What should be outside net neutrality laws are protocols that leave the customer and applications in control. There is nothing wrong with using Resource ReSerVation Protocol (RSVP), DSCP and IPv6 flow labels to get QoS that differ from the dumb pipe. Many future applications require it.
- Online games might want to request low lag.
- Streaming services might want constant bandwidth with less strict lag requirements.
- File downloads might be OK with bursts and pauses as long as the best effort throughput is good.
- Safety-critical applications like, robot cars, remote surgery or emergency messaging, need guarantees that discriminate against other uses.