Why it's trending
The New York Times published an article on July 28, 2026, highlighting the case and the novel legal argument that using GrapheneOS to wipe a phone could be a felony. This has sparked widespread discussion about privacy rights, border searches, and prosecutorial overreach.
A U.S. citizen is facing a felony charge after deleting his phone's data upon returning to the country, according to a New York Times report on July 28, 2026. The case centers on Sam Tunick, who was stopped at Atlanta's Hartsfield-Jackson airport on January 24, 2025, after being placed on a terrorism watchlist due to his alleged involvement with protests against the Cop City police training center. Authorities claim Tunick used GrapheneOS—an open-source operating system designed for privacy—to wipe his phone clean, invoking a federal statute that criminalizes destroying property to prevent its seizure.
The Guardian reports that this may be the first time the law has been aimed at the operating system itself. Cybersecurity expert Christophe Boutry and EFF technologist Bill Budington expressed concern, with Boutry stating, 'It’s concerning – and sends the message that [GrapheneOS] is criminal by default.' The case had its first hearing on July 23, 2026, and has drawn attention from privacy advocates and legal experts who question the application of the statute to a security feature.
Tunick's legal troubles began when he was stopped at the airport after a vacation. Unbeknownst to him, federal authorities had placed him on a watchlist. The charges are part of a broader crackdown on protesters opposing the $109m Cop City police training center, which opened in spring 2025. While several state prosecutions of Cop City protesters have failed, this is the second recent federal effort, following another indictment in June 2026.
The case raises broader implications for digital privacy and border security. Critics argue that prosecuting individuals for using privacy tools like GrapheneOS sets a dangerous precedent. As the case unfolds, it could redefine the limits of government power to compel phone access at borders and the legal status of encryption and wipe features.
Timeline
- Sam Tunick stopped at Atlanta airport
Tunick was interrogated at Hartsfield-Jackson airport after returning from the Dominican Republic. He was on a terrorism watchlist due to alleged ties to Cop City protests. He wiped his phone using GrapheneOS.
- Cop City police training center opens
The $109m facility opened amid ongoing protests. Tunick's case is part of federal efforts against protesters.
- DOJ announces another Cop City indictment
A second federal indictment was announced against a Cop City protester, according to the Guardian.
- First hearing in Tunick case
A hearing was held in federal court regarding the charges against Tunick for wiping his phone.
- New York Times article published
The NYT reports on the case, bringing national attention to the prosecution over phone wiping.
Questions people ask
What is GrapheneOS?
GrapheneOS is an open-source, privacy-focused operating system for Google Pixel phones. It includes features like a kill switch that allows users to wipe the device with a passcode.
What law is being used to prosecute Sam Tunick?
The prosecution is under a little-known U.S. federal statute that makes it a crime to destroy property in an effort to prevent it from being seized, according to the Guardian.
What is Cop City?
Cop City refers to a $109m police training center in Atlanta. It faced widespread opposition from activists concerned about police militarization and environmental impact. The center opened in spring 2025.
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