[manicpolymath]

I think the bigger problem isn’t so much the traffic type as it is traffic destination. As long as there are only a few hosts or domains providing speed test services (and there always will be: upload speeds are expensive) ISPs will be able to whack-a-mole with their whitelists.

I’d say that this needs some sort of regulation, but as long as ISPs are the gatekeepers, they can cheese $Government all day long too. This word gets overused perhaps, but the closest I can come up with is a decentralized monitoring setup with random speed test hosts (especially hosted @home style). Care would have to be taken to avoid how-are-these-still-legal data caps though.