While its nice to think that the Constitution prevents this kind of thing, it is generally ONLY applicable to criminal defense. You can still be indicted, arrested and jailed awaiting trial, and until you enter the courtroom this presumption of innocence doesn't event matter. You only get the benefit from this Constitutional right _AFTER_ you have been through all of the previous steps, so don't expect to pull out your laminated copy of the Bill of Rights as a shield.
In a civil matters, particularly a trial, you are not entitled to automatic presumption of innocence as a defense, and not even a tiny amount of deference is due to you in the exercise and enforcement of a contract you might have with your ISP.
About the only legal protection an individual might have is a class-action lawsuit alleging fraud against the ISP, and that's something that takes years to work its way up to the pain threshold of settlement or trial.
IANAL but this definitely seems to fall within Tortious Interference or similar acts which would serve to break the contract between you and your ISP. Then again there is probably a clause in your ToS which they will attempt to use to allow this based on their "need" to charge Netflix extra for network peering.
Don't forget to read your contract and notifications of change!
Ehh, a bit adhomenim for my tastes. TFA makes a bit point about how important "IP" is to the new outfit. In the CEO's own words "...people don't give us credit..." which is code for - we're not making enough money from selling hardware, and lookie here at all these wonderful patents we can use to generate licenses fees or sell as an asset.
Let the race to purchase their Patent portfolio begin!
Who might have enough cash to purchase the biggest stick in the phone wars? Apple or Samsung. Like the highlander it seems there can be only one... then again the Highlander kept having sequels so we might see this fight again and again (yuck).
Remember, UNIX spelled backwards is XINU. -- Mt.