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Internet providers have attempted to throttle traffic by type or by user (Comcast in 2007), have imposed arbitrary and secret caps on data (AT&T 2011-2014), hidden fees that had no justification or documentation (Comcast in 2016), and tried to give technical advantages to their own services over those of competitors (AT&T in 2016). These attempts were only revealed in retrospect once they were discovered and lawsuits filed. If the deterrents those lawsuits provided eventually had been part of preemptive rulemaking then these practices would never have been attempted at all.
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