,,ii #aaith ,,congress #b;d ,session ,s4 #chej ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #aa1 #bjbf,mr4 ,wyden 7for himself and ,ms4 ,lummis7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,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 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 ,definitions ,in this section-- 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 section #beaj of title #ah1 ,united ,states ,code2 7#c7 the term electronic communication-- 7,a7 has the meaning given such term in section #beaj of title #ah1 ,united ,states ,code2 and 7,b7 includes the ,trust ,fund ,limited ,inmate ,computer ,system2 7#d7 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 7#e7 the term monitoring means accessing the contents of an electronic communication at the time that1 or anytime after1 such communication is sent2 and 7#f7 the term privileged electronic communication means-- 7,a7 an electronic communication between an incarcerated person and a potential1 current1 or former attorney or legal representative of the incarcerated person that falls within the legally recognized scope of attorney-client privilege and is subject to the limitations or exceptions associated with such privilege2 and 7,b7 an electronic communication between an incarcerated person and the agent of an attorney or legal representative described in subparagraph 7,a74 7b7 ,prohibition on monitoring ,not later than #b years after the date of enactment of this ,act1 the ,attorney ,general shall issue a report regarding1 establish guidelines for1 and create a program or system1 or modify a program or system that exists on the date of enactment of this ,act1 through which an incarcerated person may send or receive an electronic communication that excludes from monitoring the contents of any privileged electronic communication4 7c7 ,features of program or system ,the program or system created or modified under subsection 7b7 shall comply with the following3 7#a7 ,retention of contents ,the ,bureau of ,prisons may retain1 and provide access by an incarcerated person to1 the contents of electronic communications1 including the contents of privileged electronic communications1 of the incarcerated person until the date on which the incarcerated person is released from the custody of the ,bureau of ,prisons or the ,united ,states ,marshals ,service4 7#b7 ,attorney-client privilege ,attorney-client privilege1 and the protections and limitations associated with such privilege 7including the crime fraud exception71 shall apply to electronic communications sent or received through the program or system4 7d7 ,accessing retained communications 7#a7 ,in general ,privileged electronic communications retained under subsection 7c77#a7 may only be accessed by or provided to a person other than the incarcerated person for whom such privileged electronic communications are retained in accordance with paragraphs 7#b7 and 7#c7 of this subsection4 7#b7 ,attorney general ,the ,attorney ,general1 or a designee1 may only access such privileged electronic communications if necessary for the purpose of creating and maintaining the program or system created or modified under subsection 7b71 or any modification to the program or system4 ,the ,attorney ,general may not review the contents of privileged electronic communications pursuant to this paragraph4 7#c7 ,investigative and law enforcement officers 7,a7 ,warrant 7i7 ,in general ,such privileged electronic communications may only be accessed and the contents of such privileged electronic communications may only be reviewed 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 ,waiver ,an incarcerated person may waive the requirement to obtain a warrant under clause 7i74 7iii7 ,approval ,no application for such a warrant may be made to a court without the express approval of a ,united ,states attorney1 an ,assistant ,attorney ,general1 or a designee thereof4 7,b7 ,privileged information ,the ,attorney ,general shall establish procedures concerning the review of privileged electronic communications under subparagraph 7,a71 which shall include the following3 7i7 ,review ,before the contents of such privileged electronic communications may be reviewed by an investigative or law enforcement officer pursuant to a warrant described in subparagraph 7,a71 the privileged electronic communications shall be reviewed by a ,united ,states attorney1 an ,assistant ,attorney ,general1 or a designee to determine if a limitation or exception to the attorney-client privilege applies to any of the privileged electronic communications4 7ii7 ,barring participation ,a ,united ,states attorney1 an ,assistant ,attorney ,general1 or a designee who reviews privileged electronic communications pursuant to clause 7i7 shall be barred from-- 7,i7 participating in a legal proceeding in which an individual who sent or received such a privileged electronic communication is a defendant2 or 7,,ii7 sharing with an attorney who is participating in such a legal proceeding such a privileged electronic communication4 7#d7 ,motion to suppress ,upon motion of a defendant1 a court may suppress evidence obtained or derived from accessing privileged electronic communications or reviewing the contents of privileged electronic communications in violation of this subsection4 7e7 ,notice until program or system is operational ,the ,attorney ,general shall provide written notice to each individual who is an incarcerated person at any time during the period beginning on the date of enactment of this ,act and ending on the date on which the program or system created or modified under subsection 7b7 is operational that the privileged electronic communications of the individual are subject to monitoring4 7f7 ,rules of construction 7#a7 ,inapplicability to non-privileged electronic communications ,nothing in this section shall be construed to limit the ability of investigative or law enforcement officers to monitor1 record1 access1 review1 or retain nonprivileged electronic communications of an incarcerated person4 7#b7 ,verification of agent of an attorney or legal representative ,nothing in this section shall limit the authority of the ,bureau of ,prisons to establish policies that require a potential1 current1 or former attorney or legal representative to verify their identity1 employment status1 or licensure to practice law prior to being granted authorization to receive or send electronic communications from or to an incarcerated person4