By
Max McCaskill - Sr. Staff Writer
Updated

GrapheneOS privacy-focused Android operating system
GrapheneOS is at the center of a new data privacy controversy involving CBP agents.
Image: GrapheneOS

As a semi-frequent traveler and full-time phone nerd, I've grown pretty alarmed over the past year at the rapid increase of cell phone searches and seizures at U.S. airports by Customs and Border Protection (CBP) agents. These incidents have targeted U.S. citizens and visitors alike, leaving many people genuinely concerned about their safety and worried they could be arbitrarily targeted when traveling.

The situation escalated again late last month when the Department of Justice announced it was prosecuting an Atlanta resident named Samuel Tunick for allegedly tricking U.S. border agents into deleting the contents of his phone using a “duress passcode.” If you’re wondering how on earth he managed to do that, well, it wasn’t as complicated as you think.

Tunick was using a privacy-centered Android operating system called GrapheneOS on his Google Pixel. Its main feature is a custom “duress passcode” that deliberately wipes the device when entered. When CBP agents asked Tunick for the passcode to access his phone, he allegedly gave them the duress code instead, which instantly wiped his phone and ultimately led to his charges.

While we don’t know the full details of what information prosecutors claim was deleted—and there is a ton of backstory here involving the Cop City debate in Atlanta that I won’t go into—the fact that a U.S. citizen was interrogated by CBP agents and ultimately charged for wiping the contents of his phone does feel like good reason to panic if you value your privacy. After all, there are built-in auto-reset features on iPhones and Samsung Galaxy devices that do the exact same thing if an incorrect passcode is entered too many times. These kinds of data-privacy features are not unusual, and you might even be using them right now.

The good news is you don’t need to freak out or worry about your next trip. As a tech expert and privacy advocate, I’m going to tell you exactly how to legally get through the border with your privacy intact, even if you are pulled for an inspection. I always take these precautions when traveling through checkpoints at airports, and last time I checked, I was not a criminal or suspected of doing anything wrong. I just like my data privacy and hate the idea of anyone poking through my phone.

If you’re a U.S. citizen, here are some of the legal ways you can make it through immigration and customs at U.S. airports without allowing anyone to access your data:

  1. Use a burner phone: These are cheap or older devices you use when traveling internationally. They’ve been wiped of all your personal data, so even if they’re seized—or stolen while abroad—there’s not much information on them. Meanwhile, your personal phone with all your data is sitting safe at home.
  2. Disable Face ID and biometrics: Federal agents cannot force you to provide a passcode, but they often can force you to use your Face ID, Touch ID, or any other biometric security to get into your phone. Always disable these features before going to the airport.
  3. Set a random six-digit passcode: If you’re still using an old four-digit code or the sliding puzzle pattern thingy on an Android, it’s time to upgrade to a random six-digit code that doesn’t include your birthday. They’re more secure and much more difficult to brute force.
  4. Lock down your other devices: If you have to travel with a laptop, tablet, or other device that’s synced with your phone, make sure it’s locked and turned off. An unsecured device means that agents might still be able to access your information despite being locked out of your phone.

It’s also important to note that you have fewer constitutional privacy protections at the border, and federal agents have wide leeway to examine your devices without cause. Yes, that also applies to airports in the middle of the country, hundreds of miles from the physical border. That said, as a U.S. citizen, you cannot be denied reentry for refusing to hand over your passcode. They may seize your phone and attempt to break in using other means—which is why having a burner phone is so important—but you shouldn’t feel intimidated or like you’re doing something wrong just for advocating for your privacy.

Finally, I recommend against using duress-code software like GrapheneOS. While it’s pretty neat, it’s probably unnecessary for the average traveler. The best course is to just trust your burner phone and its strong passcode to do their jobs instead.


More from WhistleOut to protect yourself when traveling:

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Hi there! I'm Max, and I'm a wireless industry expert. What does that mean? For one thing, I get paid to play on my iPhone. But more than that, it means I've spent years reviewing carriers, testing smartphone hardware, and reporting on the news that impacts your phone bill.

Smartphones and wireless plans are some of the most important pieces of technology in most people's lives, but you probably don't think about them until your plan is too expensive or it's time to upgrade to the newest phone. Unfortunately, that means you miss a lot of interesting and important stuff that can affect your life and wallet. The WhistleBlower is our way of cutting through the noise and flagging the things we think you need to know about.

Max McCaskill

Sr. Staff Writer

Max McCaskill
Max is a Senior Staff Writer at WhistleOut, specializing in mobile plans, operating systems, and carrier news. He regularly tests and reviews dozens of phone plans firsthand, evaluating real-world data speeds, coverage reliability, and plan features. He's been featured in publications such as Yahoo Finance, AARP, AP News, and GoBankingRates.

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