# 119-s-3850: Effective Assistance of Counsel in the Digital Era Act

119-s-3850, Effective Assistance of Counsel in the Digital Era Act, is a 119th Congress bill sponsored by Sen. Wyden, Ron [D-OR] (D-OR); status introduced (as of 2026-10-02).

- Canonical: https://policyrisk.com/legislation/119-s-3850
- As of: 2026-10-02
- Plain-text twin of the page above; the HTML and this file carry the same facts.

## Facts
- Bill: 119-s-3850
- Congress: 119
- Title: Effective Assistance of Counsel in the Digital Era Act
- Status: introduced
- Introduced: 2026-02-11
- Sponsor: Sen. Wyden, Ron [D-OR] (D-OR)
- Cosponsors: 3
- Policy area: Crime and Law Enforcement
- Touches household money: no
- Last recorded action: 2026-10-02

## Summary

**Protect attorney‑client privilege in electronic communications of incarcerated people.** This bill would require the Attorney General to set rules and create or modify a secure program so privileged electronic messages are excluded from monitoring and are retained for the sender until release. - Incarcerated people and attorneys: Would allow privileged electronic communications to be excluded from monitoring and kept so the incarcerated sender can access them until release. - Attorney General and DOJ: Would require the Attorney General to issue a report, establish guidelines, and create or modify a program or system to implement these protections within two years, and to notify incarcerated people while the program is being set up. - Law enforcement and courts: Would limit access so only program administrators may handle retained privileged contents for system needs, and would allow investigators to access them only with a warrant plus approval from a U.S. Attorney or Assistant Attorney General. Reviewers who assess privilege could not take part in related prosecutions, and courts could suppress evidence obtained in violation.

## Cosponsors (3)

- Sen. Lummis, Cynthia M. [R-WY] (R-WY), 2026-02-11T00:00:00.000Z
- Sen. Paul, Rand [R-KY] (R-KY), 2026-04-27T00:00:00.000Z
- Sen. Blumenthal, Richard [D-CT] (D-CT), 2026-04-27T00:00:00.000Z

## Provisions PRIA read

- Protect attorney-client messages for inmates: benefit, low. If enacted, the Attorney General would have to report, issue guidelines, and create or modify a system within two years. The system would let an incarcerated person send and receive electronic messages that exclude attorney-client messages from routine monitoring. The Bureau of Prisons could keep c…

## Related bills

- 119-s-891: Bipartisan Health Care Act
- 119-sres-913: A resolution relating to the death of the Honorable Nancy Kassebaum, former United States Senator for the State of Kansas.
- 119-sres-897: A resolution honoring the life, service, and legacy of the Honorable Jon Llewellyn Kyl, former Senator for the State of Arizona.
- 119-sres-801: A resolution honoring the life and legacy of the Honorable Lindsey Olin Graham, a Senator from the State of South Carolina.
- 119-sres-755: A resolution honoring the life of the Honorable Donald W. Riegle, Jr., former Senator for the State of Michigan.
- 119-sres-739: A resolution honoring the life and legacy of John Seymour, the late Senator for the State of California.

## Sources
- [119-s-3850 on Congress.gov](https://www.congress.gov/bill/119th-congress/senate-bill/3850)

## Related
- [119-s-891: Bipartisan Health Care Act](https://policyrisk.com/legislation/119-s-891)
- [119-sres-913: A resolution relating to the death of the Honorable Nancy Kassebaum, former Uni…](https://policyrisk.com/legislation/119-sres-913)
- [119-sres-897: A resolution honoring the life, service, and legacy of the Honorable Jon Llewel…](https://policyrisk.com/legislation/119-sres-897)
- [119-sres-801: A resolution honoring the life and legacy of the Honorable Lindsey Olin Graham,…](https://policyrisk.com/legislation/119-sres-801)
- [119-sres-755: A resolution honoring the life of the Honorable Donald W. Riegle, Jr., former S…](https://policyrisk.com/legislation/119-sres-755)
- [119-sres-739: A resolution honoring the life and legacy of John Seymour, the late Senator for…](https://policyrisk.com/legislation/119-sres-739)
- [All bills in Congress](https://policyrisk.com/legislation)

Source: PRIA, https://policyrisk.com/legislation/119-s-3850 (as of 2026-10-02).