FSF's May: FCC Digital Discrimination Order a 'Consequential' and 'Troubling' Action

The FCC's digital discrimination order was "one of the most consequential agency actions of the year" in "troubling ways," Free State Foundation President Randolph May wrote in a Federalist Society blog Monday (see 2311150040). Preventing discrimination of internet access is "certainly worthy," May wrote, but the order is "one of the most far-reaching unwarranted power grabs in the agency's history." May warned that the FCC's disparate impact standard may rely on a "shaky foundation" and face legal scrutiny. The FCC's order "goes to extraordinary lengths to weaponize" the standard against ISPs, he noted.