They are not common carriers, but, they are given protection similar to common carrier in both the DMCA and certain other laws/regs that cover similar ground.

They are not common carriers, but, they are given protection similar to common carrier in both the DMCA and certain other laws/regs that cover similar ground. The protection is similar but the concept is completely different. Common carrier is based on providing a public or general service and, in return, being indemnified from certain damages. ISPs have no such requirements or responsibilities, they just have complete indemnity. You seem to think they have a responsibility to not discriminate. They don't. They never have. That's what net neutrality is trying to do, but until then they're basically free and clear.