Ahh, the new doctrine of preemption. Biden on Net Neutrality
Others on the committee questioned the need for "preemptive" action against a problem they're not convinced exists. If the discrimination that Net neutrality advocates fear does occur, such a public outcry will develop that "the chairman will be required to hold this meeting in this largest room in the Capitol, and there will be lines wandering all the way down to the White House," said Delaware Democrat Joseph Biden.
And from profiles in courage department of the same article ...
[Arlen] Specter, for one, indicated that he would prefer looking at the issue on a "case-by-case" basis rather than issuing a "general rule" about what network operators can and cannot do--an approach favored by Internet companies. He said it may be more productive to negotiate less formal "standards" for network access with the players involved because writing new laws is "extraordinarily difficult, candidly, when you have the giants on both sides of these issues."
Just a lil' ole' senator.
Truly, isn't this the worst of all worlds from any sort of reasonable efficient markets and predictability perspective? Having Congress come in on a "case-by-case" basis to judge the various ways in which the telcoms might choose to block, degrade or extract fees for various kinds of online content?