FCC Lawyer Defends Digital Discrimination Rules Before Eighth Circuit

WASHINGTON, Sept. 25, 2024 – The Federal Communications Commission defended its digital discrimination rules in the U.S. Court of Appeals for the Eighth Circuit on Wednesday, facing legal challenges from industry groups who argue that the agency has overstepped its authority.

The FCC’s rules, mandated by Section 60506 of the Infrastructure Investment and Jobs Act supported by President Joe Biden, directed the agency to prevent Internet Service Providers from implementing practices that disproportionately harm communities based on income, race, or other protected characteristics.

Jacob Lewis, associate general counsel for the FCC, argued that the best reading the IIJA supported addressing both intentional discrimination, known as disparate treatment, and unintentional discrimination, or disparate impact, by ISPs.