Los Angeles Becomes First US City to Outlaw Digital Discrimination
Last week, the city council in Los Angeles, Calif. passed a motion banning “digital discrimination,” which is when internet service providers (ISPs) inequitably deploy high-speed internet connections or disproportionately withhold the best deals for their services from racially or socio-economically marginalized neighborhoods.
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Los Angeles has become the first city in the US to pass a motion outlawing digital discrimination by internet service providers (ISPs). This discrimination occurs when ISPs unfairly deploy high-speed internet connections or withhold the best deals from marginalized communities based on race or socio-economic status. The legislation, authored by Councilmember Marqueece Harris-Dawson, allows members of the public to submit complaints of digital discrimination, which will be investigated by the city's Civil, Human Rights and Equity Department. The department is also required to collect demographic information and report on any trends.
The Bureau of Street Lighting has been instructed to provide a report on the work the city has done to address the digital divide. Councilmember Harris-Dawson emphasized the importance of affordable broadband access for everyone and stated that no one should be charged more based on their neighborhood. The legislation aims to push for equity in all areas and promote fair access to broadband internet.
This move by Los Angeles follows an investigation conducted by The Markup in 2022, which found that ISPs such as AT&T, Verizon, EarthLink, and CenturyLink were offering slower internet service to lower-income and predominantly non-White neighborhoods for the same price as faster connections provided to other areas. AT&T, for example, was significantly more likely to offer slow service to households in L.A.'s poorest neighborhoods compared to wealthier areas. The legislation seeks to address the disparity in internet service quality and pricing across different neighborhoods.
Dollars to Megabits, You May Be Paying 400 Times As Much As Your Neighbor for Internet Service
Studies have shown that industry pricing practices worsen the digital divide by making internet access unaffordable for low-income communities. An investigation by The Markup in 2022 revealed that ISPs in several US cities, including Los Angeles, were offering high-speed broadband connections for the same price as slower connections in different neighborhoods within the same city. This disproportionately affected lower-income and historically marginalized neighborhoods.
The investigation found that AT&T, Verizon, EarthLink, and CenturyLink were offering slower internet service to households in L.A.'s poorest neighborhoods, while providing faster and reliable service to wealthier areas. This practice contributes to the digital divide and limits the ability of marginalized communities to fully participate in modern society.
Charter Communications, L.A.'s dominant cable provider, was also found to engage in similar conduct by offering slower service at higher prices to higher poverty neighborhoods. The company was offering longer promotional periods with guaranteed prices in wealthier communities, while only providing one-year promotional offers in high-poverty areas. These disparities in service and pricing further exacerbate the digital divide.
Addressing the Digital Divide and Discrimination
The legislation passed by Los Angeles city council aims to close the digital divide and ensure equitable access to fast, reliable, and affordable internet. It acknowledges the need to address the disparate outcomes of provider decisions, regardless of intent. By incorporating the Federal Communication Commission's (FCC) definition of digital discrimination, the city officials seek to prevent actions that differentially impact consumers' access to broadband internet based on income level, race, ethnicity, color, religion, or national origin.
Digital Equity LA, a coalition of 70 nonprofit organizations, supported the adoption of the FCC's standard in the city's enforcement process. According to the coalition, tackling digital discrimination is a necessary action to ensure digital equity, although more actions are needed. The FCC's definition allows for finding actions discriminatory even if the intent was not explicitly discriminatory, as long as the decision made by the ISP caused differential impact among groups.
Despite some controversy, including opposition from advocacy groups representing ISPs, the legislation passed unanimously. Los Angeles now leads the way as the first city in the US to address digital discrimination at the local level and take steps towards digital equity for all its residents.
