i2Coalition Internet Infrastructure Policy Brief: January 2025

Your brief update on important Internet policy issues

OUTLOOK 

The 119th Congress convened in January with Republicans controlling both the House and the Senate. Donald Trump was sworn into office on January 20 as the 47th American President in a ceremony conducted indoors in the U.S. Capitol building due to bitterly cold temperatures. The prominent attendance at the exclusive swearing-in by leaders of major tech companies (including Alphabet, Amazon, Meta, TikTok, and X) alongside the President’s family, senior aides, and Cabinet nominees, drew global attention. Almost immediately after the ceremony President Trump began his second term by signing Executive Orders (EOs) on a sweeping range of topics to jumpstart his Administration’s policy agenda. The EOs targeted Biden-era policies on immigration, the environment, and federal workforce management. Actions included freezing federal hiring except for critical roles, ending remote work for federal government workers, and streamlining security clearance processes. Immigration measures were set to bar asylum for new arrivals, suspend the Refugee Admissions Program, attempt to end birthright citizenship, and reinstate the “Remain in Mexico” policy. Trump also declared border crossings a national emergency to fund wall construction and revived drilling and mining initiatives. While some of the EOs may face legal challenges, they reflect President Trump’s intent to restore his priorities.

The Senate meanwhile advanced confirmation hearings for President Trump’s Cabinet secretary nominees. First to be confirmed as Secretary of State was former Florida Republican Senator Marco Rubio by a unanimous Senate 99-0 vote. The House Republican leaders scheduled a break from legislative business after the inauguration to participate in a Republican conference retreat in Florida for formulating their strategy on a budget reconciliation package and other priorities for the 119th Congress. Federal government funding expires on March 14. In addition to meeting this deadline and finalizing 12 government spending bills, key budgetary challenges include resolving the debt limit and addressing California wildfires aid. The reconciliation package under consideration reportedly focuses on a wide range of spending cuts and revenue increases to implement the Trump policy agenda. The President is also following through on the use of tariff threats against other nations. The U.S. House Speaker Mike Johnson (R-LA) invited President Trump to deliver a joint session address to Congress on March 4. While not a formal State of the Union address, the event aligns with the tradition of early-term presidential speeches.

TECH POLICY PRIORITIES 

Section 230/Intermediary Liability/Content Moderation. Prospects for a near-term revival of a Section 230 reform debate are unclear. The Trump administration is expected to continue to focus on whether censorship of politically conservative voices by large social media platforms is occurring. The Chair of the Senate Commerce Committee, Senator Ted Cruz (R-TX), led a bipartisan group of Senators in re-introducing the TAKE IT DOWN Act in January. The bill would criminalize the publication of nonconsensual intimate imagery (NCII) or the threat to publish NCII in interstate commerce and require covered platforms to remove NCII within 48 hours pursuant to a valid request from a victim.

Federal Privacy. The House and Senate may revive a debate on comprehensive federal privacy legislation. With Republicans in control of Congress, discussions are expected to emphasize pre-emption and federal agency enforcement, and not include a private right of action. Supporters of the Kids Online Safety Act (KOSA) and the Children and Teens’ Online Privacy Protection Act (COPPA 2.0) plan to revive these measures as soon as possible in the 119th Congress. Senate Commerce Chair Ted Cruz (R-TX) and Senator Brian Schatz (D-HI) also re-introduced the Kids Off Social Media Act (KOSMA). 

Copyright/IP. The U.S. Copyright Office released a long-awaited report making recommendations about whether works created with the assistance of artificial intelligence (AI) are eligible for protection under federal copyright law. The US Patent and Trademark Office released a strategy to address the intersection of AI and intellectual property. Rep. Zoe Lofgren (D-CA), a senior member of the House Judiciary Committee, introduced the Foreign Anti-Digital Piracy Act (FADPA), legislation intended to impose a system for rights holders to seek blocking orders to disrupt the operations of foreign-run piracy sites. 

Antitrust/Competition. The FTC issued a report on competition concerns raised by partnerships between major cloud service providers and AI developers. The Consumer Financial Protection Bureau (CFPB) invited public input on strengthening privacy protections and preventing harmful surveillance in digital payments, particularly those offered through large technology platforms. 

Broadband. The Trump administration is said to want to continue the Commerce Department’s BEAD program in support of broadband deployment in unserved and underserved areas, but with changes in how the program is managed. In a January 2 decision, the U.S. Court of Appeals for the Sixth Circuit overturned the FCC’s Open Internet (net neutrality) order, citing inconsistency with the Communications Act. The FCC is in the process of defending the legality of the Universal Service Fund and its funding mechanism in an appeal before the U.S. Supreme Court. 

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.