But should an ISP even be able to see what the connections they're offering are being used for? I guess they can at least see IP addresses even when it's a https connection.
What they could do it look at the target device. If a device have use X Mbit/s over the last Y seconds sustained, then just start throttling it until the sustained traffic stop and then un-throttle. In that case they don't need to look at the actual traffic, just how much you're generating. That would also hit all services equally.
I think people would mostly choose a cheaper shaped connection over a more expensive best effort connection, so I wonder if laws preventing shaping are a good idea.
(Laws requiring clear advertising and disclosure are a great idea...)
