i2Coalition Internet Infrastructure Policy Brief: January 2026

Your brief update on important Internet policy issues

OUTLOOK

As expected, the House and Senate have spent significant effort in January on completing the FY 2026 appropriations legislation by a January 30 deadline when the current continuing resolution to avoid a partial federal government shutdown expires. Legislators have also confronted major foreign policy distractions following the U.S. military action in Venezuela in early January to capture and remove President Maduro from office, and President Trump’s intensified, controversial focus on the U.S. gaining control of Greenland for asserted national and global security reasons. The President has continued to use tariffs as an economic, trade, and foreign policy tool, even as a decision from the Supreme Court assessing the President’s legal authority for imposing tariffs is anticipated. As this midterm elections year unfolds, Congress is expected over the coming months to consider and debate domestic policy issues important to voters, including health care and cost of living affordability. With close voting margins in Congress and a highly partisan environment, it is unclear whether progress can advance on these matters before the planned House and Senate fall recess for campaigning ahead of the November 3 elections. In the near term, President Trump is scheduled to deliver his State of the Union address to a joint session of Congress on February 24. 

TECH POLICY PRIORITIES 

Intermediary Liability/Content Moderation. Senator Graham (R-SC), supported by the Senate Judiciary Chairman Grassley (R-IA) and other bipartisan Senators, seeks to advance his Section 230 repeal legislation, framed around the 30th anniversary of the Telecommunications Act of 1996 in February. The Senate passed the DEFIANCE Act in January by unanimous consent, a bill which establishes a federal right for victims to sue individuals who knowingly create, distribute, solicit, or possess for distribution nonconsensual digital intimate imagery (deepfakes). 

Federal Privacy. The bipartisan leaders of the House Energy and Commerce Committee are engaged in ongoing negotiations on children’s online privacy and safety legislation, forecasting a possible markup of a bills package in February. Work on federal comprehensive data privacy and security legislation is expected to be deferred until after a consensus is worked out on the children’s bills. 

Copyright/IP. Copyright infringement lawsuits involving generative AI are playing out in courts across the country. Rulings in 2026 could set the stage for reshaping fair use defenses in the digital age, and will impact ongoing legislative debates. 

Antitrust/Competition. President Trump nominated David MacNeil, a Republican donor and CEO of WeatherTech, to be an FTC Commissioner. The FTC announced that it will appeal the ruling of a lower federal court that Meta does not have an illegal monopoly in social media. 

Broadband. The House Energy and Commerce Subcommittee on Communications and Technology held an FCC oversight hearing in January and heard testimony from Chairman Brendan Carr and his fellow commissioners Olivia Trusty and Anna Gomez. Chairman Carr expressed support for legislative efforts to speed up broadband permitting. 

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.