Public Knowledge Lobbies FCC Staff on Digital Discrimination Rules
Public Knowledge urged the FCC to adopt a disparate impact standard in its rules combatting digital discrimination, in a meeting with the task force to prevent digital discrimination (see 2302220045). "There is no case law that suggests ... that disparate…
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impact on the basis of income discrimination would be unconstitutional," the group said in an ex parte filing posted Friday in docket 22-69. PK asked the commission to make the disparate impact standard severable if a court prohibits use of the standard on the basis of race. It also raised concerns about the rule applying to all ISPs in a service area, saying numerous ISPs have "suggested that as long as a single carrier is available in the area subject to digital discrimination, then all other carriers should be free to discriminate by refusing to serve the area."