#aafth ,,congress  #b;d ,session  ,h4   
,r4 #eedf  ,,an ,,act  ,to regulate     
monitoring of electronic communications 
between an incarcerated person in a     
,bureau of ,prisons facility and that   
person's attorney or other legal        
representative1 and for other purposes4 
#a4 ,short title ,this ,act may be cited
 as the ,effective ,assistance of       
,counsel in the ,digital ,era ,act4  #b4
 ,electronic communications between an  
incarcerated person and the person's    
attorney  7a7 ,prohibition on monitoring
 ,not later than #ahj days after the    
date of the enactment of this ,act1 the 
,attorney ,general shall create a       
program or system1 or modify any program
 or system that exists on the date of   
enactment of this ,act1 through which an
 incarcerated person sends or receives  
an electronic communication1 to exclude 
from monitoring the contents of any     
privileged electronic communication4 ,in
 the case that the ,attorney ,general   
creates a program or system in          

accordance with this subsection1 the    
,attorney ,general shall1 upon          
implementing such system1 discontinue   
using any program or system that exists 
on the date of enactment of this ,act   
through which an incarcerated person    
sends or receives a privileged          
electronic communication1 except that   
any program or system that exists on    
such date may continue to be used for   
any other electronic communication4  7b7
 ,retention of contents ,a program or   
system or a modification to a program or
 system under subsection 7a7 may allow  
for retention by the ,bureau of ,prisons
 of1 and access by an incarcerated      
person to1 the contents of electronic   
communications1 including the contents  
of privileged electronic communications1
 of the person until the date on which  
the person is released from prison4  7c7
 ,attorney-,client privilege            
,attorney-client privilege1 and the     
protections and limitations associated  
with such privilege 7including the crime

 fraud exception71 applies to electronic
 communications sent or received through
 the program or system established or   
modified under subsection 7a74  7d7     
,accessing retained contents ,contents  
retained under subsection 7b7 may only  
be accessed by a person other than the  
incarcerated person for whom such       
contents are retained under the         
following circumstances3 7#a7 ,attorney 
,general ,the ,attorney ,general may    
only access retained contents if        
necessary for the purpose of creating   
and maintaining the program or system1  
or any modification to the program or   
system1 through which an incarcerated   
person sends or receives electronic     
communications4 ,the ,attorney ,general 
may not review retained contents that   
are accessed pursuant to this paragraph4
  7#b7 ,investigative and law           
enforcement officers  7,a7 ,warrant  7i7
 ,in general ,retained contents may only
 be accessed by an investigative or law 
enforcement officer pursuant to a       

warrant issued by a court pursuant to   
the procedures described in the ,federal
 ,rules of ,criminal ,procedure4  7ii7  
,approval ,no application for a warrant 
may be made to a court without the      
express approval of a ,united ,states   
,attorney or an ,assistant ,attorney    
,general4  7,b7 ,privileged information 
7i7 ,review ,before retained contents   
may be accessed pursuant to a warrant   
obtained under subparagraph 7,a71 such  
contents shall be reviewed by a ,united 
,states ,attorney to ensure that        
privileged electronic communications are
 not accessible4  7ii7 ,barring         
participation ,a ,united ,states        
,attorney who reviews retained contents 
pursuant to clause 7i7 shall be barred  
from--  7,i7 participating in a legal   
proceeding in which an individual who   
sent or received an electronic          
communication from which such contents  
are retained under subsection 7b7 is a  
defendant2 or  7,,ii7 sharing the       
retained contents with an attorney who  

is participating in such a legal        
proceeding4  7#c7 ,motion to suppress   
,in a case in which retained contents   
have been accessed in violation of this 
subsection1 a court may suppress        
evidence obtained or derived from access
 to such contents upon motion of the    
defendant4  7e7 ,definitions ,in this   
,act--  7#a7 the term agent of an       
attorney or legal representative means  
any person employed by or contracting   
with an attorney or legal               
representative1 including law clerks1   
interns1 investigators1                 
paraprofessionals1 and administrative   
staff2  7#b7 the term contents has the  
meaning given such term in #beaj of     
title #ah1 ,united ,states ,code2  7#c7 
the term electronic communication has   
the meaning given such term in section  
#beaj of title #ah1 ,united ,states     
,code1 and includes the ,trust ,fund    
,limited ,inmate ,computer ,system2     
7#d7 the term monitoring means accessing
 the contents of an electronic          

communication at any time after such    
communication is sent2  7#e7 the term   
incarcerated person means any individual
 in the custody of the ,bureau of       
,prisons or the ,united ,states         
,marshals ,service who has been charged 
with or convicted of an offense against 
the ,united ,states1 including such an  
individual who is imprisoned in a ,state
 institution2 and  7#f7 the term        
privileged electronic communication     
means--  7,a7 any electronic            
communication between an incarcerated   
person and a potential1 current1 or     
former attorney or legal representative 
of such a person2 and  7,b7 any         
electronic communication between an     
incarcerated person and the agent of an 
attorney or legal representative        
described in subparagraph 7,a74  ,passed
 the ,house of ,representatives         
,september #ba1 #bjbj4;,clerk4