Many Americans are going back to old “dumb” phones, and the reason is an older case that is gaining new attention after federal prosecutors charged Atlanta activist Samuel Tunick over a phone that erased itself during a CBP search.
Tunick was stopped by Customs and Border Protection while returning to the United States. Agents sought access to his phone. Instead of unlocking it, he entered a duress PIN on his privacy-focused device that automatically erased its contents.
He wasn’t arrested that day. Months later, however, federal prosecutors charged him with destroying evidence to prevent the government from accessing the phone. He has pleaded not guilty.
His attorneys argue the government wasn’t conducting a routine border search. They contend agents were targeting him because of his activism and trying to gain access to years of personal communications, contacts, and organizing efforts. Federal prosecutors dispute that characterization.
Every American should be asking where the line is. Your smartphone contains your messages, photos, finances, health information, location history, and the identities of everyone you communicate with.
For many people, carrying a basic phone with far less personal data is starting to look less like nostalgia and more like protecting their constitutional right to privacy.
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