The Effective Assistance of Counsel in the Digital Era Act requires the federal Bureau of Prisons to create a secure system allowing incarcerated people to communicate electronically with their attorneys without government monitoring of privileged communications. Within two years of enactment, the Attorney General must establish this program or modify existing systems to protect attorney-client communications from surveillance, while still allowing the government to monitor non-privileged inmate messages. Law enforcement can only access protected communications through a court warrant approved by a U.S. Attorney, and any government official reviewing these privileged communications is barred from participating in the defendant's legal proceedings or sharing that information with prosecutors. The bill also requires the Attorney General to notify all current inmates that their communications are monitored until the new system becomes operational, ensuring they understand their current lack of privacy protections.
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