Madeleine Dean (D-PA)
Effective Assistance of Counsel in the Digital Era Act
A Democratic bill with 2 Republican cosponsors · See all 3 cosponsors
Last activity — Referred to the House Committee on the Judiciary.
In committee
Introduced and handed to a committee in the chamber it started in.
The committee holds it, and most bills are never heard from again. A hearing or a committee vote would be news; silence is the usual outcome, and it kills the bill without anyone voting against it.
Its path through Congress
- Introduced
- In Committee
What this bill would do
This bill, known as the "Effective Assistance of Counsel in the Digital Era Act," aims to regulate how electronic communications are handled between incarcerated people and their legal representatives. It requires the Attorney General to create or modify a system to ensure that the contents of privileged electronic communications are excluded from monitoring. The bill establishes that attorney-client privilege applies to these digital communications. It also sets strict rules on how retained communications can be accessed by the Attorney General or law enforcement. Finally, it provides a mechanism for courts to suppress evidence if these access rules are violated.
Yes
- Scored +7
Does this protect people from being watched or searched?
The bill mandates the creation of a system to exclude the contents of privileged electronic communications from government monitoring.
- Scored +6
Does this protect the right to fair treatment by the courts?
The bill protects the right to counsel by ensuring the confidentiality of communications and providing a mechanism to suppress evidence obtained through unauthorized access.
- Scored +4
Does this change how police departments operate?
The bill restricts law enforcement's ability to access retained electronic communications through warrant requirements and mandatory privilege reviews.
The opposite
No question was scored the opposite.
Who it would affect, and how
Potential Positive Impacts for People
-
Protection of Privileged Communication: The Attorney General must ensure that the contents of privileged electronic communications are excluded from monitoring via a new or modified system (Section 2(a)). This protects the privacy of legal discussions.
-
Preservation of Attorney-Client Privilege: The bill explicitly states that attorney-client privilege, including the crime fraud exception, applies to these electronic communications (Section 2(c)). This ensures legal protections remain intact in a digital format.
-
Strict Oversight of Law Enforcement Access: Law enforcement officers can only access retained contents through a court-issued warrant that has been approved by a United States Attorney or an Assistant Attorney General (Section 2(d)(2)(A)). This adds a layer of scrutiny to government access.
-
Prevention of Privilege Leaks: Before law enforcement can access retained contents under a warrant, a United States Attorney must review them to ensure no privileged communications are included (Section 2(d)(2)(B)(i)). This helps prevent the accidental exposure of private legal matters.
-
Legal Recourse for Violations: If retained contents are accessed in violation of the act's rules, a defendant can move to have the court suppress any evidence obtained or derived from that access (Section 2(d)(3)). This provides a way to hold officials accountable for unauthorized access.
Potential Negative Impacts for People
- Restrictions on Attorney Participation: A United States Attorney who reviews retained contents to protect privilege is barred from participating in any legal proceeding where the individual who sent or received the communication is a defendant (Section 2(d)(2)(B)(ii)). This could impact the availability of specific prosecutors for certain cases.
Groups and Interests Ranking
Every group the model scored this bill for, from -10 to +10. Tap or hover a score for the reason it gave.
- Governance And Ideology
- Does this protect people from being watched or searched? — The bill mandates the creation of a system to exclude the contents of privileged electronic communications from government monitoring. Does this protect the right to fair treatment by the courts? — The bill protects the right to counsel by ensuring the confidentiality of communications and providing a mechanism to suppress evidence obtained through unauthorized access.
- Social Issues And Justice
- Does this change how police departments operate? — The bill restricts law enforcement's ability to access retained electronic communications through warrant requirements and mandatory privilege reviews.
- 2/11/2026
- Referred to the House Committee on the Judiciary.
- 3 Cosponsors added.
- Introduced in House
Don BaconRepublican · Nebraska
Hakeem JeffriesDemocrat · New York
Laurel LeeRepublican · Florida