The Department of Justice is planning to prosecute GrapheneOS for obstructing justice, alleging that its 'Enter Emergency Password to Erase Data' feature constitutes obstruction of justice.

GrapheneOS, a mobile operating system specializing in security and privacy protection, has
US government targets Cop City protester over phone operating system | Atlanta | The Guardian
https://www.theguardian.com/us-news/2026/jul/23/cop-city-protester-phone
US prosecutors charge Atlanta man after GrapheneOS phone wipes itself during airport search | TechSpot
https://www.techspot.com/news/113236-us-prosecutors-charge-atlanta-man-after-grapheneos-phone.html
The incident began with questioning of a man named Sam Tunick, who lives in Atlanta. Police suspected Tunick of participating in protests against the construction of the police training center 'Cop City,' and had detained him at the airport shortly after he returned from a trip for questioning.
At this time, the police repeatedly asked Mr. Tunic to unlock his smartphone. However, when Mr. Tunic finally entered a PIN into his smartphone, 'the screen went black, blinked a few times, and then the device restarted.' The PIN Mr. Tunic entered was not for unlocking the phone, but for erasing data, and all the data on the device was lost.

According to The Guardian and other sources, the Department of Justice views this matter as problematic and plans to prosecute GrapheneOS under a law that 'prohibits the destruction of property for the purpose of preventing its seizure.'
On the other hand, Tunick's lawyers argued that the investigation itself was illegal as it violated his constitutional rights, and that the evidence obtained should be excluded. According to the defense, Tunick requested to meet with his lawyer four times during questioning, but was refused each time, and the investigators did not present a warrant or give him the necessary information about his rights at the time of detention (
In response to the defense's arguments, the prosecution countered, 'This was not an arrest, but merely a routine interrogation conducted at the airport, so the procedures the defense is claiming were unnecessary.'

Bill Paddington of the Electronic Frontier Foundation, which advocates for digital rights, described the prosecutor's approach in this case as 'unusual.' He stated that 'GrapheneOS could send a message that simply using it makes you suspected of criminality,' expressing concern that a technology developed for privacy and security could end up treating users as criminals.
GrapheneOS is viewed with hostility by some judicial authorities. In France, the government has stated that 'GrapheneOS is for criminals,' leading GrapheneOS to announce its withdrawal from the country.
Security-focused OS 'GrapheneOS' withdraws from France after citing 'state threats' - GIGAZINE

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