Er, but...
Let's say I run a dodgy ISP. I require you to use my DNS servers, so I block calls to 8.8.8.8 and 8.8.4.4 directly, thus I control your traffic*. So I filter NetFlix through a proxy that checks who you are. Do you pay the extra 5 simoleons a month for faster Netflix? No? Well my proxy limits you to 1mbps then. Do you pay the extra 5 simoleons a month for better Facebook? No? Well then my proxy limits you to 56K a second on Facebook.
Net neutrality isn't really about detecting magic kit that ISPs aren't using yet. It's about future proofing the law to prevent ISPs getting creative and installing ways to screw punters for another fiver a month for the "upgraded" service so they can watch cat videos on YouTube...
* Yes, simplified. It's just an example...
