Effective Assistance of Counsel in the Digital Era Act

Summary

Requires the Attorney General to produce a report, set guidelines, and create or modify a system within two years that lets incarcerated people send and receive electronic communications while protecting attorney‑client and attorney‑agent privileged messages from monitoring. The Bureau of Prisons may retain privileged content for delivery to the inmate, but access by DOJ or law enforcement is tightly limited and generally requires a warrant and high‑level approval; courts may suppress evidence obtained in violation.

• AG must report, set guidelines, and implement a system within two years to enable protected electronic communications for incarcerated persons.
• Privileged electronic communications (attorney‑client and attorney‑agent) are exempt from monitoring under the new system.
• BOP may retain communications, including privileged ones, and provide access to the incarcerated person while detained.
• DOJ/designees may access retained data only for maintenance and not review contents; law enforcement needs a warrant and high‑level approval to review contents.
• Officials who review communications to determine privilege exceptions are barred from later participating in related prosecutions.
• Courts can suppress evidence obtained in violation of these protections.
• Notification is required to currently incarcerated persons that privileged electronic communications are subject to monitoring until the system is operational.
• Non‑privileged communications remain subject to monitoring, and BOP may require attorney identity/licensure verification.
• The law defines key terms (agent, electronic communication, monitoring, privileged communication) to apply these rules to digital systems, including inmate computer systems.
• The statute directs federal agencies to act but does not specify new funding in the provided text.