This is part of an ongoing series of Covington blogs on the AI policies, executive orders, and other actions of the Trump Administration.  The first blog summarized key actions taken in the first weeks of the Trump Administration, including the revocation of President Biden’s 2023 Executive Order 14110 on the “Safe, Secure, and Trustworthy Development and Use of AI” and the release of President Trump’s Executive Order 14179 on “Removing Barriers to American Leadership in Artificial Intelligence” (“AI EO”).  This blog describes actions on AI taken by the Trump Administration in February 2025.Continue Reading February 2025 AI Developments Under the Trump Administration

On Tuesday, March 11, 2025, in the first Senate Judiciary subcommittee hearing of the 119th Congress, the Senate Subcommittee on Crime and Counterterrorism held a hearing entitled “Ending the Scourge: The Need for the STOP CSAM Act.”  Subcommittee Chair Senator Josh Hawley (R-MO), who convened the hearing, and Ranking Member Dick Durbin (D-IL) announced in February that they intended to reintroduce the Strengthening Transparency and Obligations to Protect Children Suffering from Abuse and Mistreatment Act or “STOP CSAM Act”, a comprehensive bill that seeks to combat the online sexual exploitation of children.  First introduced in 2023, the Act did not receive a vote on the Senate floor last Congress, despite being unanimously advanced by the Senate Judiciary Committee. 

The STOP CSAM Act, as written in 2023, contains multiple provisions that would impose new requirements on online platforms.  The Act would:

  • Remove Section 230 immunity for civil claims against online platforms for CSAM-related harms;
  • Create a private right of action for victims to file civil lawsuits against online platforms that fail to timely remove CSAM material;
  • Create a Child Online Protection Board at the Federal Trade Commission that would be responsible for enforcing the removal of CSAM material and related images and authorized to fine platforms that fail to comply;
  • Remove technology companies’ discretion as to whether to report planned or imminent child sexual exploitation offenses of which the provider has actual knowledge;
  • Require that online platforms include certain additional information in NCMEC CyberTipline reports; and
  • Mandate that certain online platforms issue annual transparency reports related to child protection efforts.

Continue Reading Senate Judiciary Subcommittee Holds Hearing on the STOP CSAM Act

Since 2020, over 60 bills have been introduced in the Mexican Congress seeking to regulate artificial intelligence (AI). In the absence of general AI legal framework, these bills have sought to regulate a broad range of issues, including governance, education, intellectual property, and data protection. Mexico lacks a comprehensive national strategy or policy on AI. In April 2023, the Senate and civil society established the National Alliance for Artificial Intelligence (ANIA), a working group that developed standards and good practices to inform Mexico’s adoption of a national AI strategy. The United Nations Educational, Scientific and Cultural Organization (UNESCO) and the Organization for Economic Co-operation and Development (OECD) supported the group.

On February 19, 2025, Congressman Ricardo Monreal Ávila, head of the majority Morena parliamentary group, introduced a bill (in Spanish) to amend the Mexican Constitution, granting Congress authority to legislate on AI and adopt a General Law on the Use of AI. Similar to the U.S. system, the Mexican federal system requires that specific constitutional authority be granted to the federal congress to legislate on specific matters, and the states have residual authority. Without a clear delegation of authority, secondary AI legislation could be more easily challenged in the courts.Continue Reading New Artificial Intelligence Legislation in Mexico

Earlier this month, the House Energy and Commerce Committee released its oversight plan for the 119th Congress. Among other topics, the plan addresses priorities designed to ensure that technology and communications regulations keep pace with innovation, investment, and economic growth. The priorities described include:

  • Updating Communications Regulations. The Committee plans to assess whether outdated,
… Continue Reading House Energy and Commerce Committee Releases Oversight Plan for Technology and Communications Regulations

Since taking office, President Trump has issued dozens of executive orders, many addressing key technology policy areas that include international trade and investment, artificial intelligence (AI),  connected vehicles and drones, and trade controls.  Some of these executive actions reverse the previous administration’s efforts on these issues—such as the order revoking President Biden’s October 2023 executive order on Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence—and others initiate a formal review process, suggesting the Trump Administration will preserve, and perhaps strengthen or enhance, key tech policies implemented by the Biden Administration and the first Trump term.  

Several of the executive actions President Trump has taken so far offer important opportunities for stakeholders to weigh in with Executive Branch agencies as they consider next steps, including whether to revoke, expand, or retain tech policies initiated under President Biden. Key initiatives include: Continue Reading Flurry of Trump Administration Executive Orders Shakes Up Tech Policy, Creates Industry Opportunities

The European Commission first published a proposal for an AI Liability Directive (“AILD”) in September 2022 as part of a broader set of initiatives, including proposals for a new Product Liability Directive (“new PLD”) and the EU AI Act (see our blog posts here, here and here).

The AILD was intended to introduce uniform rules for certain aspects of non-contractual civil claims relating to AI, by introducing disclosure requirements and rebuttable presumptions.

However, unlike the new PLD and EU AI Act, which have both been adopted and have entered into force, the AILD has encountered stagnation and resistance during the legislative process.Continue Reading The Future of the AI Liability Directive

On November 8, 2024, the UK’s communications regulator, the Office of Communications (“Ofcom”) published an open letter to online service providers operating in the UK regarding the Online Safety Act (“OSA”) and generative AI (the “Open Letter”).  In the Open Letter, Ofcom reminds online service providers that generative AI tools, such as chatbots and search assistants may fall within the scope of regulated services under the OSA.  More recently, Ofcom also published several pieces of guidance (some of which are under consultation) that include further commentary on how the OSA applies to generative AI services.Continue Reading Ofcom Explains How the UK Online Safety Act Will Apply to Generative AI

On February 20, 2025, the European Commission’s AI Office held a webinar explaining the AI literacy obligation under Article 4 of the EU’s AI Act.  This obligation started to apply on February 2, 2025.  At this webinar, the Commission highlighted the recently published repository of AI literacy practices.  This repository compiles the practices that some AI Pact companies have adopted to ensure a sufficient level of AI literacy in their workforce.  Continue Reading European Commission Provides Guidance on AI Literacy Requirement under the EU AI Act

On January 29 – 31, 2025, Covington convened authorities from across our practice groups for the Sixth Annual Technology Forum, which explored recent global developments affecting businesses that develop, deploy, and use cutting-edge technologies. Seventeen Covington attorneys discussed global regulatory trends and forecasts relevant to these industries, highlights of which are captured below.  Please click here to access any of the segments from the 2025 Tech Forum.

Day 1: What’s Happening Now in the U.S. & Europe

Early Days of the New U.S. Administration

Covington attorney Holly Fechner and Covington public policy authority Bill Wichterman addressed how the incoming administration has signaled a shift in technology policy, with heightened scrutiny on Big Tech, AI, cryptocurrency, and privacy regulations. A new Executive Order on AI aims to remove barriers to American leadership in AI, while trade controls and outbound investment restrictions seek to strengthen national security in technology-related transactions. Meanwhile, the administration’s approach to decoupling from China is evolving, with stricter protectionist measures replacing prior subsidy-based initiatives.Continue Reading Covington Technology Forum Spotlight – The Great Race: Keeping Up as Technology and Regulation Rapidly Evolve

Recent reports suggest that the Federal Communications Commission (FCC) may be considering issuing an advisory opinion on Section 230 of the Communications Act.  Section 230, among other things, provides immunity to a provider of an “interactive computer service” from civil liability for third-party content posted on the provider’s site.  An advisory opinion could potentially play…

Continue Reading FCC Reportedly Considering Advisory Opinion on Section 230