A broadband Internet access service provider would be prohibited from preventing users of its broadband Internet access service from--
(1) sending and receiving lawful content of their choice;
(2) running lawful applications and using lawful services of their choice; and
(3) connecting their choice of legal devices that do not harm the network or service, facilitate theft of service, or harm other users of the service
Discriminating against torrent traffic can be like racial profiling. A protocol is not an intent.
If you do want profiling, perhaps consumers running Windows should pay a higher fees and be given less bandwidth since those customers have higher support costs and have the machines most used for DDOS attacks, sending spam/scam and other foul behavior.
Windows machines harm the network. If a customer wishes to configure his router to share the bandwidth he's paid for, that's not theft of service. (Also read the F.C.C. notices included with U.S. routers - they don't own spectrum)