Federal prosecutors in Atlanta are pursuing an unusual case against Sam Tunick, charging him under a statute criminalizing property destruction to prevent seizure. The case centers on his use of GrapheneOS, a privacy-focused operating system for Google Pixel phones that allows users to wipe devices via a specific passcode. Experts including cybersecurity specialist Christophe Boutry and EFF technologist Bill Buddington say this may be the first time the law has targeted an operating system's features, warning it implies GrapheneOS is "criminal by default."

The incident occurred at Hartsfield-Jackson Atlanta International Airport on January 24, 2024, when Tunick returned from the Dominican Republic. Agents detained him for "suspected terrorism activities" linked to opposition against Cop City, a $109 million police training facility. Defense filings allege agents denied Tunick's four requests for counsel, presented no warrant, and used child sexual abuse material as a pretext to probe his protest connections.

During questioning, agents demanded Tunick unlock his phone. When he provided a passcode, the device appeared to restart and wipe its data. Prosecutors call this intentional evidence destruction; the defense argues the search violated constitutional rights. The case tests border search authority at international airports, where CBP claims broad inspection powers. A ruling on the suppression motion is expected no earlier than late October.

GrapheneOS developers maintain the wipe feature is a legitimate privacy tool, not evidence of criminal intent. Boutry notes similar profiling occurs in Spain, where police target Pixel phone carriers assuming GrapheneOS use indicates gang activity. The prosecution coincides with federal authorities escalating cases against Cop City opponents after state-level efforts stalled.