Even though there were no explicit rules requiring something, there were nevertheless unofficial norms that were followed. If (almost) everyone does something without a rule, then making a rule is pointless. But when you get enough people skirting those norms, it then becomes necessary to codify them. For instance, the Special Prosecutor law that Ken Starr operated under was put in place in the wake of Watergate and the Saturday Night Massacre, when it became clear that the understanding that a special prosecutor should be protected from firing upon executive whim.
But when you get enough people skirting those norms, it then becomes necessary to codify them.
Is that what was happening, because if so it was never made clear to me. The first I remember this coming up was with the internet "lanes." AFAIK, again tell me where I'm wrong here please, there was nothing preventing an ISP from creating a "fast lane" before 2015.
Hasn't actually happened, no. The closest thing was some deal between YouTube and MetroPCS, though competing streaming services didn't have the technology required implemented and MetroPCS said they would add other sercices once that happened.
I'm very shaky on the details there, so don't take my word for it.
Before 2015, there was really nothing stopping them from doing it aside from consumer outrage. But as time goes on, large ISPs have been making more and more noise about "internet fast lanes". There have been several incidents of them throttling sites like Netflix in secret. So while they previously adhered to defacto-net-neutrality via informal gentlemen's agreement, the likes of Comcast are no longer acting like gentlemen.
Without net neutrality, it will get worse. Especially since ISPs are also cable and phone companies who are justifiably worried about how the internet is increasingly affecting their cable and phone revenue.
