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Protecting Attorney-Client Electronic Communications for Incarcerated Persons

This Act mandates the creation of a system to prevent the monitoring of privileged electronic communications (like emails) between individuals in federal custody and their legal representatives. This change strengthens the right to effective legal assistance by ensuring that attorney-client privileged conversations remain private. Law enforcement access to these communications will be strictly limited, requiring a court-issued warrant, thereby safeguarding citizens' defense rights.
Key points
Monitoring Prohibition: The Bureau of Prisons must establish a system that excludes the monitoring of privileged electronic communication contents between incarcerated persons and their attorneys.
Attorney-Client Privilege: Electronic communications sent through the new system will be subject to full attorney-client privilege, including standard limitations like the crime-fraud exception.
Warrant Requirement: Investigative officers can only access and review the contents of retained privileged communications pursuant to a court-issued warrant.
Notice Requirement: Until the secure system is operational, incarcerated individuals must receive written notice that their privileged electronic communications are subject to monitoring.
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Additional Information
Print number: 118_S_5580
Sponsor: Sen. Wyden, Ron [D-OR]
Process start date: 2024-12-18
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Source data: api.congress.gov
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OFFICIAL LEGAL TITLE

Effective Assistance of Counsel in the Digital Era Act

FREQUENTLY ASKED QUESTIONS

What is the official ID of this bill?

The official print number for this legislation is 118_S_5580.

Which chamber initiated this legislation?

This legislation was initiated in the Senate.

When did the legislative process begin?

The process officially started on 2024-12-18.

What are the main provisions?

Key points include:

  • Monitoring Prohibition: The Bureau of Prisons must establish a system that excludes the monitoring of privileged electronic communication contents between incarcerated persons and their attorneys.
  • Attorney-Client Privilege: Electronic communications sent through the new system will be subject to full attorney-client privilege, including standard limitations like the crime-fraud exception.
  • Warrant Requirement: Investigative officers can only access and review the contents of retained privileged communications pursuant to a court-issued warrant.
  • Notice Requirement: Until the secure system is operational, incarcerated individuals must receive written notice that their privileged electronic communications are subject to monitoring.
What is the specific legal status?

The current status is Expired.

Where can I read the full text of this legislation?

The full official text is available at: View full text

Who is the primary sponsor?

The primary sponsor is Sen. Wyden, Ron [D-OR].

What is the latest detailed status?

The latest detailed status is: Introduced in Senate

Is this summary verified?

Yes. This content was analyzed by AI and verified by the Lustra Judge System on 2025-12-26.

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Courts and Law Security