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Don't Consider Disparate Impact in Digital Discrimination Rules: FSF

The FCC shouldn't include disparate impact liability in any rules on digital discrimination, Free State Foundation's Randolph May and Seth Cooper blogged Wednesday. They said rules or best practices should instead "focus proactively on ways for state and local governments,…

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ISPs, and local communities to identify unserved or underserved areas and help get them connected." Intent is a "necessary element of digital discrimination," they said, noting the FCC's Communications Equity and Diversity Council "declined to define digital discrimination or urge disparate impact liability" in its report on digital discrimination (see 2211070060).