Reject Disparate Impact Standard in Digital Discrimination: FSF
The FCC should reject "any form of disparate impact analysis" in its final rules on digital discrimination, said Free State Foundation in an analysis Friday (see 2207050057). The Infrastructure Investment and Jobs Act "requires an intent-based definitional standard for digital…
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discrimination," FSF said, noting the FCC was also directed to consider the issue of technical and economic feasibility. ISPs have "obvious financial incentives to maximize returns on their investments," the group said. There's "no evidence of intentional discrimination in broadband deployment on account of income, race, or ethnicity," FSF said, saying Congress and the FCC should "subsidize, on a targeted basis, buildouts to ensure equal access and take other properly targeted remedial measures."