Ron Wyden (D-OR)
Effective Assistance of Counsel in the Digital Era Act
A Democratic bill with 2 Republican cosponsors · See all 3 cosponsors
Last activity — Read twice and referred to the 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
The Effective Assistance of Counsel in the Digital Era Act aims to regulate how electronic communications are monitored between incarcerated people and their legal representatives. It requires the Attorney General to establish a system that excludes the monitoring of privileged electronic communications. This includes communications between an incarcerated person and their attorney or the attorney's agents. The bill sets strict rules for how such communications can be accessed by law enforcement and the Attorney General. It also establishes protections for attorney-client privilege within these digital systems.
Yes
- Scored +7
Does this protect people from being watched or searched?
The bill establishes protections for the privacy of electronic communications between incarcerated persons and their legal counsel.
- Scored +3
Does this shorten or soften prison sentences?
The bill provides protections for legal counsel which may impact the fairness of the legal process for defendants.
- Scored +2
Does this make what the government does easier for the public to see?
The bill requires the Attorney General to issue a report regarding the establishment of the new communication system.
The opposite
No question was scored the opposite.
Who it would affect, and how
Potential Positive Impacts for People
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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)).
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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)).
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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)).
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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)).
Potential Negative Impacts for People
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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)).
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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)).
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 establishes protections for the privacy of electronic communications between incarcerated persons and their legal counsel. Does this make what the government does easier for the public to see? — The bill requires the Attorney General to issue a report regarding the establishment of the new communication system.
- Social Issues And Justice
- Does this shorten or soften prison sentences? — The bill provides protections for legal counsel which may impact the fairness of the legal process for defendants.
- 4/27/2026
- 2 Cosponsors added.
- 2/11/2026
- Read twice and referred to the Committee on the Judiciary.
- 1 Cosponsor added.
- Introduced in Senate
2 bills Congress.gov lists as related to this one — companions in the other chamber, earlier versions, and bills this one absorbed or was folded into.
Richard BlumenthalDemocrat · Connecticut
Cynthia LummisRepublican · Wyoming
Rand PaulRepublican · Kentucky