Effective Assistance of Counsel in the Digital Era Act

HR 7491, the Effective Assistance of Counsel in the Digital Era Act, protects attorney-client communications for incarcerated people by prohibiting government monitoring of their electronic messages with lawyers. The bill requires the Attorney General to create or modify a secure system within 180 days that excludes privileged communications from monitoring, while allowing retention of these messages until the person’s release. It mandates strict safeguards: law enforcement can only access retained communications with a court-issued warrant (requiring U.S. Attorney approval), and a U.S. Attorney must review messages first to ensure privileged content isn’t accessed; they’re also barred from participating in related legal cases. This directly affects incarcerated individuals communicating digitally with their attorneys or legal representatives, including through systems like the Trust Fund Limited Inmate Computer System.