> ISPs would de facto be discriminating based on gender, even when it is not explicit.

is discrimination based on preference a real thing that the law can protect you against? my understanding is that you cannot discriminate against things a person has little control over (race, gender, etc.)

i imagine you'd have to prove that preference discrimination was being used specifically as a proxy for the others to have any legal footing and it's a steep hill to climb because some preferences can be more expensive to deliver than others, too.