Net Neutrality and the DMCA

If Telcos start prioritizing traffic, it would suggest that they are packet sniffing. (The wiretaps would suggest something similar). This puts them in a psoition to lose common carriage protection under the DMCA. Under the Act, ISPs aren't responsible for the traffic over their network unless they are sniffing. This may open the gate to the RIAA and MPAA suing the Telcos OR the telcos curbing bittorrent and p2p traffic. [ This is just late night musings. Tim Lee at Cato disses the DCMA here].