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Protecting Private Emails Between Inmates and Their Lawyers

This bill stops federal prisons from monitoring electronic messages between incarcerated people and their legal teams. It ensures that private legal advice remains confidential, strengthening the right to a fair trial for those in custody.
Key points
Prohibits the monitoring of privileged electronic communications between inmates and attorneys.
Requires the creation of a new system within two years that excludes legal messages from routine surveillance.
Law enforcement can only access these private messages if they obtain a specific warrant from a court.
Inmates must be given written notice that their messages are being monitored until the new system is fully operational.
Courts have the power to throw out evidence obtained by illegally accessing private legal communications.
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Status:
Introduced
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Additional Information
Effective Assistance of Counsel in the Digital Era Act
Print number: S 3850
Sponsor: Sen. Wyden, Ron [D-OR]
Process start date: 2026-02-11