i2Coalition Internet Infrastructure Policy Brief: September 2025

Your brief update on important Internet policy issues

OUTLOOK

Bipartisan Congressional leaders and the President struggled during September to reach a Continuing Resolution (CR) agreement to keep the federal government operating after an October 1 midnight deadline. To pass a CR and avoid a shutdown, the Senate needs some Senate Democrat votes. In a first round of voting, Senate Democrats refused to accept the House-passed CR that would maintain funding levels until November 21 and allow Congressional negotiations on fiscal year 2026 appropriations to continue. The Democrats instead demanded that the CR must immediately include provisions to address several of their key policy priorities, particularly the maintenance of certain health care tax credits. The Trump Administration responded by warning Democratic Congressional leaders that a federal government shutdown would lead to thousands of additional federal worker layoffs and potentially a major reduction and reshaping of government operations. The impasse on finalizing a CR in Congress unfolded in September as the Trump Administration pursued action on many other fronts, including foreign policy discussions about the Ukraine and Gaza wars, a state visit to the United Kingdom, a major Trump address in New York before the U.N. General Assembly, and ongoing trade talks addressing the Trump Administration’s imposition of tariffs. The Supreme Court agreed to expedite its review during this term of the legal challenge against President Trump’s use of the International Emergency Economic Powers Act (IEEPA) to impose tariffs. 

TECH POLICY PRIORITIES 

Intermediary Liability/Content Moderation. The House Judiciary Committee held a hearing in early September on Europe and UK laws and rules imposed on the U.S. tech sector, highlighting Chairman Jim Jordan’s (R-OH) opposition to European tech regulations as threats to American innovation and free speech. Several Senators, including Senators Lindsey Graham (R-SC) and Amy Klobuchar (D-MN), have continued to call for a repeal and reform of Section 230 in their public remarks. The FCC Chairman Brendan Carr has indicated he is now less inclined to seek to exercise FCC jurisdiction over the interpretation of Section 230 because he currently sees a more positive trend of increased free speech on social media platforms. In the aftermath of the shocking murder of conservative figure Charlie Kirk on a Utah college campus, future Congressional hearings are planned to examine the radicalization of online forum users, including instances of open incitement to commit politically motivated acts. 

Federal Privacy. The House Energy & Commerce Privacy Working Group staff continues the drafting process for federal comprehensive consumer privacy and data security legislation, aiming to release draft text by the end of the year. The Energy & Commerce Committee also plans further proceedings in the coming weeks to address how to move forward with one or more children’s online safety and privacy bills. The FTC launched an inquiry into AI chatbots acting as companions, with plans to investigate how companies measure the negative impacts of AI technology on children and teens. 

Copyright/IP. Numerous amicus briefs in support of Cox arguments were filed in early September with the Supreme Court in the Cox v. Sony copyright contributory infringement case. The U.S. Solicitor General filed a motion to participate in the oral argument before the Justices in support of Cox. House Judiciary IP Subcommittee Chairman Darrell Issa (R-CA) continues considering outlines of a discussion draft bill – the American Copyright Protection Act (ACPA) – to establish a judicial site blocking regime for foreign piracy websites. Senate IP Chair Thom Tillis (R-NC) released a bipartisan draft of similar judicial site blocking legislation, the Block BEARD Act. To date no hearings or other specific plans have been announced regarding these judicial site blocking proposals. 

Antitrust/Competition. FTC Chairman Ferguson has sent recommendations for revising and deleting anticompetitive regulations to the White House’s Office of Management and Budget (OMB). The head of the Justice Department’s antitrust division, Gail Slater, announced the creation of a new task force focused on combating abusive practices designed to thwart the DOJ’s antitrust enforcement work. A decision on remedies in the federal Google antitrust case addressing search was released, and the remedies phase is underway in the Google advertising antitrust case. 

Broadband. The House Energy and Commerce Subcommittee on Communications and Technology held a September 18 hearing to review a package of bills related to broadband permitting and addressing a range of areas including infrastructure deployment, resiliency, access on federal lands, and post-disaster recovery. States have resubmitted their BEAD plans to the Commerce Department to align with the new guidelines imposed by Commerce Secretary Lutnick. 

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.