GrapheneOS says its data-wiping "duress" password is perfectly legal, after user faces federal charges
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The US Department of Justice brought a case against a GrapheneOS user.
the recently unveiled case brought by the US Department of Justice against a GrapheneOS user
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The GrapheneOS Foundation has joined that debate, reaffirming some key points about the operating system's security features and whether previously deleted data can ever be recovered.
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According to the GrapheneOS Foundation, the operating system that got Sam Tunick prosecuted by the US government has nothing to do with unlawful practices.
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The foundation says it has no obligation to weaken GrapheneOS features designed to improve user and data security.
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The Android-based OS, it argues, is protected by the US Constitution, meaning no one can (theoretically) be prosecuted for creating, developing, or even using the platform on their devices.
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The foundation also believes any new law designed to make the software or its security features illegal would likely be unconstitutional.
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Once data has been wiped from a GrapheneOS-powered phone, there is no way to recover any of it.
Similarly, the organization confirmed that once data has been wiped from a GrapheneOS-powered phone, there's no way to recover any of it.
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The software, and the hardware it's compatible with (Google Pixel phones for now) is designed specifically to prevent attempts to bypass or tamper with data encryption.
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Tunick ran into trouble after providing a US Customs and Border Protection officer with a "duress password," one of GrapheneOS' options for strengthening a user's right to privacy. Once used to forcibly unlock a phone, the duress password/PIN wipes all data on the device, including eSIM content. The process happens instantly, can't be stopped, and it's irreversible.
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The GrapheneOS Foundation has since tried to downplay the importance of duress passwords for the platform's security. The feature, the organization said, is just a minor option within a much broader security model.
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The lawyer representing Tunick against the US government said the border agent failed to read Tunick his Miranda rights, as required, and ignored his requests to speak with a lawyer.
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The lawyer is now trying to get a US judge to dismiss all evidence recovered in the case, arguing that Tunick's constitutional rights were violated.
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GrapheneOS posted a tweet on July 27, 2026.
– GrapheneOS (@GrapheneOS) July 27, 2026
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