Of course it is - unless we’re going by the relevant RFC, in which case we can simply define it as traffic with the evil bit set ;) But net neutrality is, in it

Of course it is - unless we’re going by the relevant RFC, in which case we can simply define it as traffic with the evil bit set ;) But net neutrality is, in its essence, a subjective term. At the end of the day, it would be down to the courts as the final arbiters of what is malicious or not, should it come to that.