Legis Daily

Effective Assistance of Counsel in the Digital Era Act

USA119th CongressS-3850| Senate 
| Updated: 2/11/2026
Ron Wyden

Ron Wyden

Democratic Senator

Oregon

Cosponsors (1)
Cynthia M. Lummis (Republican)

Judiciary Committee

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

Bill from Previous Congress

S 117-3524
Effective Assistance of Counsel in the Digital Era Act

Bill from Previous Congress

S 118-5580
Effective Assistance of Counsel in the Digital Era Act
Feb 11, 2026

Latest Companion Bill Action

HR 119-7491
Introduced in House
Feb 11, 2026
Introduced in Senate
Feb 11, 2026
Read twice and referred to the Committee on the Judiciary.
  • Bill from Previous Congress

    S 117-3524
    Effective Assistance of Counsel in the Digital Era Act


  • Bill from Previous Congress

    S 118-5580
    Effective Assistance of Counsel in the Digital Era Act


  • February 11, 2026

    Latest Companion Bill Action

    HR 119-7491
    Introduced in House


  • February 11, 2026
    Introduced in Senate


  • February 11, 2026
    Read twice and referred to the Committee on the Judiciary.

Crime and Law Enforcement

Effective Assistance of Counsel in the Digital Era Act

USA119th CongressS-3850| Senate 
| Updated: 2/11/2026
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.
View Full Text

Suggested Questions

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

Timeline

Bill from Previous Congress

S 117-3524
Effective Assistance of Counsel in the Digital Era Act

Bill from Previous Congress

S 118-5580
Effective Assistance of Counsel in the Digital Era Act
Feb 11, 2026

Latest Companion Bill Action

HR 119-7491
Introduced in House
Feb 11, 2026
Introduced in Senate
Feb 11, 2026
Read twice and referred to the Committee on the Judiciary.
  • Bill from Previous Congress

    S 117-3524
    Effective Assistance of Counsel in the Digital Era Act


  • Bill from Previous Congress

    S 118-5580
    Effective Assistance of Counsel in the Digital Era Act


  • February 11, 2026

    Latest Companion Bill Action

    HR 119-7491
    Introduced in House


  • February 11, 2026
    Introduced in Senate


  • February 11, 2026
    Read twice and referred to the Committee on the Judiciary.
Ron Wyden

Ron Wyden

Democratic Senator

Oregon

Cosponsors (1)
Cynthia M. Lummis (Republican)

Judiciary Committee

Crime and Law Enforcement

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