i2Coalition Internet Infrastructure Policy Brief: September 2026

Your brief update on important Internet policy issues

OUTLOOK

September drew to a close in Congress without the threat of a federal government shutdown on September 30, the end of the current fiscal year. A federal government shutdown this fall would have disrupted the final stretch of midterm elections campaigning by Republicans and Democrats. The Senate and House avoided this threat by passing a continuing resolution (CR) to fund federal operations through December 11, which President Trump signed into law on September 2. After passing the CR, Congress struggled to pass other bills and deferred action on many pending issues to the “lame duck” session that will occur after the November 3 elections. The House recessed on September 16 with plans to return post-elections. The Senate stayed in session longer, but due to political disagreements and the impending elections, Senate Republican leaders were unable to advance bills that had already passed in the House (e.g., protection from data center costs, and a Congressional stock trading ban and voter ID mandate). Unfinished business facing Congress in the lame duck session potentially includes: the national defense authorization act (NDAA); budget reconciliation increasing military funding and the debt limit; AI safety regulation; a farm bill; energy permitting reform; data center costs protection; and FISA Section 702 reauthorization. 

 

Meanwhile, President Trump devoted substantial time to trade, foreign policy, and ongoing military conflicts during September, including his speech and numerous meetings with world leaders in New York during the UN General Assembly. A state visit to Washington by Chinese President Xi Jinping immediately followed. While AI was touted as one of the key topics for discussion, the Xi visit did not result in any significant changes in the ongoing U.S.-China competition on AI. The Trump-Xi meetings produced no consensus on issues such as pacing AI advanced models development, global standards, AI safety guardrails, or how to respond to potential catastrophes caused by AI. The U.S. and China did open new lines of communication by establishing a dialogue to exchange views on AI risks and benefits. A channel will also be established between the U.S. and China to report incidents. More U.S.-China discussions are expected at the November Asia-Pacific Economic Cooperation meeting in Shenzhen, China, and at the December G20 summit in Florida. The Xi visit to Washington occurred against the backdrop of several weeks of sudden intensified alarm among policy makers and citizens about the potential existential threat to humanity from rapidly advancing AI models. Amidst this growing public anxiety, on September 29, President Trump hosted a White House meeting for AI and other tech company leaders alongside House Speaker Johnson. The President, who wants to allow unfettered development of American AI technology, said he and the tech industry leaders had signed a voluntary accord for AI self-regulation during the event. He also proposed the possibility of forming a 10-person committee that would help to oversee the industry. President Trump later signed an executive order to formally rename the technology from artificial intelligence to his preferred term “super intelligence.” It remains to be seen if public warnings from leading AI corporate CEOs and lab researchers, and revelations about rogue AI agent cyber attacks, will motivate Congress to act on AI safety legislation after the November midterm elections. 

TECH POLICY PRIORITIES 

Intermediary Liability/Content Moderation. A House version of Section 230 sunset legislation earlier introduced in the Senate by the late Senator Graham (R-SC) and retiring Senator Durbin (D-IL) was introduced by Reps. DeSaulnier (D-CA) and Rep. Patronis (R-FL). The bill is not expected to move in this Congress. The Senate Commerce Committee advanced Chairman Cruz’s JAWBONE Act which would allow Americans to sue federal agencies and government employees for engaging in activities aimed at pressuring companies and individuals to self-censor. 

Federal Privacy. The House and Senate have not reached consensus on a federal legislative package addressing children and teens’ online privacy and safety. Future action in this Congress is deferred to the lame duck session after the midterm elections. Federal comprehensive consumer data privacy and security legislation remained stalled. No meaningful action occurred on the issue in the Senate during this Congress. House Energy and Commerce Committee Republican leaders did not schedule a markup of their SECURE Data Act, or gain Democratic support for it. The FTC accepted public comments on its proposed enforcement policy statement on personalized pricing, which focuses on certain consumer protection disclosure requirements. 

Copyright/IP. Judicial foreign piracy website blocking bills were introduced in the House and Senate in September. Senator Thom Tillis (R-NC) and Representative Zoe Lofgren (D-CA) introduced the bipartisan and bicameral DEFEND IP Act. Separately, House Judiciary IP Subcommittee Chair Darrell Issa (R-CA) introduced his American Copyright Protection Act (ACPA). 

Antitrust/Competition. The Senate Judiciary Committee advanced the nomination of Adam Candeub to head the antitrust division of the Department of Justice. The Senate passed a bipartisan college sports regulation bill authored by Senate Commerce Committee Chair Cruz (R-TX) and Ranking Member Cantwell (D-WA). The bill would set national regulations for college sports governing payments to athletes for their name, image, and likeness, and rules for transfers between schools. It would give the NCAA new authority over the rules and limited antitrust protections to enforce them. 

Broadband. The NTIA announced a second round of BEAD funding that allows states to address remaining unserved locations. The Senate Commerce Committee confirmation hearing for Republican FCC Commissioner nominee Daneille Thumann Severs reportedly has been postponed to a time after the midterm elections. 

Find Out More

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