The US Department of Justice is attempting to prosecute an Atlanta resident in connection with the movement against the police training center known as Cop City because he had GrapheneOS on his phone, an open-source operating system that enables users to enter a passcode and wipe a phone clean.
The case, which had its first hearing on Monday, centers on a little-known US federal statute that makes it a crime to destroy property in an effort to prevent it from being seized.
Experts said it may be the first time the law has been aimed at the operating system, which works on Google Pixel phones, and expressed concerns about a technology created for privacy and security being used to criminalize protesters.
“It’s concerning – and sends the message that [GrapheneOS] is criminal by default,” said Christophe Boutry, a cybersecurity and surveillance expert. Boutry and Bill Buddington, senior staff technologist at the Electronic Frontier Foundation, both said they had not seen a similar case.
The defendant, Sam Tunick, was stopped for interrogation at Atlanta’s Hartsfield-Jackson airport on 24 January last year, after vacationing in the Dominican Republic. Unbeknown to him, federal authorities had put him on a terrorism watchlist because of his alleged association with the movement against Cop City.
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Marlon Kautz, a member of the Atlanta Solidarity Fund, said: “We all have a right to secure our private data against unconstitutional searches. And we should – especially in a time of rising authoritarianism.”
Meanwhile, Boutry, who lives in France, said Tunick’s case was of a piece with tendencies in France and Spain, where authorities have been frustrated in attempts to gain access to the phones of journalists, lawyers and political opponents due to GrapheneOS.
In Catalonia, Spain, police have been profiling people with Google Pixel phones, assuming they have GrapheneOS installed and are drug dealers or gang members.
At the same time, Boutry said, the “main goal [of the operating system] is protection of privacy”.
“They’re our phones and the state can’t tell us how to use them.”