The first thing I did after readings Orlowski's rather twisted article was to check to see if he was shill for cable networks; he is not. It seems he is a longtime Register columnist who has a history of trying to be an iconoclast. This is not the first time he has written something "outrageous."
Orlowski's arguments about packets and ISP intents is cuckoo. One does not have not have to know much about network management and packet traffic to know whether an ISP is violating new neutrality. One just needs to find contracts/offers that promise special treatment after paying special prices, especially if the contracting company chews bandwidth when delivering product to an ISPs retail customers. Hulu and Netflix are examples of such companies. One could also check whether an ISP actually delivered special treatment to some companies. However, ISPs do not have to actually deliver special treatment in order to violate net neutrality. They just have to make and to collect on the offer of special treatment.