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Protecting Incarcerated Persons' Digital Communications with Attorneys

New rules aim to protect the privacy of electronic communications between incarcerated individuals and their legal representatives. This means the content of these communications will not be monitored, strengthening the right to defense and attorney-client confidentiality. Systems will be established to enable secure communication, and access to this data will be strictly limited.
Key points
Incarcerated individuals will gain the ability to securely communicate electronically with attorneys without content monitoring.
Access to privileged communications will only be possible with a court warrant and under strict oversight, excluding individuals involved in the case.
The rules do not limit monitoring of other, non-privileged electronic communications of incarcerated persons.
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Additional Information
Print number: 117_S_3524
Sponsor: Sen. Wyden, Ron [D-OR]
Process start date: 2022-01-19