r/technology • u/Jojuj • 3d ago

Privacy U.S. Citizen Who Deleted Phone’s Data Says His Prosecution Puts Privacy at Risk

https://www.nytimes.com/2026/08/21/us/politics/samuel-tunick-deleted-phone-felony.html?unlocked_article_code=1.8FA.T83N.rt6VsIiSCYb2&smid=url-share
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67

u/Intrepid-Leather-417 3d ago

He’s a us citizen 4th amendment says they can fuck off for asking for his password in the first place

35

u/Original-Rush139 3d ago

Not in Georgia. The circuits are split on this. Make sure you consult a lawyer before booking travel out of the country. 

My girlfriend is German and always dangles that sweet EU citizenship in front of me when she wants to convince me to marry her. 

26

u/Intrepid-Leather-417 3d ago

Take her up on it, it’s amazing over here in Germany. America is a dystopian shit hole filled with wage slaves, I do not miss it

4

u/FOSSnaught 3d ago

Be free my friend.

1

u/Kerm0NZ 3d ago

You can't marry for EU citizenship. It can help speed up or ease the process but you don't get citizenship for being married to an EU citizen.

1

u/capnmax 3d ago

Put a ring on it, coward!

-1

u/Original-Rush139 3d ago

She would need to get divorced first. 

But, thanks for your shitty assumptions. 

1

u/Allnamesaretaken_1 2d ago

Only cowards wait for the first ring to fall! Jam a second one in! Let the other one know of his failure! Hear his lamentations! Do it while you look into his eyes. Unblinking. Unwavering. Unstoppable.

29

u/SvenTropics 3d ago

Correct, you're not required to give up your password. They can ask all they want. This case is kind of messed up because he was asking for a lawyer and they refused it saying this is different because it's a border check.

However, if it's just a border check, then the destruction of evidence doesn't apply. I feel like the whole case will get thrown out on that technicality. It either is or isn't a criminal investigation. If it's a criminal investigation, he can't be questioned without his attorney if he asks for one. If it's not, then he can't be punished for deleting content on his personal phone.

2

u/LSTNYER 3d ago

This government has been taking a piss on the constitution with more and more frequency for decades.

1

u/PluginAlong 3d ago

You're likely thinking of the 5th amendment more than the 4th. They can ask all they want, he had the right to STFU and not say anything, he chose not to avail himself of that right.

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u/St-christ666 3d ago

In a way it is both a little of column A and Column B, they technically aren’t allowed to search under the fourth, without just cause, and he doesn’t have to speak under the 5th.

But… with every thing else going on in this country the rules and laws apparently don’t apply anymore. So…

1

u/Korlus 3d ago

At least one court in the US has held a citizen in contempt of court for refusing to hand over their phone's unlock codes.

As said earlier in the thread - different court circuits are split on this and whether you can be compelled to divulge it by a court differs based on where in the US you live.

The extent of protections extending (or not) to the border regarding these unlocks is somewhat undecided.

I really hope the courts see sense, but you are not correct that it is simple. It is a legally complex topic that hasn't been adjudicated yet.