Your update on important Internet policy issues
OUTLOOK
On November 12, President Trump signed into law the legislation passed by Congress to end the longest federal government shutdown in U.S. history and extend funding through January 30, 2026. Following the Senate’s approval, the House, led by the Republican majority, passed the legislation by a vote of 222-209. House Democrats generally condemned and opposed the bill because it failed to secure a deal to extend federal health insurance subsidies. Although the Senate plans to hold a later vote on those subsidies, House Speaker Mike Johnson has not made a similar commitment for a House vote. After the halting of legislative activity for 43 days, unlike the Senate which continued working, the House is aiming to make up for lost time by resuming multiple hearings, bill markups, and floor votes. Following the Thanksgiving holiday break, Congress will return to Washington on December 1. What ultimately passes the House and Senate before the Christmas holiday recess is expected to be limited, with the National Defense Authorization Act (NDAA) as a top priority. As possibly the last large bill moving this year, the NDAA will likely contain various extraneous items. There is a move by some Republican leaders to add to the NDAA language that imposes some form of AI state regulatory moratorium. Those AI preemption efforts face substantial challenges because they are controversial and opposed by many factions. Significant resolution of differences between the House and Senate NDAA bill versions is also required because the Senate NDAA bill authorizes some $32 billion more than the House version.
TECH POLICY PRIORITIES
Intermediary Liability/Content Moderation. Senators John Curtis (R-UT) and Mark Kelly (D-AZ) introduced the Algorithm Accountability Act, which would amend Section 230 of the Communications Decency Act of 1996 to impose a duty of care on online providers that use recommendation-based algorithms in order to prevent foreseeable bodily injury or death and would give injured individuals a clear civil right of action to seek relief in federal court. Senator Cruz is expected to release the text of the JAWBONE Act, a bill to provide a right of redress for private citizens whose online speech is targeted by online providers under pressure from American government officials.
Federal Privacy. On December 2 a House Energy and Commerce subcommittee will hold a legislative hearing on kids’ online safety measures. No draft text has yet been shared by the Republican-led House Energy and Commerce Privacy Working Group, which has been working this year on federal comprehensive consumer privacy and data security legislation.
Copyright/IP. The Supreme Court will hear oral arguments on December 1 in the billion-dollar Cox v. Sony contributory copyright liability case. A group of law professors filed an amicus brief urging the Supreme Court to accept a case on whether AI-generated works can receive copyright protection. The lower court ruling in the case decided that only humans can hold a copyright.
Antitrust/Competition. A federal judge ruled on November 18 that Meta’s acquisition of Instagram and WhatsApp did not create an illegal social media monopoly. New York federal Judge P. Kevin Castel ruled in favor of online news publishers and advertisers who claimed that Google monopolized digital advertising technology and diverted revenue from news organizations.
Broadband. A House Energy and Commerce subcommittee advanced bills for streamlined broadband deployment permitting. To ramp up progress toward some form of AI state regulation preemption a draft Executive Order was circulated that would link the availability of unallocated BEAD state funding to state cooperation with federal AI priorities, a move which Democratic House Energy and Commerce leaders denounced as illegal.
Intermediary Liability/Content Moderation
Senate: Curtis and Kelly Algorithm Accountability Section 230 Bill Introduced – U.S. Senators John Curtis (R-UT) and Mark Kelly (D-AZ) introduced legislation to modernize online protections and hold social media companies accountable for harms caused by content pushed by their algorithmic feeds. The bill, the Algorithm Accountability Act, amends Section 230 of the Communications Decency Act of 1996 to impose a duty of care on the online providers that utilize recommendation-based algorithms. The duty of care requires platforms to responsibly design, train, test, deploy, operate, and maintain their recommendation-based algorithm to prevent foreseeable bodily injury or death. It also gives injured individuals a clear civil right of action to seek relief in federal court.
Senate: Commerce Committee Chair Cruz Announces Anti-Censorship JAWBONE Act as Part of AI Leadership Framework – On October 29, Senator Ted Cruz (R-TX), Chair of the Senate Commerce Committee, announced during a hearing on Big Tech censorship that he plans to introduce the Justice Against Weaponized Bureaucratic Outreach to Network Expression (JAWBONE) Act as part of his Legislative Framework for American Leadership in Artificial Intelligence. According to remarks made by Cruz at the committee hearing, the JAWBONE Act would provide a right of redress for private citizens whose online speech is targeted by those online providers under pressure from American government officials.
House: Judiciary Chair Jordan Subpoenas OpenAI – House Judiciary Chair Jim Jordan (R-OH) has subpoenaed OpenAI, demanding all communications with foreign governments regarding their compliance with content moderation laws. The committee seeks documents between OpenAI and the EU, UK, Brazil, Canada, Australia, and New Zealand, citing concerns about OpenAI’s actions under regulations like the EU’s Digital Services Act (DSA), which Chair Jordan deems to be censorship. The subpoena specifically targets moderation decisions on topics such as COVID-19, vaccines, and climate change, with a compliance deadline of November 25.
i2Coalition’s Perspective – In the 119th Congress, the i2Coalition will continue to build on its record of educating policymakers about the complexities of the Section 230 debate and threats posed to the entire Internet ecosystem beyond the largest tech social media platforms if uninformed legislation is adopted or legal cases are wrongly decided. In 2023, the i2Coalition joined other prominent tech trade associations in a letter and related efforts directed to the Senate Judiciary Committee to oppose the ill-advised, re-introduced EARN IT Act. In 2024, the I2Coalition joined numerous tech trade associations and civil society groups in a letter to Congressional leaders expressing strong support for The Invest in Child Safety Act, which would directly give law enforcement authorities more resources to battle online child predators and would provide support to victims and their families. The i2Coalition continues to build on its collaboration with key allies in the library and higher education communities to promote a full understanding of the scope of Section 230. The i2Coalition filed an amicus brief with the U.S. Supreme Court in Gonzalez v. Google on Jan. 18, 2023, to advance the Court’s accurate understanding of the scope and impact of Section 230’s immunity protections for Internet intermediary providers. On May 21, 2024, the i2Coalition led in sending to Congress a broad affected stakeholders letter signed by ten organizations to express strong opposition to the House Energy and Commerce Committee bipartisan leaders’ draft bill to sunset Section 230 by December 31, 2025. In the 119th Congress, the i2Coalition will also continue to inform and educate policymakers if misplaced enforcement and procedural approaches to other online problems are proposed.
Privacy
House: E&C CMT Subcommittee Legislative Hearing on Kids’ Online Safety – On Nov. 25, the House E&C CMT Subcommittee announced that on Dec. 2, it will hold a long-awaited legislative hearing on kids online safety. The hearing will cover 19 bills, including updated versions of KOSA and COPPA, the App Store Accountability Act, Sammy’s Law, and the Shielding Children’s Retinas from Egregious Exposure on the Net Act (SCREEN) Act. The Committee plans to mark up and pass several bills, either packaged together or separately, following this legislative hearing.
House: Comprehensive Federal Consumer Privacy Legislation Outlook – Rep. Obernolte (R-CA) reported to press outlets in November his view that a comprehensive data privacy bill will likely not come out until 2026. The House E&C Republican Privacy Working Group has been crafting privacy legislation over the past months; however, the shutdown slowed down the process. Rep. Joyce’s (R-PA) staff, however, continues to say that they expect a draft from the working group to be circulated before the year’s end.
House: Ramping Up Support for the App Store Freedom Act – Cosponsors of the App Store Freedom Act, Representatives Kat Cammack (R-FL) and Lori Trahan (D-MA), sent out an eDearColleague letter to House members requesting they cosponsor the legislation. For companies that own both the app store and operating system, this bill would require them to remove pre-installed apps and allow users to set third-party app stores and apps as the default. The push to move the bill forward from outside advocates and the bill sponsors comes as the House Energy and Commerce Committee is finalizing a list of bills aimed at protecting children online, which has been in the works for months but has been slowed by the shutdown.
i2Coalition’s Perspective – i2Coalition works closely with U.S. policymakers to educate about and maximize understanding of the business impacts of privacy and data collection legislation and regulation affecting the technology sector in the U.S. and globally. For example, on Oct. 6, 2022, in Washington, and on Dec. 6 in Brussels, the i2Coalition and eco hosted timely webinars on the status of the EU-US Data Privacy Framework, with panelists from government, industry, and civil society. The i2Coalition will continue to follow EU-US efforts on transatlantic data flows policy making and engage with the responsible U.S. Department of Commerce officials and staff and with our EU allies and partners. In the 119th Congress, we will continue to focus on presenting substantive updates and educational resources to Congress and federal policymakers about the work we are doing and the progress being made with ICANN and NTIA on the development of a sound, workable global access model for domain name registration data meeting the requirements of the GDPR and federal and state laws, and the needs of law enforcement agencies. In Congress and before the Administration, we will continue to emphasize the need to combine enhanced privacy policies with the ability to deploy strong encryption, unencumbered by backdoors, as primary tools we leverage to keep people safe online.
Copyright/IP
SCOTUS: Cox v. Sony Dec. 1 Oral Arguments – The Supreme Court will hear oral arguments on December 1 in the Cox v. Sony contributory copyright liability case. The billion-dollar case against Cox is being closely watched with numerous amicus briefs filed on both sides, and a Supreme Court decision is expected later in this term.
SCOTUS: Professors Push the Supreme Court to Affirm Copyright Protections for AI-Created Works – A group of law professors filed an amicus brief urging the Supreme Court to take up a case on whether AI-generated works can receive copyright protection. The case, Thaler v. Perlmutter, has not yet been accepted by the Court, but challenges a lower court’s ruling that only humans can hold a copyright. The brief argues that requiring human authorship is outdated and could harm creativity and economic growth.
Courts: Federal Circuit Considers Limits of State ‘Anti-Troll’ Patent Laws – The Federal Circuit heard oral argument in Micron Technology v. Longhorn IP, a case testing how state “anti-troll” laws interact with federal patent law. Idaho’s statute makes it unlawful to assert patent infringement in bad faith and allows courts to require alleged trolls to post a bond and pay damages, costs, and attorneys’ fees. The case highlights a growing tension between state efforts to curb abusive patent enforcement and federal control over patent law, especially as inter partes review (IPR) becomes harder to obtain.
USPTO: Tightened Real Party in Interest Disclosures – US Patent and Trademark Office Director John Squires has brought back the pre-SharkNinja practice requiring anyone filing a case with the Patent Trial and Appeal Board (PTAB) to list everyone involved, known as the “real parties in interest.” This reverses a 2020 decision that made it easier to hide who was behind a patent challenge. The change reportedly aims to stop foreign-backed groups from secretly using the PTAB to attack US companies’ patents, especially in emerging technology areas such as AI and semiconductors. Questions still remain about whether member-funded groups must disclose their members and how anonymous reexaminations will be handled.
i2Coalition’s Perspective – i2Coalition will continue to actively fight for the preservation of Section 512 safe harbors of the DMCA that its members have relied upon, including particularly the conduit provisions, to launch and operate their businesses successfully without being deluged with litigation threats. We will work to educate policymakers to ensure balanced intellectual property policy outcomes for our members. In addition, the i2Coalition will engage through outreach, dialogue, and the public comments process in any future Canadian copyright consultations to urge continuity of balanced approaches in consideration of any reforms of Canada’s safe harbor framework for online intermediaries.
Cybersecurity
Trump Admin.: Cyber Director Provides More Details of the National Cybersecurity Strategy – White House National Cyber Director Sean Cairncross spoke at Aspen’s Cyber Summit on Building the National Cyber Strategy, hinting at details of his national cybersecurity strategy. He is currently working with interagency colleagues to craft a short statement of intent, paired with action items and deliverables. The plan will include 6 pillars, two of which he provided details for during the summit: 1) shaping adversarial behavior by introducing costs and consequences, and 2) promoting partnerships with industry, streamlining the regulatory environment sector by sector. He also promoted a workforce initiative he is working on, highlighting a major gap in the cyber workforce and the need to align incentives on the issue.
Commerce Department Plans to Prohibit the Sale of TP-Link Products – The Department of Commerce has proposed to ban future sales of the most popular home routers in the US, TP-Link Systems, which encompass nearly half of the home router market. The company, TP-Link Systems, is located in California but is spun off from the China-based company, TP-Link Technologies. While they claim to have fully separated from the Chinese company in the past three years, Commerce alleges that the routers are a national security risk, given that they handle sensitive American data, and the company remains subject to influence by the Chinese government. The ban has been approved through interagency review, and Commerce has the ability to send a formal notification to TP-Link and give them 30 days to respond. Given the tensions between the US and China, this issue could remain as a bargaining chip for future trade talks.
CISA 2015 Reauthorization: Continued Urgency and Efforts by Sens. Peters and Rounds – In the aftermath of the temporary reinstatement of CISA 2015 in the Continuing Resolution which ended the federal government shutdown, there is strong bipartisan interest in reauthorizing the Cybersecurity Information Sharing Act (CISA) before the next deadline on January 31. Concerned lawmakers are looking at every possible vehicle, including attaching it to the NDAA. Bill sponsors, Sens. Peters (D-MI) and Rounds (R-SD), also spoke at the Building the National Cyber Strategy summit, noting that Sen. Rand Paul remains the main obstacle. Peters has urged stakeholders to reach out to leadership to advocate for its passage. Senators Thune and Rounds have floated packaging several bipartisan items together into another floor vehicle once appropriations and pending nominations clear floor time.
House: Republicans Push to Protect Against Chinese Tech – House Republican leaders on Homeland Security, the Select Committee on China, and Foreign Affairs recently sent a letter to the Commerce Department requesting an investigation and potential restrictions on Chinese government-linked technologies across more than a dozen emerging industries, including AI and telecommunications. They warned that China’s cyberattacks demonstrate its goal to use technology as a weapon against the US, posing risks to infrastructure, supply chains, and national security. Their list includes TP-Link Systems, a spin-off of a Chinese company, which as noted, the Commerce Department is considering banning.
Senate: Democratic Senators are Pushing to Make Cyber Vulnerabilities Report Public – Senators Mark Warner (D-VA) and Ron Wyden (D-OR) recently sent a letter to Homeland Security Secretary Kristi Noem and Director of National Intelligence Tulsi Gabbard, urging them to release the unclassified report entitled “U.S. Telecommunications Insecurity 2022.” This report explores cyber vulnerabilities in US telecommunications networks, and the Senators claim its release is vital to national security. Their push comes after the announcement that the FCC would vote on rescinding the January 2025 CALEA cybersecurity ruling, which both Senators argued could weaken cybersecurity and make it harder to prevent future attacks similar to Salt Typhoon.
Federal Cyber Agencies: Former Cyber Official Warns Cuts to Agencies Could Make It Harder to Manage Threats, Including Chinese Hacks – Retired Gen. Timothy Haugh, former leader of both U.S. Cyber Command and the National Security Agency, warned that the federal government has not done enough to respond to a spate of cyberattacks on critical U.S. networks, particularly hacks from China. Haugh, who had been fired in April from his dual hat leadership role, said during remarks at the University of Pennsylvania that red lines for a U.S. response to cyberattacks on critical networks have been inadequate. Haugh’s comments come after sweeping changes to the federal government’s cyber personnel and resources, including cuts to staff at U.S. Cyber Command and the NSA. The Cybersecurity and Infrastructure Security Agency (CISA) at DHS has seen a third of its workers leave since January due to cuts, while the agency was targeted for further layoffs during the ongoing federal shutdown.
Senate: Markey (D-MA) Letter to White House on TikTok Deal Status – Sen. Ed Markey (D-MA) demanded answers from President Trump in a letter where he asked for clarification on the status of the administration’s deal to sell TikTok to a U.S. buyer. Markey claims that the administration has sown confusion by repeatedly claiming there’s a finalized deal — while providing scant information about it. Markey’s letter cites two statements from Treasury Secretary Scott Bessent, where he says a deal was reached. Bessent said in September, China approved a TikTok deal during trade talks in Madrid, but later claimed a deal was “finalized” during Trump’s meeting with Chinese President Xi Jinping in Kuala Lumpur. Markey has asserted that the haphazard approach raises serious questions about the future of TikTok and efforts to address its national security risks to the United States.
i2Coalition’s Perspective – As policymakers’ concerns and efforts intensify regarding how to improve cybersecurity and guard against growing attacks and threats, i2Coalition has increased its monitoring of this area. We will continue to engage in targeted policy matters and proceedings where the i2Coalition’s participation can enhance understanding and support improvements. In this regard, on November 14, 2022, the i2Coalition filed comments with CISA in response to the RFI on CIRCIA implementation. The i2Coalition also filed comments regarding proposed rules to implement CIRCIA on July 3, 2024. On March 3, 2023, the i2Coalition filed comments on NIST’s Cybersecurity Framework 2.0 Concept Paper. On November 6, 2023, the i2Coalition filed comments on the public draft of NIST’s Cybersecurity Framework 2.0. The i2Coalition filed extensive comments on April 29, 2024, opposing poorly drafted rule proposals in the Department of Commerce Infrastructure as a Service (IaaS) “Know Your Customer” rulemaking and has teamed with our tech industry colleagues to urge reconsideration by the Department.
Antitrust/Competition
Courts: Federal Judge Rules that Meta Does Not Have a Social Media Monopoly – A federal judge ruled on Nov. 18 that Meta’s acquisition of Instagram and WhatsApp did not create an illegal social media monopoly. Judge James Boasberg in Washington rejected the FTC’s claim that Facebook’s parent company monopolized the “personal social networking” market for connecting with friends and family. Boasberg’s decision rejected the FTC’s argument that labeled TikTok and YouTube as entertainment apps that don’t directly compete with Meta in the social media market. The ruling is the latest blow to the government’s effort to challenge Big Tech companies’ dominance over the Internet after another federal judge in September refused to break up Google for monopolizing the online search market. Both the Meta and Google cases started under President Trump’s first administration.
Courts: Judge Sides with Online Publishers Over Google – New York federal Judge P. Kevin Castel ruled in favor of online news publishers and advertisers who claimed that Google monopolized digital advertising technology and diverted revenue from news organizations. The judge pointed to findings in the antitrust trial against Google in Northern Virginia, where Judge Leonie Brinkema ruled that Google maintained an illegal monopoly for its dominance in the digital advertising market. While the publishers still must demonstrate damages, this ruling is a major development in the larger antitrust action against Google.
Industry: Disney-Fubo Deal Closed – Disney acquired Fubo after the Department of Justice completed its antitrust review and approved the deal. The acquisition followed a settlement in Fubo’s 2024 antitrust lawsuit against Disney, Fox Corp., and Warner Bros, where Fubo accused them of monopolistic behavior in their sports-focused streaming venture. In the acquisition deal, ESPN will secure a 70 percent stake in Fubo and combine it with Hulu + Live TV’s streaming service. Satellite TV carriers and Sen. Elizabeth Warren (D-MA) were displeased with the deal, believing it did not properly resolve the competition issues at hand.
EU: Google’s Antitrust Remedies Submitted to EC – Google submitted remedies to the European Commission in response to a €2.95 billion ($3.42 billion) antitrust fine over alleged self-preferencing in its advertising technology business, but did not offer to sell parts of the business. The fine is the EU’s second-largest against Google, after its other penalty for dominance in the Android operating system, and comes as the company faces a parallel US legal dispute where a federal judge is determining the remedies in the case where Google holds illegal monopolies in the publisher ad server and ad exchange markets. Google proposed letting publishers set varied minimum prices for bidders on Google Ad Manager and improving interoperability with third-party tools, which the Commission will have to review.
i2Coalition’s Perspective – i2Coalition monitors but has not actively engaged on this issue.
Tax/Trade
Congress: Reconciliation 2.0 Prospects, Health Care and Tariff Relief – Republicans continue to talk in earnest about a second reconciliation bill to address health care, tariff relief for farmers, and addressing other tax-related items/fixes from the OBBB. Some Senate Republicans, led by Sen. Katie Britt (R-AL), are pushing for a straight extension of the ACA health care subsidies to allow time to work on a more substantive health care package (that would be part of reconciliation). President Trump has said that he opposes the extension approach and instead wants to send $2,000 checks to families to cover the expected jump in premiums, but that would also likely require an act of Congress.
Trump Admin.: Trade/Tariffs Update – President Trump expanded tariff relief in November for Brazilian imports, the latest step in his effort to reduce costs for consumers. It follows a similar order that cut tariffs on beef, tomatoes, coffee, bananas, and other goods. U.S. Trade Representative Jamieson Greer and Commerce Secretary Howard Lutnick also met with EU trade ministers to advance negotiations on the framework first outlined in July.
Senate Rejects Trump Tariffs/SCOTUS Review – With some Republican help, the Senate passed three resolutions to terminate Trump’s tariffs on Canada and Brazil, as well as the emergency declaration for his tariff authority in general. The House has not acted similarly, having earlier blocked its own authority to vote down Trump’s tariffs until March. The U.S. Supreme Court heard arguments on whether the president can levy tariffs under the International Emergency Economic Powers Act of 1977, and a decision will be forthcoming later in this Court’s term.
EU-US: Tariff Negotiation Linkage to EU Digital Rules – Washington trade officials led by Commerce Secretary Lutnick are responding to EU calls to discard tariffs on steel and aluminium by telling the EU to loosen their digital rulebook as it has been imposed on American tech companies. However, this U.S. strategy tack so far has not made headway.
Provision in US Trade Deals Could Impact Adversaries and Allies Alike – A new line tucked into two trade agreements President Trump struck with Southeast Asian countries reportedly tries to keep them from making deals with US rivals. The broadly written language seems to be aimed at China, but it dramatically expands the pool of countries that could be targeted. The White House announced finalized trade deals with Malaysia and Cambodia to lower their “reciprocal” tariff rates from April, which hovered near 50 percent for Cambodian goods and 25 percent for Malaysian goods. Included in the deals is language saying the US can end the agreement and reimpose those tariffs if either country implements a trade agreement with a third country that the administration determines jeopardizes essential US interests. Trade experts believe this is likely targeted at China, and these provisions may appear in future bilateral trade agreements with the U.S.
Technology Prosperity Deals – President Trump returned from an Asia trip after securing substantive technology deals with Japan and South Korea. In the US-Japan Technology Prosperity Deal, the countries agreed to collaborate on AI adoption, 6G, space exploration, fusion, and quantum, among other things. Japan and the US agreed to launch a working group composed of relevant stakeholders to better understand and use cloud technology for storing sensitive data and enabling cybersecurity tools. In the US-ROK Technology Prosperity Deal, South Korea and the US agreed to bolster AI standards, promote space exploration, and develop 6G. Their agreement also prioritizes AI education to prepare children for the future workforce, in partnership with the First Lady Melania Trump’s Fostering the Future Together program.
Trade Deal with China – The administration also secured a trade deal with China, with some details still in the works. China committed to a one-year suspension of export controls on rare earth minerals, agreed to buy American soybeans, and curb fentanyl precursor exports. The US agreed to a one-year suspension of a new rule from the Bureau of Industry and Security that targeted subsidiaries of blacklisted foreign firms, reduced the fentanyl-linked tariff on China from 20 percent to 10 percent, and delayed an investigation into Chinese shipping practices. Treasury Secretary Bessent said the administration finalized the TikTok deal to sell to a group of American investors, but nothing has been inked. Additionally, President Trump has said that the most advanced Nvidia Blackwell chips will be reserved for US companies and kept out of China.
i2Coalition’s Perspective – i2Coalition continues to work for balanced trade agreements that foster digital trade, and we generally support efforts to put trade with China on a more level footing. We support the global digital trade principles articulated in the global industry letter to the G20. We will continue our engagement with USTR in support of those principles and against non-tariff trade barriers. The i2Coalition will also continue our work with our EU-based members on the DSA, DMA, and the NIS2 Directive toward balanced and transparent regulations, including providing input on major relevant U.S. policy discussions having an impact on evolving global intermediary liability principles (e.g., the Section 230 debate in the U.S. Congress). The i2Coalition will continue to underscore and educate USTR officials in the Special 301 proceedings about the key point that USTR should not confuse “notorious markets” with neutral intermediaries such as Internet infrastructure providers. The i2Coalition’s efforts before USTR are succeeding, as demonstrated in the 2024 Review of Notorious Markets for Counterfeiting and Piracy report issued on January 8, 2025, in which not one of our Internet intermediary members or any other traditional Internet infrastructure company was cited in the online markets list.
Artificial Intelligence
Congress: Renewed Efforts for AI Preemption Legislation and Democrat Opposition – There is a renewed effort by some Republican members to attempt to move a bill preempting states from regulating AI related to interstate commerce. Language identifying what areas states could regulate has not been officially released. Some Republicans are reportedly urging the administration to delay a potential AI EO that would require agencies to aggressively target states that enforce AI regulations. Republicans want to see if they can get Congress to agree on a narrower preemption bill that would also open the door for federal regulation in order to win enough Democratic support to get to 60 votes in the Senate. That may prove difficult, especially considering the draft EO directs the Commerce Department to restrict BEAD funding if states’ AI laws are too onerous. According to a Senate staff report, this executive order appears to be primarily a negotiating tactic aimed at linking unallocated BEAD funding to state cooperation with federal AI priorities. On Nov. 26, Congresswoman Doris Matsui (E-CA), Ranking Member of the House Energy and Commerce Subcommittee on Communications and Technology, and Representatives Ted Lieu (D-CA), April McClain Delaney (D-MD), Luz Rivas (D-CA), Don Beyer (D-VA) and Yvette Clarke (D-NY-09) led a group of 81 total lawmakers in sending a letter to congressional leadership opposing any effort to reintroduce a moratorium on state and local artificial intelligence (AI) laws in the National Defense Authorization Act (NDAA). The lawmakers also raised strong concerns about related proposals under consideration for a presidential executive order that would undermine state authority over AI regulation.
House: Rep. Obernolte’s AI Legislation Delayed – Rep. Obernolte’s (R-CA) AI preemption legislation, which would codify elements of President Trump’s AI Action Plan, is likely to be delayed. The Congressman told reporters that the timeline will be pushed back. This House bill is expected to serve as a counterpart to Senator Cruz’s (R-TX) AI moratorium bill, which Cruz plans to revisit. As noted above, we suspect that leadership plans to move a much more streamlined preemption approach, potentially as part of the NDAA.
Trump Admin.: EO Promotes AI in Science Agencies – The White House wants to turbocharge the nation’s scientific research capabilities by embracing artificial intelligence. President Donald Trump signed an executive order to launch what’s being billed as the “Genesis Mission” — a new plan that directs the Department of Energy and other science agencies to aggressively deploy AI.
According to the U.S. Department of Energy Chief of Staff Carl Coe, the rollout of this new executive order is intended to signal that the Trump administration views the coming AI race as important as the Manhattan Project or space race.
House: E&C Oversight Subcommittee AI Chatbots Hearing – House Energy and Commerce held an oversight and investigations subcommittee hearing on the risks and benefits of AI chatbots. This chatbot issue was specifically and intentionally separated from the agenda for the CMT Subcommittee’s future legislative hearing on kids online safety legislation.
Senate: Bipartisan Bill Introduced on Job Loss Due to AI – Senators Mark Warner (D-VA) and Josh Hawley (R-MO) introduced the bipartisan AI-Related Job Impacts Clarity Act to document how AI is impacting the workforce. The bill would require federal agencies and major companies to report quarterly to the Department of Labor (DOL) on AI-driven layoffs, new hires, retraining, and positions left unfilled due to automation. It also directs the DOL to compile this data and publish a report to Congress and the public.
i2Coalition’s Perspective – The i2Coalition is closely monitoring the rollout of the Trump Administration’s AI Action plan released in July 2025. The i2Coalition filed comments in March 2025 in response to the AI Action Plan RFI, highlighting AI’s dependence on Internet infrastructure and the need for the Action Plan to account for the needs and challenges faced by this critical sector to ensure that the U.S. remains the global leader in AI development and deployment.
Telecommunications
Senate: Commerce Committee FCC Oversight Hearing Set for Dec. 17 – The three sitting Commissioners at the FCC will appear before the Senate Commerce Committee for an oversight hearing on Dec. 17. The FCC Chair Brendan Carr is expected to face sharp questions on a range of topics, including about pressuring broadcasters to take ABC late-night talk show host Jimmy Kimmel off air in the wake of comments made by Kimmel about conservative activist Charlie Kirk’s assassination.
Senate: Upcoming Commerce Committee Hearing on Communications Network Security – The Senate Commerce Subcommittee on Telecommunications and Media will hold a hearing entitled “Signal Under Siege: Defending America’s Communications Networks” on Dec. 2. The hearing will assess the evolving threats and security vulnerabilities facing communications networks from fraud, espionage, and sabotage, and examine how the federal government can enhance awareness and foster a culture of network security within the communications industry.
Senate: Commerce Chair Cruz Cosponsors Sen. Ernst’s Clawback BEAD Funding Legislation – Senate Commerce Chair Ted Cruz (R-TX) joined as a cosponsor of Sen. Ernst’s (R-IA) RECAPTURE Act, which would claw back leftover funds from the BEAD program and use it for deficit reduction. This is a major development, given Cruz’s leverage to push forward legislation; however, two Republican Committee members could oppose this legislation: Sen. Shelly Moore Capito (R-WV) and Sen. Roger Wicker (R-MS). They both favor letting states retain money for non-deployment, and Sen. Wicker is drafting his own legislation, which would allocate BEAD funds toward workforce development and AI deployment.
House: E&C Action on Broadband Permitting Bills – The House Energy and Commerce Subcommittee on Communications and Technology conducted a markup on November 18 of 28 bills on streamlining broadband permitting. Permitting is one of the most consequential factors in broadband infrastructure deployment in this country, according to a report from the Fiber Broadband Association (FBA). The document — “The Good, the Bad, and the Ugly” — highlights the best practices and persistent barriers in the permitting process. According to the report, there are communities that use permitting as a strategic tool, centralizing review teams and coordinating utility needs to accelerate broadband deployments. But others are bogged down by fragmented workflows, unclear standards, and costly legal disputes.
FCC: November Meeting Recap – The FCC’s November meeting advanced several items, including a proposal to free up to 100 megahertz of spectrum in the upper C-band for auction, the elimination of 21 rules deemed obsolete, and the rescission of a Biden-era Communications Assistance for Law Enforcement Act (CALEA) Declaratory Ruling that imposed cybersecurity obligations on carriers following the Salt Typhoon attacks. During the press conference, Chairman Carr said the Commission’s December meeting will be light as the agency continues to adjust after the shutdown. He also emphasized the need to reinvigorate the FCC’s enforcement of public-interest obligations, doubling down on his statements regarding broadcast licensing. Chair Carr mentioned that the U.S. Cyber Trust Mark program remains under review for the program administrator’s ties to China.
NTIA: Reinforced Limits on State Control and Subsidy Use in BEAD Program – NTIA Administrator Arielle Roth emphasized that states cannot impose rate regulation or state-level net neutrality rules on BEAD-funded broadband projects, warning such measures could divert resources and increase defaults. She announced that providers must certify they will not seek additional subsidies to qualify for funding, noting BEAD projects are already exceeding required private matches. Roth said NTIA is expediting environmental reviews, pressing states to accelerate permitting, and rejecting cost-prohibitive projects to ensure funds are spent efficiently and defaults remain minimal.
i2Coalition’s Perspective – i2Coalition monitors but has not actively engaged on this issue.
Energy & Environment
House: Efficiency Bills Pass Subcommittee and Advance to Full Committee – The House E&C Subcommittee passed with a partisan vote the Don’t Mess With My Home Appliances Act, which would reduce some of the bureaucratic requirements on industry. The full committee markup of this bill and other energy efficiency-related legislation is planned for after Thanksgiving.
EPA Proposed Changes in Reporting Requirements for PFAS – The EPA is looking to change reporting requirements on industry use of perfluoroalkyl and polyfluoroalkyl substances (PFAS), known as “forever chemicals.” This proposal, which will be open for public comments, would reduce reporting requirements manufacturers face when disclosing their use of PFAS under the Toxic Substances Control Act (TSCA).
Trump Administration No-Show at Annual Global Climate Conference – The administration did not send a representative to attend the COP30 global environmental conference in Brazil this month. This comes as a new UN report concludes that the previous goal of limiting planetary temperature increases to 1.5 degrees Celsius now is no longer possible.
i2Coalition’s Perspective – i2Coalition monitors but has not actively engaged on this issue.
RELEVANT HEARINGS & EVENTS TRACKED BY i2COALITION IN NOVEMBER
November 5
- Senate Health, Education, Labor and Pensions Committee, Full Committee, “Registered Apprenticeship: Scaling the Workforce for the Future,” LINK
November 18
- House Judiciary Committee, “Markup of Various Pieces of Legislation,” LINK
- House Education and Workforce Committee, “The Future of College: Harnessing Innovation to Improve Outcomes and Lower Costs,” LINK
- House Energy and Commerce Committee, Communications and Technology Subcommittee, “Markup of 28 Bills to Streamline Broadband Permitting” LINK
- House Energy and Commerce Committee, Oversight and Investigations Subcommittee, “Innovation with Integrity: Examining the Risks and Benefits of AI Chatbots,” LINK
- Joint Economic Committee, “Frontier Technologies, Industrial Efficiency, and Pro-Innovation Policies,” LINK
November 19
- Senate Environment and Public Works Committee, “Hearing to Examine the Future of PFAS Cleanup and Disposal Policy,” LINK
- House Education and Workforce Committee, Subcommittee on Early Childhood, Elementary, and Secondary Education, “From Classroom to Career: Strengthening Skills Pathways Through CTE,” LINK
November 20
- House Homeland Security Committee, Transportation and Maritime Security Subcommittee, “Securing Global Communications: An Examination of Foreign Adversary Threats to Subsea Cable Infrastructure,” LINK
- House Small Business Committee, “Made in the USA: How Main Street is Revitalizing Domestic Manufacturing,” LINK
- House Judiciary Committee, “Member Day,” LINK
- House Foreign Affairs Committee, South and Central Asia Subcommittee, “Export Control Loopholes: Chipmaking Tools and their Subcomponents,” LINK
- House Energy and Commerce Committee, Commerce, Manufacturing, and Trade Subcommittee, “Daylight and Destinations: Examining Time, Travel, and Tourism,” LINK
November 21
- House Education and Workforce Committee, “Member Day,” LINK
