; or (II) sharing the retained contents with an attorney who is participating in such a legal proceeding. (3) Motion to suppress In a case in which retained contents have been accessed in violation of this subsection, a court may suppress evidence obtained or derived from access to such contents upon motion of the defendant. (e) Definitions In this Act— (1) the term agent of an attorney or legal representative means any person employed by or contracting with an attorney or legal representative, including law clerks, interns, investigators, paraprofessionals, and administrative staff; (2) the term contents has the meaning given such term in 2510 of title 18, United States Code; (3) the term electronic communication has the meaning given such term in section 2510 of title 18, United States Code, and includes the Trust Fund Limited Inmate Computer System; (4) the term monitoring means accessing the contents of an electronic communication at any time after such communication is sent; (5) the term incarcerated person means any individual in the custody of the Bureau of Prisons or the United States Marshals Service who has been charged with or convicted of an offense against the United States, including such an individual who is imprisoned in a State institution; and (6) the term privileged electronic communication means— (A) any electronic communication between an incarcerated person and a potential, current, or former attorney or legal representative of such a person; and (B) any electronic communication between an incarcerated person and the agent of an attorney or legal representative described in subparagraph (A).