FCC Should Adopt Intent-Based Digital Discrimination Rules: FSF

The FCC should adopt an intent-based definition of digital discrimination to avoid "imposing liability for unintended differences in broadband access outcomes," said an analysis Tuesday by Seth Cooper, Free State Foundation director-policy studies. The Infrastructure Investment and Jobs Act mandated the agency to adopt rules combating digital discrimination by Nov. 15 (see 2302220045). Cooper warned that a disparate impact standard would "create uncertain legal risks for broadband providers and reduce investments in service deployments." The law gave the FCC "clear authority" to prohibit "intended discrimination against protected classes," he said, allowing the commission to "hold broadband providers responsible for their actions and promote timely deployment of broadband networks to all."