The Digital Trade Promotion Act of 2025 authorizes the President to negotiate digital trade agreements with trusted international partners, focusing on key provisions like free cross-border data flows, prohibitions on discriminatory taxes for digital services, and protection against forced technology transfers. These agreements would directly benefit U.S. businesses, workers, and small-to-medium enterprises in the digital economy by removing trade barriers for digital goods and services. The bill also establishes congressional oversight requirements, including 60-day notice before negotiations begin, a detailed report before signing, and a 30-day review period during which Congress can disapprove an agreement via a joint resolution. It emphasizes aligning digital trade rules with U.S. values like privacy, cybersecurity cooperation, and an open internet, without creating new domestic regulations.
The NO FAKES Act of 2025 establishes legal rights for individuals to control how their voice and visual likeness is used in AI-generated digital replicas. It defines "digital replicas" as highly realistic computer-generated representations that are readily identifiable as an individual's voice or appearance, granting individuals (and their heirs) the right to authorize or prohibit such uses. The law creates liability for unauthorized use of digital replicas or distribution of products designed to create them without authorization, while providing safe harbors for online services that follow specific procedures for handling claims. It preempts state laws regarding voice and visual likeness rights in digital replicas (with limited exceptions) and establishes a 10-year post-mortem right that can be renewed for additional 5-year periods if there's active public use.
This resolution expresses the Senate's opposition to foreign entities, specifically referencing the European Union's Digital Services Act (DSA), attempting to censor or penalize constitutionally protected speech by U.S. persons. It directly affects U.S. citizens' free speech rights and U.S. technology companies (like X) operating in the U.S., which face EU fines under the DSA for content moderation practices. Key provisions state the Senate disapproves of foreign attempts to force U.S. entities to adopt censorship measures or levy penalties for speech protected under the First Amendment. The resolution condemns the EU's enforcement actions, including a $140 million fine against X, as conflicting with U.S. constitutional principles. It is a non-binding statement of opposition, not a new law.
The Modernizing Government Technology Reform Act requires federal agencies to identify and report high-risk legacy information technology systems to the Federal Chief Information Officer. The Federal CIO must then compile and prioritize a list of the top 10 critical systems needing modernization, reporting this to Congress annually. Agencies can use dedicated fund money to upgrade outdated systems, enhance cybersecurity, or improve efficiency, but must repay funds to maintain the fund's operational balance until 2032. The bill also prohibits funding for projects with fraudulent or misleading information about technical design, business cases, or project management.
This bill requires 16 major federal agencies (including Defense, Health, Homeland Security, and Social Security) to report to Congress within 120 days of enactment on whether they have implemented electronic consent systems as mandated by 2020 OMB guidance (M-21-04). The report must confirm implementation status or detail delays, justifications, and timelines for compliance. It directly affects agencies handling personal data under the Privacy Act by enforcing existing requirements for electronic identity proofing, consent templates on websites, and electronic consent acceptance. The bill focuses on accountability for current OMB guidance, not creating new rules.
HR 2805, the PLAN for Broadband Act, requires the federal government to create a National Strategy to Close the Digital Divide within one year of enactment. This strategy must coordinate all federal broadband programs, streamline permitting for infrastructure installation on federal property, and reduce administrative burdens for state, local, and Tribal governments participating in these programs. The bill mandates a follow-up Implementation Plan within 120 days, including accountability measures, common data standards for funding, and regular congressional briefings. The strategy and plan aim to reduce program duplication, improve efficiency, and address gaps in broadband access, particularly for underserved communities and Tribal lands, with oversight from the Government Accountability Office.
The TERMS Act (S 2010) requires online service providers (like social media platforms, apps, and websites requiring user accounts) to clearly disclose their acceptable use policies and provide advance written notice before restricting user accounts. Specifically, providers must explain prohibited actions, enforcement methods, appeal options, and how outside activities (e.g., social media posts) might lead to account restrictions. They must also publish annual reports detailing how many users were restricted, by what policy violation, and how many appeals succeeded. These requirements aim to increase transparency for users and promote informed choices about online services.
