That definition disallows QoS based on the ISP knowing-what's-best-for-you I don't think it would preclude an ISP offering "we'll treat your packets either as

That definition disallows QoS based on the ISP knowing-what's-best-for-you I don't think it would preclude an ISP offering "we'll treat your packets either as high-bandwidth high-latency, or low-bandwidth low-latency, based on tags you set". Which, I think, is preferable anyway, because the user probably has a much better idea of whether they want a little bit of data, reliably fast (voip, video games), or a lot of data, whenever it arrives (netflix, downloads, etc.). If the ISP is trying to guess, based on destination IP, port, or packet inspection, they'll often get it wrong. Especially if the destination IP is a VPN, the port is non-standard, or the packet is encrypted. I also don't think it precludes an ISP offering better throughput or latency to a directly-connected customer who pays more.