Preserving Incarcerated Persons’ Attorney-Client Privilege in the 21st Century

Why the Federal Bureau of Prisons Must Stop Monitoring Confidential Legal Emails

This report by NACDL and the Samuelson Clinic makes the case for Congress to act immediately to protect the attorney-client privilege in emails sent between attorneys' offices and people in BOP custody. It also calls for the BOP to stop its practice of requiring incarcerated clients to “voluntarily” agree that their email will be monitored and that attorney-client privilege will not apply to legal emails, just as the government is required to in other contexts. [Released December 2020]

Documents

See the Effective Assistance of Counsel in the Digital Era Act (H.R. 546). In February 2021, NACDL and partner organizations sent a letter to Congress seeking support for this important legislation.

Learn more about NACDL's Fourth Amendment Center

 

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