Legis Daily

Effective Assistance of Counsel in the Digital Era Act

USA119th CongressHR-7491| House 
| Updated: 2/11/2026
Madeleine Dean

Madeleine Dean

Democratic Representative

Pennsylvania

Cosponsors (3)
Don Bacon (Republican)Hakeem S. Jeffries (Democratic)Laurel M. Lee (Republican)

Judiciary Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
This legislation aims to safeguard the attorney-client privilege for incarcerated persons by regulating the monitoring of their electronic communications with legal representatives. It requires the Attorney General, within 180 days, to create or adapt existing systems to **exclude monitoring** the contents of any privileged electronic communication. Any existing systems used for privileged communications must be discontinued once the new or modified system is implemented, ensuring a secure channel for legal counsel. The bill permits the Bureau of Prisons to retain the contents of these communications, including privileged ones, until the incarcerated person's release, but access by others is highly restricted. Investigative or law enforcement officers may only access retained contents with a **warrant** issued by a court, which must be approved by a United States Attorney or Assistant Attorney General. Crucially, before access, a United States Attorney must review the contents to ensure privileged information is not accessible, and that attorney is then barred from participating in related legal proceedings. The bill explicitly states that attorney-client privilege applies to these electronic communications and allows for the suppression of evidence obtained in violation of these access rules.
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Timeline

Bill from Previous Congress

HR 116-5546
Effective Assistance of Counsel in the Digital Era Act

Bill from Previous Congress

HR 117-546
Effective Assistance of Counsel in the Digital Era Act

Bill from Previous Congress

HR 118-10450
Effective Assistance of Counsel in the Digital Era Act
Feb 11, 2026

Latest Companion Bill Action

S 119-3850
Introduced in Senate
Feb 11, 2026
Introduced in House
Feb 11, 2026
Referred to the House Committee on the Judiciary.
  • Bill from Previous Congress

    HR 116-5546
    Effective Assistance of Counsel in the Digital Era Act


  • Bill from Previous Congress

    HR 117-546
    Effective Assistance of Counsel in the Digital Era Act


  • Bill from Previous Congress

    HR 118-10450
    Effective Assistance of Counsel in the Digital Era Act


  • February 11, 2026

    Latest Companion Bill Action

    S 119-3850
    Introduced in Senate


  • February 11, 2026
    Introduced in House


  • February 11, 2026
    Referred to the House Committee on the Judiciary.

Crime and Law Enforcement

Effective Assistance of Counsel in the Digital Era Act

USA119th CongressHR-7491| House 
| Updated: 2/11/2026
This legislation aims to safeguard the attorney-client privilege for incarcerated persons by regulating the monitoring of their electronic communications with legal representatives. It requires the Attorney General, within 180 days, to create or adapt existing systems to **exclude monitoring** the contents of any privileged electronic communication. Any existing systems used for privileged communications must be discontinued once the new or modified system is implemented, ensuring a secure channel for legal counsel. The bill permits the Bureau of Prisons to retain the contents of these communications, including privileged ones, until the incarcerated person's release, but access by others is highly restricted. Investigative or law enforcement officers may only access retained contents with a **warrant** issued by a court, which must be approved by a United States Attorney or Assistant Attorney General. Crucially, before access, a United States Attorney must review the contents to ensure privileged information is not accessible, and that attorney is then barred from participating in related legal proceedings. The bill explicitly states that attorney-client privilege applies to these electronic communications and allows for the suppression of evidence obtained in violation of these access rules.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline

Bill from Previous Congress

HR 116-5546
Effective Assistance of Counsel in the Digital Era Act

Bill from Previous Congress

HR 117-546
Effective Assistance of Counsel in the Digital Era Act

Bill from Previous Congress

HR 118-10450
Effective Assistance of Counsel in the Digital Era Act
Feb 11, 2026

Latest Companion Bill Action

S 119-3850
Introduced in Senate
Feb 11, 2026
Introduced in House
Feb 11, 2026
Referred to the House Committee on the Judiciary.
  • Bill from Previous Congress

    HR 116-5546
    Effective Assistance of Counsel in the Digital Era Act


  • Bill from Previous Congress

    HR 117-546
    Effective Assistance of Counsel in the Digital Era Act


  • Bill from Previous Congress

    HR 118-10450
    Effective Assistance of Counsel in the Digital Era Act


  • February 11, 2026

    Latest Companion Bill Action

    S 119-3850
    Introduced in Senate


  • February 11, 2026
    Introduced in House


  • February 11, 2026
    Referred to the House Committee on the Judiciary.
Madeleine Dean

Madeleine Dean

Democratic Representative

Pennsylvania

Cosponsors (3)
Don Bacon (Republican)Hakeem S. Jeffries (Democratic)Laurel M. Lee (Republican)

Judiciary Committee

Crime and Law Enforcement

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted