@RayfromTX
@ljpm
While you're mulling over that, let me give you my answer. Hold on to your hat because this is going to blow your mind. LJPM this is also answering the question "except when..." I'm trying to get you guys to think about this yourselves so I'm being a bit cryptic about it, perhaps.
.....Spoiler alert..... Read this once you think you have it figured out.
Ever since the Bush administration tried to give legal grounding for the NSA's illegal drag-net style spying on the internet the executive and the judiciary have been at odds with one another.
In my opinion net neutrality is a front to redefine ISP's as telecom style providers (a utility) under the 1934 telecommunications act in order to allow for defining internet traffic in the same way as point to point telephony traffic.
Bush tried arguing this case in order to allow for the continuation of "the program" and it led to, among other things, the resignation of the Attorney General when he refused to sign it. Bush had some low level legal adviser at the White House sign the bill in order to give the the veneer of legitimacy but ultimately it isn't (legally) worth the paper it's printed on.
Obama inherited this mess from Bush but Obama, like Bush, decided that he had to continue "the program" of illegal spying in order to keep the **** at shoe level if another major terrorist attack took place. So since Bush the NSA has had no legal ground for doing what it does, but has been allowed to do so because the entire American political apparatus has turned a blind eye.
Enter net neutrality. The 1934 law allows for tapping telephony traffic under some circumstances without a warrant. By using net neutrality to define internet traffic as basically "the same kind of thing" as telephony traffic, which is the key thing defining the internet as a utility does, it allows Obama, behind the scenes and without any transparency, to tie off a legal loose end and give the NSA some grounding in law for the horrible and unethical drag net spying they do.
It did not surprise me in this context that the Netherlands were the first in Europe to do this after the American lead because the Netherlands has been the drooling lap dog of the Americans in Europe for some time and I'm sure the Americans gave them a nice belly rub for making it look like it was an "international" agenda and not just the Americans trying to put out a legal fire surrounding the NSA.
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By the way, I wrote that in main lines when net neutrality first appeared on the radar as well.
R..