"The FCC defined discrimination in broadband access as 'policies or practices, not justified by genuine issues of technical or economic feasibility, that differentially impact consumers' access to broadband Internet access service based on their income level, race, ethnicity, color, religion, or national origin or are intended to have such differential impact.'"
"The 8th Circuit judges said the FCC rule covered 'unintentional discrimination,' or disparate impact in which 'an entity maintains a facially neutral policy or practice or acts for a non-discriminatory reason, yet still disproportionally affects a protected group.'"
"Judges found that 'Congress did not authorize disparate impact liability' in the Infrastructure Investment and Jobs Act, the US law that authorized the FCC to impose digital discrimination rules."
The FCC's definition of broadband discrimination includes policies that unjustifiably affect access based on income, race, or other characteristics. These rules apply to broadband providers and entities like landlords. The FCC faced challenges from telecom and cable industry groups in six federal appeals courts, particularly in the 8th Circuit. The court noted that the rules addressed unintentional discrimination, where neutral policies disproportionately affect protected groups. However, judges concluded that Congress did not authorize disparate impact liability under the relevant law.
Read at Ars Technica
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