Effective Assistance of Counsel in the Digital Era Act
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Summary
The bill directs the Attorney General to create, modify, or establish guidelines for a Bureau of Prisons electronic communication system that excludes privileged attorney-client electronic communications from monitoring, within two years of enactment. It permits retention and access by the incarcerated person of communications until release, limits Attorney General access to system maintenance purposes, and requires a court warrant (with waiver permitted by the incarcerated person and approval by a U.S. attorney or Assistant Attorney General) plus a privilege review before investigators may review privileged communications. It also provides for suppression of improperly obtained evidence and written notice to incarcerated persons that their communications are monitored until the new system is operational.
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