Digital Discrimination Must Be Defined Based on Disparate Impact
WHEREAS, The National Association for the Advancement of Colored People ("NAACP") is a strong advocate for eliminating the digital divide, especially for African Americans. Equal access to broadband should be an essential right independent of social economic status, race, ethnicity, color, or age. Digital inequities must be prevented and eliminated regardless of intent; and
WHEREAS, Digital discrimination can be defined under the disparate impact standard as "[p]olicies or practices, not justified by genuine issues of technical or economic feasibility, that differentially impact consumers' access to broadband internet access based on their income level, race, ethnicity, color, religion, or national origin;" and
WHEREAS, Digital discrimination can alternatively be defined under the disparate intent standard as "[p]olicies or practices, not justified by genuine issues of technical or economic feasibility, that are intended to differentially impact consumers' access to broadband internet access service based on their income level, race, ethnicity, color, religion, or national origin;" and
WHEREAS, Telecommunication companies have historically utilized the disparate intent standard to avoid accountability for unintentional discrimination that causes a disparate impact, which has resulted in adverse consequences like digital redlining and price inconsistencies that have not been easily redressable; and
WHEREAS, In November 2023, the Federal Communications Commission ("FCC") adopted a rule prohibiting all digital discrimination based on either disparate intent or disparate impact. This will be beneficial to underserved communities to help close the digital divide because it will hold telecommunications companies liable for any actions resulting in disparate impact, regardless of intent; and
WHEREAS, The NAACP commends the FCC for adopting its definition of digital discrimination based on disparate impact or intent because disparate intent is nearly impossible to prove.
THEREFORE, BE IT RESOLVED, the NAACP calls upon Congress and the FCC to continue to pass laws, adopt rules, and take all other actions necessary to close the digital divide for all Americans.