The FCC’s Digital-Discrimination Detour Hits a Dead End

In November 2023, the agency adopted a sweeping digital-discrimination rule that imported disparate-impact liability into the broadband market. It reached beyond internet-service providers to landlords, contractors, equipment makers, and almost anyone else who might “affect consumer access to broadband.” It also gave the FCC broad discretion to second-guess any “policy or practice” that produced statistical disparities—including pricing.