Pre-emptive war: Good idea.
Pre-emptive regulation of the Interent: Bad idea.
On the other hand, this congresscritter does have a good point here.
"In fact, any significant discriminatory behavior on the part of broadband service providers (BSPs) would generally be financially counterproductive considering that BSPs make more money by carrying more traffic."
Look at all the people who were crying foul when BellSouth supposedly blocked MySpace and YouTube in Florida. I suspect a number of customers switched to cable after that. The potential for customer revolts may be enough to keep the BSPs in line. AOL's "walled garden" didn't work. Neither will AT&T's.