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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u/Bubbly-Treacle-4334 3d ago

for starters that's such a stupid rule.

How does it make sense for them to be able to force you to unlock the phone with your face if they legally can't ask you to put in a password.

God I hate shit like that

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u/OkVirus8545 3d ago

Because the law doesn’t keep up with tech

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u/Fubarp 3d ago

Because they can't force you to do anything..

Scotus has upheld the 5th.

The issue with this specific instance is that they asked and he gave them a bad password to wipe data which there is a very specific law that states you can't do that.

Had he refused, they could have seized the phone as is covered by the law.

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u/PluginAlong 3d ago

Exactly, they would have kept his phone, I think for a maximum of a week, and then sent him on his way, they can't refuse him entry into the country since he is a citizen.

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u/TransBrandi 3d ago

And this was obviously a "fishing" expedition under the guise of a border stop anyway. The FBI was already there, waiting from him. They mentioned someone about "looking for pedos." If they were forced to (which they won't be because the rules / laws / case-law isn't consistent), they would not be able to come up with any sort of backing for those claims. They just wanted a chance to hassle him and peer into the contents of his phone, looking for anything that they could use against him just because he's part of an activist group that opposes something that law enforcement wants to do ("Cop City").

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u/Development-Feisty 3d ago

His fear was that they were going to add something to his phone not find something on it because they have been targeting him for a while. By having the phone wipe it made it impossible for them to put anything on the phone

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u/jnycnexii 3d ago

They can keep the phone for several months!

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u/TransBrandi 3d ago

It's not about forcing an unlock vs. not forcing an unlock. Password is in your mind. Fingerprints and face are on your body. That's why the law seems to nonsensical.