artyom@piefed.social on 29 Jul 20:36 next collapse

We need to start banning people who use intentionally hobbled browsers and then complain that other people should be banned for sharing sites that they’ve broken.

pucker4676@lemmy.ml on 29 Jul 23:46 collapse

Is Vanadium not considered hardened? I’m also doing some DNS filtering. No issues.

quick_snail@feddit.nl on 30 Jul 03:25 collapse

Try disabling JavaScript.

pucker4676@lemmy.ml on 30 Jul 03:28 collapse

Still working with JavaScript disabled. Edit: I also tried Tor, FireFox, and even Servo. All working.

quick_snail@feddit.nl on 30 Jul 04:38 collapse

Strange. Only the first couple paragraphs load for me. You’re sure the full article is loading for you?

sirico@feddit.uk on 29 Jul 06:50 collapse

The irony that a site called 404 doesn’t load for you 😄 here you go op. · Jul 28, 2026 at 1:27 PM The U.S. government has charged Samuel Tunick with allegedly typing in a passcode to wipe his phone before officers could search it. “I hope people understand that the charges against me are meant to intimidate people,” he said. ‘The Government Hopes To Set a Precedent’: An Interview With the Man Charged for Allegedly Wiping His GrapheneOS Phone Images: Samuel Tunick and 404 Media. In charging a man for allegedly typing in a duress password which wiped his privacy-focused GrapheneOS phone, the U.S. government is trying to intimidate other activists from protecting their data and participating in social movements, Samuel Tunick, the man charged, told 404 Media in an interview on Tuesday.

The case of Tunick, who participated in the Stop Cop City movement in Atlanta, has resonated across privacy and civil liberties circles. 404 Media first broke news of the case in December. Last week, The Guardian reported additional details including from a court hearing in the case. The maximum sentence for the alleged crime is five years in federal prison.

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quick_snail@feddit.nl on 29 Jul 07:08 collapse

Looks like the article didn’t load for you either. You just posted a couple paragraphs

pHr34kY@lemmy.world on 29 Jul 11:07 next collapse

typing in a passcode to wipe his phone before officers could search it.

I wonder if that’s actually what he did. You’re supposed to hand them the phone and let them type in the duress code. Then it’s not you who wiped it.

talentedkiwi@sh.itjust.works on 29 Jul 13:12 collapse

Another commenter in another thread said essentially just put the duress pin in your wallet with nothing else about what it is. Then say nothing about what that pin is. Then let them try it. Probably will get the same result because you didn’t “warn” them or something, but it would be a harder case as you didn’t tell them to put it in.

lemmyvore@feddit.nl on 29 Jul 13:50 next collapse

This kind of detail only matters if due process is still being observed.

There’s a scene that comes to mind from “The Yellow Tie” (2025) where a street patrol in Nazi Germany makes the protagonist strip naked just to have a laugh, then as they leave they wonder if they should’ve shot him anyway, despite not doing anything wrong.

FineCoatMummy@sh.itjust.works on 29 Jul 23:40 collapse

It might change a situation like this, but for a real criminal case, that does nothing. They will make an initial forensic image of the device. For this reason and others.

In this situation, there was no criminal case, no probable cause, and no warrant. They do have the border 4A exception. NAL, but I think they pushed that exception WAY tf past its breaking point here.

Eggman@thelemmy.club on 29 Jul 14:24 next collapse

Here is the full article click on the arrow to display it

text of article

In charging a man for allegedly typing in a duress password which wiped his privacy-focused GrapheneOS phone, the U.S. government is trying to intimidate other activists from protecting their data and participating in social movements, Samuel Tunick, the man charged, told 404 Media in an interview on Tuesday. The case of Tunick, who participated in the Stop Cop City movement in Atlanta, has resonated across privacy and civil liberties circles. 404 Media first broke news of the case in December. Last week, The Guardian reported additional details including from a court hearing in the case. The maximum sentence for the alleged crime is five years in federal prison. “I hope people understand that the charges against me are meant to intimidate people against protecting their data and their privacy, and the government hopes to set a precedent that no one has the right to privacy,” Tunick told 404 Media in a conference call with his federal public defender Matthew Dodge. Asked about his reaction to the wide attention his case has gotten, Tunick said it’s “a little surprising, but encouraging that people seem to care about this issue.” In January 2025, Tunick was returning to the U.S. from a vacation in the Dominican Republic. Dodge explained that Department of Homeland Security (DHS) officers called the airport ahead, said Tunick was coming through, and asked officers to stop him. “‘We want you to get his phone and search his phone,’” the officers said in Dodge’s retelling. The officers asked Tunick if they could search his bags, and he said no. The agents searched them anyway and found nothing unlawful, Dodge said. Tunick declined to be patted down, but again the agents searched him anyway, and they found nothing improper, Dodge said. Then the agents said they wanted to search his phone. Tunick declined and asked for his lawyer multiple times. Finally, the agents asked for his phone, and gave a pretence of searching for child abuse imagery, according to Dodge. Tunick gave a code which an officer typed into the device, Dodge said. Rather than unlocking the phone, the device “went to a blank screen” and displayed the GrapheneOS logo, Dodge explained. GrapheneOS, a mobile operating system that has a wealth of privacy and security upgrades, has a duress password feature that “will irreversibly wipe the device,” according to GrapheneOS’s website. Asked for comment, Daniel Micay, the founder of GrapheneOS, pointed 404 Media to a recently published overview on the operating system’s defenses against data extraction. With the phone inaccessible, Tunick was free to go and left the airport. Around a year later he was indicted for allegedly destroying “the digital contents of a Google Pixel” phone. Dodge said he only found one other case using the same law, a drug trafficking investigation. “This is extraordinarily rare,” Dodge said. “The agents tried to rig this game by making this all come to a head at the airport,” he added. Ordinarily authorities would need a warrant to search the contents of someone’s phone; at an airport, those protections often do not apply. “They could have asked the judge for a search warrant for Sam’s phone if they thought they had evidence of a crime. They didn’t do that,” Dodge added. A Customs and Border Protection (CBP) spokesperson told 404 Media in an email “All travelers are subject to inspection to ensure compliance with U.S. laws. These inspections, including questioning and the rare search of electronic devices, are conducted on a case-by-case basis, taking into account factors such as travel history and law enforcement alerts.” The U.S. Attorney’s Office declined to comment. In the interview with 404 Media, Tunick put his prosecution squarely in the context of the sprawling cases against other Stop Cop City protesters and other activists in the U.S. more broadly. He pointed to the RICO charges against dozens of people, with 61 of those charges later being dropped (some still faced domestic terrorism charges). Tunick said that case had him listed as an unindicted co-conspirator. Tunick also pointed to the landmark domestic terrorism Prairieland case in which people protested an ICE facility (one of those people received a 100 year sentence for shooting a police officer), and the newly signed National Security Presidential Memorandum (NSPM-7) which the ACLU says seeks to target nonprofits and activists. “Many of us had a suspicion that this was kind of the testing ground for a new, more heavy-handed trend in policing in America. And that does seem to be in fact the case: that Atlanta was sort of the testing ground for a more authoritarian, heavy-handed approach to social movements,” Tunick said. As 404 Media reported in March, Proton Mail provided user data that helped the FBI unmask an anonymous Stop Cop City prote

FG_3479@lemmy.world on 29 Jul 16:12 collapse

They say it’s to stop scraper bots, but they would have better success replacing a check that can be bypassed by disabling javascript with actual bot detection. Cap looks like a good option and Turnstile is included in Cloudflare.

spacegoat@lemmy.world on 29 Jul 14:46 next collapse

something something consent of the governed

a_postmodern_hat@lemmy.world on 29 Jul 15:32 next collapse

Haven’t read the article yet but I’d bang him

Edit: You misunderstand me. Allow me to explain:

  • Duress PINs are hot
  • GrapheneOS is sexy
  • Sticking it to Trump is attractive
  • The guy is a stud
lps2@lemmy.ml on 29 Jul 20:27 next collapse

So SOP for travel anywhere near a border now should be full imaging of phone and encrypted backup on a server you control, wipe of phone before getting within CBP jurisdiction, then re-image once out of their jurisdiction. Hell, have an image to flash with nothing but early-internet shock memes (goatse, tubgirl, kids in a sandbox, etc) for the time while in CBP jurisdiction.

artyom@piefed.social on 29 Jul 20:33 next collapse

I mean it couldn’t hurt but as far as I know there is no active full chain vulnerability for GOS so you could just not and they have no way to access it.

lps2@lemmy.ml on 29 Jul 21:12 collapse

I have no doubt that the government has access to zero days and/or just straight up image your phone so they can crack it at a later point in time if/when it is convenient to them. I used to think that was giving them too much credit and is in tinfoil hat territory but with the convergence of private interests and government, I truly think this is the reality of what can/does happen

artyom@piefed.social on 29 Jul 22:41 collapse

I have big doubts. We’ve seen them struggle with less.

rumba@lemmy.zip on 30 Jul 04:50 collapse

They have Israeli tools now. Not all govt is inept.

TwiddleTwaddle@lemmy.blahaj.zone on 30 Jul 05:06 next collapse

The Israeli tools are, as far as we know at this time, unable to break into a phone running graphene in the “before first unlock” state. Literally just turning your phone off before going through the checkpoint (as long as you’re running GOS) will be enough from a technical standpoint.

rumba@lemmy.zip on 30 Jul 15:35 collapse

good to know

artyom@piefed.social on 30 Jul 05:44 collapse

The Israeli tools openly advertise that they can’t break GOS.

zod000@lemmy.dbzer0.com on 30 Jul 16:07 collapse

I agree, but I imagine they will start saying that a pristine “empty” phone is clearly suspicious and a sign that you already deleted CSAM, terrorist messages, <insert boogeyman here>. If I wasn’t in the US, I’d do my absolute best to never step foot here.

FineCoatMummy@sh.itjust.works on 30 Jul 00:02 collapse

It is singularly evil that they trot out the “CSAM” excuse with zero evidence.

That’s meant to smear this guy in the press. People will see an arrest in the news, some mention about CSAM. The details will not sink in for most people b/c this is like the 20th thing they read that day, and in an information overload environment, there is too much to retain. His name gets tarred with something aborrent, without cause.

It can even come up in the future. Job searches his name, scary words come up, terrorism, CSAM. Well, better safe than sorry, maybe we shouldn’t hire that guy!

It’s cartoonish levels of evil. But courts are starting to cotton on, and are talking about the gov no longer enjoying the presumption of regularity. In the past, it was assumed cases were brought in good faith.

artyom@piefed.social on 30 Jul 00:37 collapse

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