Technology

January brought several significant, long-awaited developments in the U.S. semiconductor policy space, marking an inflection point in how the Administration is deploying trade tools to advance national security and industrial policy objectives.

On January 14, 2026, the White House issued Presidential Proclamation 11002 (the “Proclamation”) and an accompanying Fact Sheet adopting

Continue Reading A Month in Semiconductor Policy: Section 232 Measures, BIS Rule, and Taiwan Deal Signal Strategic Push

On January 21, 2026, the FCC’s Media Bureau released a Public Notice providing new guidance on how it will evaluate whether broadcast television stations have triggered an obligation to provide “equal opportunities” to political candidates under Section 315 of the Communications Act.  

The FCC’s equal opportunities rule generally says that if a station gives one legally qualified candidate free airtime, it usually has to offer comparable airtime to the other candidates running for the same office unless an exemption applies. To avoid discouraging general news coverage, Congress created several exemptions to this rule—one of the most commonly used being the exemption for bona fide news interviews.  In its new guidance, the FCC signals a more restrictive view of the bona fide news exemption, particularly in the context of late‑night shows, daytime talk shows, and other hybrid news‑entertainment formats.Continue Reading FCC Issues Guidance Focused on Candidate Appearances on Talk Shows

On January 13, 2026, the U.S. Commerce Department, Bureau of Industry and Security (“BIS”) issued a final rule, titled Revision to License Review Policy for Advanced Computing Commodities (the “BIS Rule”), that implements a more favorable license application review policy for exports from the United States of certain advanced computing

Continue Reading U.S. Commerce Department Revises License Review Policy for Exports of Certain Advanced Computing Commodities to China and Macau

In 2024, the Federal Communications Commission (FCC) issued fines to four major telecommunications carriers—Verizon, AT&T, Sprint, and T-Mobile—for allegedly failing to protect the geolocation data of their subscribers, which the FCC claimed violated its Customer Proprietary Network Information (“CPNI”) rules. To challenge the action, all four carriers had to first pay the fines, which they did.  They then petitioned for review of the FCC’s decision in various U.S. courts of appeals, arguing that the FCC’s procedure for adjudicating monetary fines violated their right to a jury trial as guaranteed by the Seventh Amendment. Verizon sought relief in the Second Circuit, T-Mobile (which had merged with Sprint) sought relief in the D.C. Circuit, and AT&T sought relief in the Fifth Circuit.

The Second Circuit and the D.C. Circuit held in favor of the FCC, rejecting the carriers’ argument that the FCC violated their Seventh Amendment rights. But the Fifth Circuit reached a different conclusion, holding that the FCC’s procedure did in fact violate AT&T’s right to a jury trial. The FCC (which lost in the Fifth Circuit) and Verizon (which lost in the Second Circuit) each has filed a petition for certiorari at the Supreme Court.

With a 2-1 federal circuit split and two certiorari petitions pending, some are predicting that there is a good chance that the Supreme Court will decide to consider the appeals. The dispute raises a fundamental question about the FCC’s authority to impose monetary penalties through its in-house administrative enforcement procedures. If the Supreme Court grants certiorari, it will be called upon to determine whether the Communications Act violates the Seventh Amendment by authorizing the FCC to order the payment of monetary penalties for violations of the Act, without guaranteeing the right to a jury trial. The resolution of this dispute thus could have significant implications for how the FCC enforces the law against telecommunications carriers and other entities subject to its jurisdiction.

Both petitions for certiorari have been distributed for a January 9, 2026 conference.Continue Reading FCC Privacy Enforcement May Face More Constitutional Scrutiny: Supreme Court Review of FCC CPNI Fines Sought Amid Circuit Split

On December 19, New York Governor Kathy Hochul (D) signed the Responsible AI Safety & Education (“RAISE”) Act into law, making New York the second state in the nation to codify public safety disclosure and reporting requirements for developers of frontier AI models.  Prior to signing, Governor Hochul secured several

Continue Reading New York Governor Signs Frontier AI Safety Legislation

The European Commission (“Commission”) recently launched two stakeholder consultations under the EU AI Act. The first (see here), closing on 9 January 2026, relates to the copyright-related obligations for General Purpose AI (“GPAI”) providers under the AI Act and GPAI Code of Practice. The second (see here)

Continue Reading European Commission Launches Consultations on the EU AI Act’s Copyright Provisions and AI Regulatory Sandboxes

On December 11, President Trump signed an Executive Order on “Ensuring a National Policy Framework for Artificial Intelligence” (“AI Preemption EO”), the culmination of months of efforts by Republican lawmakers to assert federal primacy over AI regulation.  The AI Preemption EO, which follows the release of a draft version in

Continue Reading President Trump Signs Executive Order to Block State AI Laws

On December 1, the Washington State AI Task Force (“Task Force”) released its Interim Report with AI policy recommendations to the Governor and legislature. Established by the legislature in 2024, the Task Force is responsible for evaluating current and potential uses of AI in Washington and recommending regulatory and legislative

Continue Reading Washington State AI Task Force Releases AI Policy Recommendations for 2026

On September 24, 2025, Covington’s tech industry experts explored what legal teams, government affairs professionals, and business leaders at tech companies need to know during this pivotal period and offered insights into anticipated challenges and emerging opportunities in the year ahead. Eight Covington attorneys shared their insights during a 60-minute session moderated by Covington partner Holly Fechner. Key takeaways from the Forum are outlined below.Continue Reading Covington Tech Briefing Spotlight: Impact of Latest Policy Developments on the Tech Industry

The Commission has issued a call for evidence in relation to its 2026 evaluation and review of the Audiovisual Media Services Directive (“AVMSD”). 

The AVMSD came into force in 2010 and establishes the EU’s regulatory framework for audiovisual media services.  It governs the EU level coordination of national legislation on all audiovisual media, including traditional TV broadcasts and on-demand services.

The first review of the AVMSD was carried out in 2018 and resulted in the introduction of new provisions governing video sharing platforms.

Under Article 33 of AVMSD, the Commission is required to assess the impact and added value of the AVMSD and present an ex-post evaluation report, accompanied where appropriate by proposals for reviewing the Directive, by 19 December 2026.  This second review of the AVMSD is also part of the Commission’s commitments in the recently announced European Democracy Shield, which aims to foster the EU media sector to achieve stronger and more resilient democracies. Continue Reading The European Commission calls for evidence ahead of its 2026 evaluation and review of the Audiovisual Media Services Directive