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Jayapal, Goodlander Urge USTR to Revise USMCA Provisions that Hinder Regulation of Big Tech Monopolies

SEATTLE, W.A. — U.S. Representatives Pramila Jayapal (WA-07), a co-founder of the Monopoly Busters Caucus, and Maggie Goodlander (CT-02), a member of the Caucus, along with 15 of their colleagues are calling on U.S. Trade Representative (USTR) Jamieson Greer to revise the United States-Mexico-Canada Agreement (USMCA) to strike provisions that hinder Congressional oversight on monopolistic activity by Big Tech corporations. 

“Today, just a handful of companies—Amazon, Google, Apple, and Meta—control much of the internet infrastructure. They have achieved monopoly power by crushing and acquiring rivals, creating network effects, and leveraging vast amounts of user data to cement their dominant positions,” wrote the Members. “Their power allows them to gatekeep access to markets and information, harming workers, independent businesses, entrepreneurs, ordinary investors, consumers, journalists, and entire communities.”

During the negotiation of USMCA, Big Tech companies were able to include “digital trade” provisions as a means to avoid federal or Congressional oversight of their anti-competitive activities. USMCA included a requirement that its agreement must be reviewed every six years. In the 2026 review, the Members are specifically calling on three provisions to be revamped or eliminated:

  • Anti-Monopoly: Congress has proposed laws that impose structural and behavioral safeguards on Big Tech platforms. The USMCA prohibits government action that treats foreign digital products differently from domestic digital products. This provision is worded so broadly that it effectively prohibits the types of laws that Congress has proposed because those laws necessarily affect dominant firms concentrated in certain countries. 
  • Right-to-Repair and Artificial Intelligence: Congress and multiple states have proposed laws that give consumers, farmers, and small business owners the right to repair their own devices and equipment. They have also proposed laws that enable the auditing of artificial intelligence systems for accuracy, bias, and fairness. The USMCA prohibits access to source code and algorithms that are necessary to conduct these repairs and audits. 
  • Data Privacy: Congress, agencies, and multiple states have proposed many policies that protect Americans’ privacy. The USMCA undercuts these policies by banning governments from limiting data movement between countries or regulating where data may be stored. 

This letter is also signed by Becca Balint (VT-AL), Greg Casar (TX-35), Rosa DeLauro (CT-03), Christopher Deluzio (PA-17), Jerrold Nadler (NY-12), Jesús “Chuy” García (IL-04), Ro Khanna (CA-17), Summer Lee (PA-12), James P. McGovern (MA-02), Marc Pocan (WI-02), Delia Ramirez (IL-03), Mary Gay Scanlon (PA-05), Jan Schakowsky (IL-09), Rashida Tlaib (MI-12), and Paul Tonko (NY-20). 

This letter is endorsed by the American Economic Liberties Project, Public Citizen, and Tech Oversight Project. 

The full text of the letter can be read HERE. 

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