S. 3850 Introduced Crime and Law Enforcement

Effective Assistance of Counsel in the Digital Era Act

A bill to regulate monitoring of electronic communications between an incarcerated person in a Bureau of Prisons facility and that person's attorney or other legal representative, and for other purposes.

  1. Introduced
  2. Committee
  3. Passed Senate
  4. Passed House
  5. To President
  6. Became law
Sponsor Sen. Wyden, Ron [D-OR] Introduced February 11, 2026 Cosponsors 3 (2 R, 1 D) Latest action February 11, 2026

Summary

Effective Assistance of Counsel in the Digital Era Act
This bill requires the Department of Justice to issue a report regarding, establish guidelines for, and create or modify a program or system through which an incarcerated person may send or receive an electronic communication that excludes from monitoring the contents of any privileged electronic communication between the incarcerated person and his or her legal representative. Attorney-client privilege shall apply to electronic communications sent or received through this program or system.

Summary by the Congressional Research Service, Library of Congress.

Congress.gov

Actions

  1. Feb 11, 2026 Read twice and referred to the Committee on the Judiciary.
  2. Feb 11, 2026 Introduced in Senate

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