Samuel Tunick Charged With Obstruction After Duress Code Wiped Phone at Border Search

U.S. Attorney Theodore Hertzberg said in a statement: "Obstructing federal law enforcement is a serious matter that has serious repercussions. Individuals who destroy or attempt to destroy property, including data, to prevent lawful search and seizure should expect to face prosecution and punishment for their actions."

A spokeswoman for U.S. Customs and Border Protection said the agency has the authority to search electronic devices of anyone entering or leaving the United States, regardless of citizenship, to enforce laws addressing terrorism, child exploitation, drug- and human-smuggling, visa fraud and national security threats. "The border search will only include an examination of information that is present on the device at the time it is presented for inspection," the spokeswoman said. She added that CBP searched the electronic devices of fewer than 0.01 percent of all arriving international travelers in the last fiscal year.

Tunick, responding to a question about how the charges have affected him, said: "Just the knowledge that the government is peering into your private life in this way, trying to dig up dirt on you, even though it's unsuccessful, is creepy." He added: "The government doesn't own our communications, our relationships, as hard as they might try to. We have to defend our fundamental right to privacy; otherwise we can't say that we really live in a democracy."