I didn't see this answered anywhere.
Which is one of the many problems with legislation against technological innovation. There are ample examples of the US government doing things, like monitoring, to individuals that they legally can not do. But to protest that you are being monitored, you must first be aware that you are being monitored and at that time you can go to a judge, which is your write, and force the monitoring entity to justify their action or stop.
The problem is that no one tells you when you get a strike and when you are being monitored.
In fact government entities will often tell the ISP that it is against federal law to inform you that you are being monitored. Good luck finding out so you can assert your birth rights.
Its broken and broken bad. I can not think of a single instance where censorship is working effectively.
Look at Youtube, someone puts in a DCMA complaint against you, your content is taken out. The person who theoretically was offended is given adsense (a monetary value, rewarded) for lying. You spend 10 plus days fighting it, even though it should never have happened in the first place. Even if put back up, your momentum is stymied and the chance to get your content to more people is effectively prevented. After the fact, Google never goes back and penalizes the person/entity that censored you. They do not even put in place measures to prevent it from happening to you again, and again, and again.
This six strikes BS will not be any different.
As a friend of mine says, and we should all repeat as the reality of this thought is so obvious. "It is insane to assume that one every street, in every neighborhood, of every city block in every community, in every city, in every county there are torrent users stealing content. Yet the ISP, unless you have Fiber To The Home (FTTH) and a plan guaranteeing you the same bandwidth upstream as downstream...10Mb/10Mb; 50Mb/50Mb... 1Gb/1Gb, throttles every house on every street to below the FTC definition of broadband (768Kbps) 100% of the time.
My friends FTTH map: Less than 40 communities have FTTH where all the plans include the same bandwidth upstream as downstream. Hint: Not all of FIOS plans give you the same bandwidth upstream as downstream!
Importance: No incentive to throttle, which should remove any incentive to censor, your plan becomes your effective bandwidth restriction if if you some how use 10Mb upstream every second of every minute of every hour of every day you can move to the next largest bandwidth plan for a few extra dollars....think about that. Americans should have had this as of the year 2000, except for BS legislation like this designed to force you to pay more for less. Make no mistake, this is the real reason for this type of legislation.
Especially Cable providers. If you get a DD-WRT firmware installed firewall/router, you will see your upstream / downstream bandwidth in real time. You will NEVER see upstream bandwidth throughputs above 768Kbps, except during the Speed Test. Cable plans that provide 16Mb/2Mb normally throttle to less than DSL speeds(100Kbps/10Kbps or 200Kbps/20Kbps), in fact in most cases to less than 1/4 of DSL Speeds, especially upstream. Which means DSL is not only cheaper but faster, provides more bandwidth upstream than throttled cable service.
Even when I manage to get 10Mb downstream, my upstream is throttled to below 120Kbps. How is this not FRAUD? If 768Kbps is the minimum definition for BROADBAND, than upstream speeds below that level can NOT be considered BROADBAND.
And the reason for their throttling, those evil bit torrents that they lie and say are ONLY used to steal content. I bet not a single neighbor on my street has ever used a bittorrent...so why is my service throttled 24 hours a day, 7 days a week to less than BROADBAND speeds?
You will never see it answered anywhere because its a lie. It is not true. And they know it.