Washington, D.C. – U.S. Representatives Madeleine Dean (D-PA-04), Laurel Lee (R-FL-15), and Don Bacon (R-NE-02) — alongside Democratic Leader Hakeem Jeffries (D-NY-08) — reintroduced the Effective Assistance of Counsel in the Digital Era Act to protect the privacy of email communications between incarcerated clients and their lawyers. The lawmakers previously introduced this bipartisan bill in the 118th Congress; Senator Ron Wyden (D-OR) is leading the companion bill in the Senate.
Under the Sixth Amendment to the U.S. Constitution, Americans have a right to effective assistance of counsel. Closely related to this right is “attorney-client privilege,” a protection that keeps communications between an individual and their lawyer confidential.
The Federal Bureau of Prisons (BOP) currently recognizes “attorney-client privilege” for scheduled phone calls, snail mail, and in-person communications—but not for email messages. In fact, BOP’s current practice is to deny email access entirely unless prisoners waive their claims to attorney-client privilege.
The Effective Assistance of Counsel in the Digital Era Act offers a solution that would protect confidential lawyer-client emails without compromising security. Specifically, this bipartisan legislation would allow investigative and law enforcement officers to review the contents of prisoner emails with their lawyers only with a warrant and special review procedures designed to prevent the affected emails from being used against the prisoners unfairly.
“People incarcerated in federal prisons have the right to attorney-client privilege enshrined in our Sixth Amendment — yet our justice system has not adapted to modern methods of communication,” Rep. Dean said. “Americans rely on email daily for personal, educational, and professional purposes, including communication between lawyers and their clients—yet those incarcerated are not able to access it without compromising their rights. I am grateful to Leader Jeffries and our colleagues across the aisle and in the Senate for coming together to defend some of America’s most fundamental rights.”
"Our system of justice depends on the constitutional right to the assistance of counsel for every person accused of a criminal offense. Incarcerated individuals must be able to communicate with their attorneys confidentially. The bipartisan Effective Assistance of Counsel in the Digital Era Act would enable incarcerated individuals to communicate with their legal representatives privately, safely and efficiently by prohibiting the Bureau of Prisons from monitoring privileged electronic communications. I thank Representatives Dean, Lee and Bacon alongside Senator Wyden for their leadership on this issue and for introducing this incredibly important legislation,” Democratic Leader Hakeem Jeffries said.
“The Sixth Amendment guarantee of effective assistance of counsel is meaningless if attorney-client communications are no longer confidential simply because technology has evolved,” Rep. Lee said. “This legislation ensures that incarcerated individuals can communicate with their lawyers using modern tools like email without being forced to surrender fundamental constitutional protections. At the same time, it preserves appropriate safeguards for law enforcement and prison security. Protecting attorney-client privilege in the digital age is about fairness, due process, and upholding the integrity of our justice system.”
“Attorney-client privilege is a constitutional right, not a suggestion,” Sen. Wyden said. “It’s time for the federal government to bring its outdated laws into the 21st century, which is why today’s legislation would once and for all ensure that all communications between incarcerated individuals and their attorneys are granted equal protection.”
Full bill text is available here.
Rep. Madeleine Dean is a mother, grandmother, attorney, professor, former four-term member of the Pennsylvania House of Representatives, and U.S. Representative for the Fourth District of Pennsylvania.
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