i2Coalition Internet Infrastructure Policy Brief: February 2026

Your brief update on important Internet policy issues

OUTLOOK

President Trump delivered his first State of the Union address of his second term in office on February 24. He focused on a message that in a little more than one year he and his administration had ushered in a new era of American prosperity, seeking to counter ongoing anxiety within the Republican caucus about the state of the economy, affordability concerns in the headlines, and the outcome of the November midterm elections. The President cited his strategic use of tariffs to generate revenue and fix the nation’s economic problems. He has characterized as unfortunate the Supreme Court’s ruling on February 20 declaring illegal his use of the International Emergency Economic Powers Act (IEEPA) to broadly impose tariffs on other nations, but made clear that he would continue to levy tariffs using other existing available legal means without requiring Congress to pass new authorizing legislation. Of note to the tech sector, the President presented an affordability proposal to ensure that consumers do not experience electricity rate increases caused by data centers powering AI. The Democratic response to the State of the Union was delivered by the new governor of Virginia (and former Congresswoman) Abigail Spanberger. Governor Spanberger’s speech questioned the President’s handling of the economy and his administration’s aggressive immigration enforcement that had resulted in federal agents killing some American citizens. She asked citizens whether they thought the President was addressing their most critical needs, arguing that American families are still struggling with affordability and high costs under the administration’s policies. This fundamental, stark contrast in the parties’ economic views is expected to play out repeatedly as the midterm campaigns ramp up in the coming weeks. 

TECH POLICY PRIORITIES 

Intermediary Liability/Content Moderation. Action on pending Senate and House legislation to repeal or reform Section 230 has not advanced to date. A number of interest groups, both for and against repeal efforts, have held events around the 30th anniversary of Section 230, which occurred on February 8. 

Federal Privacy. The Republican leaders of the House Energy and Commerce Committee plan a full Committee markup in March on a package of children’s online privacy and safety legislation. Work on federal comprehensive data privacy and security legislation is deferred until after a consensus is worked out on the children’s bills. 

Copyright/IP. Senators Adam Schiff (D-CA) and John Curtis (R-UT) introduced the CLEAR Act. This legislation would mandate generative AI developers to report copyrighted works used in training models to the Copyright Office, creating a legal framework for copyright around AI.

Antitrust/Competition. The chief of the DOJ’s Antitrust Division, Gail Slater, resigned from her role. This leadership change comes as the DOJ considers several high-profile matters, including the proposed deals between Nexstar and Tegna and Netflix and Warner Bros. Discovery. 

Broadband. The NTIA is conducting a series of listening sessions on BEAD non-deployment funds to receive input from stakeholders. The Universal Service Fund Working Group is reported to be poised to draft legislative recommendations for the connectivity program. 

Find Out More

For more in-depth updates on Internet policy, including issues that specifically impact your organization, please contact us about joining the i2Coalition.