Effective Assistance of Counsel in the Digital Era Act

This bill regulates the monitoring of electronic communications between incarcerated persons and their attorneys or legal representatives, defining "privileged electronic communication" to include exchanges with legal counsel and their agents. It mandates the Attorney General to establish a system within two years that prevents the monitoring of these privileged communications, ensuring attorney-client privilege is maintained. This new or modified system must retain the contents of all electronic communications until the incarcerated person's release. Access to these retained privileged communications is highly restricted. The Attorney General may access them only for system maintenance, without reviewing their content. For investigative or law enforcement officers, accessing and reviewing privileged communications requires a court warrant , with express approval from a United States attorney or Assistant Attorney General. Specific procedures for warrant-based access include a review by a U.S. attorney to determine privilege exceptions, and the reviewing official is barred from participating in related legal proceedings. Evidence obtained in violation of these rules may be suppressed. Until the system is operational, incarcerated individuals must be notified that their privileged communications may be monitored. The bill clarifies that it does not limit the monitoring of non-privileged electronic communications or the Bureau of Prisons' authority to verify the identity and credentials of legal representatives.