Digital Discrimination: Los Angeles Becomes First City in the U.S. to Ban It
Estimated reading time: Approximately 5 minutes
- Historic Ban: Los Angeles is the first U.S. city to ban digital discrimination, aiming to make high-speed internet a fundamental right.
- Defining Discrimination: Digital discrimination involves internet service providers (ISPs) offering inferior service, higher prices, or less favorable terms to racially or socio-economically marginalized communities.
- Evidenced Disparities: Investigations by groups like The Markup have revealed how major ISPs, including AT&T and Charter, disproportionately offer slower, more expensive services to low-income and less White neighborhoods.
- Empowered Enforcement: The new LA ordinance empowers the city’s Civil, Human Rights and Equity Department to investigate complaints, aligning with the FCC’s definition that focuses on the disparate impact of provider decisions, regardless of explicit intent.
- Community Action: Individuals and communities are encouraged to report discrimination, advocate for similar local legislation, and support digital equity initiatives to ensure equitable broadband access nationwide.
- Unmasking the Digital Divide: What is Digital Discrimination?
- Real-World Impact: The Markup’s Investigation
- Los Angeles Takes a Stand: A Model for Digital Equity
- Empowering Communities: How to Combat Digital Discrimination
- Conclusion
- Take Action: Demand Digital Equity in Your Community
- Frequently Asked Questions (FAQ)
In a groundbreaking move that sets a new precedent for digital equity nationwide, Los Angeles has officially become the first city in the United States to enact a ban on digital discrimination. This landmark legislation directly confronts the systemic inequities in internet access that disproportionately affect marginalized communities, ensuring that high-speed internet is a right, not a privilege determined by zip code.
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. This decisive action positions Los Angeles at the forefront of the fight to bridge the persistent digital divide, recognizing reliable and affordable internet as fundamental for full participation in modern society.
Unmasking the Digital Divide: What is Digital Discrimination?
Digital discrimination isn’t just about a lack of internet access; it’s about the quality, cost, and availability of that access, often dictated by factors like race and income. It manifests when powerful internet service providers (ISPs) offer inferior service, higher prices, or less favorable contract terms to specific communities, even when better options are available to wealthier or predominantly White neighborhoods within the same city.
The core problem lies in practices that perpetuate a two-tiered system of internet service. As the new Los Angeles legislation articulates, “Studies demonstrate that providers systematically offer worse service – slower, delivered over older technology – to low-income communities at the same price that they offered fast, reliable service to higher income communities.” This creates a significant barrier to education, healthcare, economic opportunity, and civic engagement for those already struggling.
Real-World Impact: The Markup’s Investigation
Concrete evidence of this disparity has been brought to light by various investigations. In 2022, The Markup published a detailed investigation revealing how ISPs in 38 U.S. cities, including major players like AT&T in Los Angeles, were selling sluggish broadband connections at the same price as high-speed ones to different households in the same urban areas. This wasn’t random; the pattern consistently showed that lower-income, less White, and historically redlined neighborhoods bore the brunt of these unequal offerings.
Specifically, The Markup’s findings indicated that AT&T was 21 percentage points more likely to offer slow service to households located in L.A.’s poorest neighborhoods compared to the city’s richest areas. While an AT&T spokesperson dismissed the analysis as “fundamentally flawed,” the data highlighted a stark and concerning trend. Similarly, a report from the California Community Foundation concurrently pointed to Charter Communications, L.A.’s dominant cable provider, engaging in comparable practices. Their findings revealed that “People who live in higher poverty neighborhoods are not only routinely offered slower service at higher prices, but are offered contracts with worse terms and conditions.” Charter, too, denied the report’s conclusions, calling it “intentionally misleading.”
These reports underscore the urgent need for robust regulatory frameworks that hold ISPs accountable for their pricing and deployment strategies, irrespective of whether the intent to discriminate is explicit. The focus must be on the disparate outcomes experienced by vulnerable communities.
Los Angeles Takes a Stand: A Model for Digital Equity
The legislation, championed by Councilmember Marqueece Harris-Dawson, significantly expands the city’s capacity to investigate and address various forms of discrimination, now explicitly including digital disparities. Councilmember Harris-Dawson emphasized the critical importance of this initiative, stating, “It’s so important for everyone to have broadband access for full participation in modern society and no one should be charged more based on their neighborhood. This is a big win and we’ll keep pushing equity on all fronts forward!“
Under the new ordinance, the city’s Civil, Human Rights and Equity Department will be empowered to investigate complaints of digital discrimination. This department is tasked with collecting demographic data from complainants and reporting on any emerging trends, providing crucial insights into the problem’s scope and nature. Furthermore, the Bureau of Street Lighting will deliver a comprehensive report detailing the city’s efforts to close the digital divide, ensuring transparency and accountability in ongoing initiatives.
A crucial aspect of Los Angeles’s approach is its alignment with federal standards. Although the city had not previously codified a definition for “digital discrimination,” the new legislation strongly recommends adopting the Federal Communication Commission’s (FCC) definition. Last November, the FCC approved national rules prohibiting digital discrimination, defining it as: “Policies or practices, not justified by genuine issues of technical or economic feasibility, that (1) differentially impact consumers’ access to broadband internet access service based on their income level, race, ethnicity, color, religion, or national origin or (2) are intended to have such differential impact.“
This FCC definition is vital because it allows for actions to be deemed discriminatory even if direct intent to harm specific groups cannot be proven. Instead, it focuses on whether an ISP’s decisions lead to differential impacts on various groups. Digital Equity LA, a coalition of 70 nonprofit organizations, strongly advocated for the city to incorporate this FCC standard, asserting that “To close the digital divide and ensure equitable access to the fast, reliable, and affordable internet necessary to access education and health care and to fully participate in the City’s economic opportunities and civic life, we must address the disparate outcomes of provider decisions (regardless of whether providers intended those outcomes).“
While the Los Angeles legislation passed without a dissenting vote, it did face some opposition. The Central City Association of Los Angeles, an advocacy group representing businesses and professional associations (including AT&T and Charter), urged the city to concentrate its digital inclusion efforts elsewhere. Central City Association President & CEO Nella McOsker suggested that “City resources would be more prudently used by focusing on the areas that the FCC advised in their best practices for states and localities, such as digital education, affordability programs and device availability,” rather than “duplicating the FCC’s system.” However, the city council ultimately recognized the unique value of local enforcement and oversight.
Empowering Communities: How to Combat Digital Discrimination
Los Angeles’s pioneering step offers a blueprint for other municipalities and empowers residents to demand equitable internet access. Tackling digital discrimination requires a multi-faceted approach involving vigilance, advocacy, and community support.
1. Report Digital Discrimination Complaints to Local Authorities
If you suspect that your neighborhood is receiving inferior internet service or disproportionately high prices compared to other areas in your city, speak up. In Los Angeles, residents can now submit complaints to the city’s Civil, Human Rights and Equity Department. For those in other cities, research your local government’s consumer protection or civil rights offices to understand their complaint processes. Document everything: prices, speeds offered, dates, and comparisons with services in other neighborhoods.
2. Advocate for Local Legislation and Enforcement
Los Angeles has demonstrated that local action can complement federal efforts. Encourage your city council members and local government to explore similar legislation that explicitly defines and bans digital discrimination. Share studies and reports illustrating disparities in your community and highlight the economic and social benefits of ensuring equitable broadband access for all residents. Organize community groups to present a unified voice to local policymakers.
3. Support and Engage with Digital Equity Initiatives
Many non-profit organizations and community coalitions are actively working to close the digital divide. Groups like Digital Equity LA played a crucial role in pushing the Los Angeles legislation forward. Support these organizations through volunteering, donations, or simply by participating in their awareness campaigns. These groups often provide valuable resources, digital literacy training, and advocate for device access and affordability programs that are vital components of comprehensive digital equity strategies.
Conclusion
Los Angeles’s decision to ban digital discrimination is a monumental step forward in the ongoing quest for digital equity. By explicitly codifying this type of discrimination and establishing mechanisms for investigation and enforcement, the city is not only protecting its residents but also sending a powerful message to internet service providers: equitable access to high-speed internet is a fundamental right that will be defended at the local level.
This initiative represents more than just a regulatory change; it signifies a commitment to social justice and economic inclusion. As other cities look to Los Angeles’s example, the hope is that this pioneering legislation will spark a nationwide movement, ensuring that every community, regardless of socio-economic status or racial makeup, has the fair and affordable broadband access essential for thriving in the 21st century.
Take Action: Demand Digital Equity in Your Community
Inspired by Los Angeles’s leadership? Learn more about digital equity initiatives in your area, contact your local representatives to advocate for similar protections, and help ensure that fair and fast internet access is available to everyone. Your voice can make a difference in closing the digital divide!
Photo by Cedric Letsch on Unsplash
Frequently Asked Questions (FAQ)
- What is digital discrimination?
Digital discrimination refers to practices by internet service providers (ISPs) that lead to unequal access, quality, or pricing of high-speed internet based on factors like income, race, or ethnicity. This often results in marginalized communities receiving inferior service or higher costs compared to more affluent areas. - How has Los Angeles addressed digital discrimination?
Los Angeles has become the first U.S. city to enact a ban on digital discrimination. This landmark legislation empowers the city’s Civil, Human Rights and Equity Department to investigate complaints and hold ISPs accountable for practices that create digital inequities. - What is the FCC’s definition of digital discrimination?
The Federal Communication Commission (FCC) defines digital discrimination as “Policies or practices, not justified by genuine issues of technical or economic feasibility, that (1) differentially impact consumers’ access to broadband internet access service based on their income level, race, ethnicity, color, religion, or national origin or (2) are intended to have such differential impact.” This definition allows for action based on disparate outcomes, not just explicit intent. - How can I report digital discrimination?
In Los Angeles, residents can submit complaints to the city’s Civil, Human Rights and Equity Department. In other cities, you should research your local government’s consumer protection or civil rights offices. It’s crucial to document details like prices, speeds offered, dates, and comparisons with services in other neighborhoods. - What role do local governments play in digital equity?
Local governments, like Los Angeles, can play a critical role by enacting their own legislation to define and ban digital discrimination, complementing federal efforts. They can establish local enforcement mechanisms, investigate complaints, and advocate for policies that ensure fair and affordable broadband access for all residents, regardless of their community’s demographics.
