Prison Video Visitation Service Exposes Private Attorney-Inmate Calls
Security Breach Compromises Attorney-Client Privilege
As correctional facilities nationwide restrict in-person visits due to COVID-19 concerns, families and legal representatives increasingly rely on video visitation services. However, a recent security failure at HomeWAV, a St. Louis-based prison communication provider, has exposed significant privacy vulnerabilities in these systems.
The Data Exposure Incident
Security researcher Bob Diachenko discovered that HomeWAV left a critical database dashboard publicly accessible without password protection since at least April 2020. The exposed data included:
- Call logs between inmates and their contacts
- Automated call transcriptions
- Caller phone numbers
- Inmate identification
- Call duration records
Most alarmingly, the breach revealed communications between inmates and their attorneys—conversations that should have been protected by attorney-client privilege.
Systemic Failures in Prison Communication Systems
Violations of Legal Protections
Attorney-client privilege is a fundamental legal principle safeguarding confidential communications between legal representatives and their clients. However, multiple instances demonstrate systemic failures:
- Louisville, KY (2019): Prosecutors allegedly listened to 120 protected calls
- Maine (2020): County jails routinely recorded and shared privileged calls
HomeWAV’s website disclaimer states that calls may be recorded unless visitors are registered legal representatives. Yet, the company recorded clearly privileged communications despite attorneys verbally asserting this protection during calls.
Pandemic Exacerbates Existing Problems
The COVID-19 crisis has intensified reliance on these flawed systems:
- Many states suspended in-person legal visits
- Families face expensive, unreliable video alternatives
- Privacy protections have eroded further
Industry-Wide Security Concerns
The HomeWAV incident isn’t isolated in the prison communications industry:
- 2015: Securus suffered a breach exposing 70 million inmate calls
- 2020: TelMate exposed millions of inmate messages via unsecured database
These repeated failures highlight systemic security negligence in correctional communication technologies.
Legal and Ethical Implications
Somil Trivedi, ACLU Criminal Law Reform Project attorney, emphasizes:
“Technology cannot fix the fundamental failings of the criminal legal system—and it will exacerbate them if we’re not deliberate and cautious.”
Defense attorney Daniel Repka notes the sacred nature of attorney-client privilege, while acknowledging the practical challenges of maintaining confidentiality through monitored prison communication systems.
Moving Forward: Accountability and Reform
This incident raises critical questions about:
- Oversight of prison communication providers
- Enforcement of attorney-client privilege protections
- Technological safeguards for sensitive legal communications
As facilities continue limiting in-person visits, ensuring the security and privacy of alternative communication methods becomes increasingly urgent.
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