Effective Assistance of Counsel in the Digital Era Act

Protection of Privileged Communications: The bill requires the creation of a program that excludes the monitoring of the contents of privileged electronic communications, protecting the privacy between an incarcerated person and their legal counsel (Section 2(b)).

Safeguards Against Unauthorized Access: Law enforcement officers can only review the contents of privileged electronic communications through a court-issued warrant, which requires express approval from a United States attorney or Assistant Attorney General (Section 2(d)(3)(A)).

Prevention of Conflict of Interest: To ensure fairness, the bill bars any United States attorney or Assistant Attorney General who reviews privileged communications from participating in legal proceedings where the incarcerated person is a defendant (Section 2(d)(3)(B)(ii)).

Evidence Protection: The bill allows a court to suppress evidence if it was obtained or derived from accessing privileged electronic communications in violation of the established rules (Section 2(d)(4)).

Temporary Monitoring Period: Until the new program or system is fully operational, the Attorney General must provide written notice to incarcerated persons that their privileged electronic communications are still subject to monitoring (Section 2(e)).

Bureau of Prisons Control: The Bureau of Prisons retains the authority to establish policies requiring attorneys or their agents to verify their identity, employment status, or licensure before they can communicate with an incarcerated person (Section 2(f)(2)).