The U.S. Justice Department is prosecuting an American, Samuel Tunick, for allegedly using a 'duress' password to wipe the contents of his phone during a border search, marking what may be the first such case in the United States.

This feature, included in GrapheneOS, allows device owners to set a passcode that deliberately wipes the contents if entered instead of the user’s unlock passcode. Tunick claims it was unlawful for U.S. Customs and Border Protection to seize his phone as he arrived back home last year.

The case raises questions about constitutional rights at borders, where the government asserts jurisdiction begins only after authorized entry. Prosecutors indicted Tunick under a statute making it illegal to destroy property to prevent authorities from seizing it. His attorneys argue the detention and seizure were unlawful, citing repeated denials of access to an attorney and lack of evidence for suspicion.

The incident highlights ongoing debates about digital privacy and border searches in the U.S., with experts noting such cases are rare. The Electronic Frontier Foundation advises downloading data before crossing borders to avoid losing information.