Section 1 Short title
This Act may be cited as the “Effective Assistance of Counsel in the Digital Era Act of 2016” .
Effective Assistance of Counsel in the Digital Era Act of 2016
A BILL
To prevent certain monitoring and interception by Federal authorities of Federal prisoner communications that are subject to attorney-client privilege.
Sec. 2 Prisoner communications that are subject to attorney-client privilege
In general— Except as provided in subsection (b) it shall be unlawful for any person acting under the authority of the United States to monitor any electronic communication (as defined in section 2510 of title 18, United States Code) to which a prisoner in a Bureau of Prisons correctional facility is a party, if that communication would be subject to attorney-client privilege were the prisoner not incarcerated.
Exception— Subsection (a) does not apply to a communication the Attorney General has reason to believe poses a threat to national security.
Rules by Attorney General— The Attorney General shall prescribe rules to carry out this section.