freitasm: If your use of the Internet is for downloading copyrighted material, then your needs have a different level. For example, why should a provider arrange for content downloading to be fast, leaving other legal uses suffering because of the high bandwidth used by those illegal downloads?
Your entire post contained all fair points, but certainly I would rather my provider offered me a fixed offer of service, leaving it up to me to decide what I want to do with it.
Just because I have gigs of torrents coming down, doesnt mean its pr0n or copyrighted movies etc.
I think a better move would be to throttle *customers* that suck lots of bandwidth, at peak times only (i.e. you could have say an hour of full rate downloads at peak times before you were throttled to say, 512kbps. This would give everyone the opportunity to get on with what they want to do, and still leave a usable service for those with high needs.
Once the ISPs start saying "we are curbing illegal traffic with these restrictions", then they might become liable to *prevent* the illegal traffic to start with.
Yes, illegal traffic is the root cause (in my opinion) of the problems we will experience here, but is the ISP level the right level at which to solve that particular problem? I think not.