Essentially, if it is not encrypted, corporations can fight for regulation to increase the barrier to entry for rival products and services, and we know they will. If it is encrypted, such regulations are futile.
But only the non-paying corporations have an incentive to encrypt. The ones that pay will either not encrypt, or they'll attach some kind of tag to the ISP saying where the packet comes from. ISPs can safely assign all encrypted, non-tagged packets to the slow lane.
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Essentially, if it is not encrypted, corporations can fight for regulation to increase the barrier to entry for rival products and services, and we know they will. If it is encrypted, such regulations are futile.
But only the non-paying corporations have an incentive to encrypt. The ones that pay will either not encrypt, or they'll attach some kind of tag to the ISP saying where the packet comes from. ISPs can safely assign all encrypted, non-tagged packets to the slow lane.