"The episode has also renewed attention to whether Binge On is permissible under the FCC net neutrality rules. But so far, even after the EFF controversy, legal experts have been reluctant to characterize the T-Mobile as illegal.
This assessment is consistent with what Barbara Van Schewick, a net neutrality authority at Stanford Law School, told Fortune last month in an interview about free data offers.
Van Schewick considers Binge On to be in a “grey area” when it comes to the FCC’s rules, but she also fears the program could serve as a Trojan Horse for other carriers that want to push the envelope even further.
These include Verizon, which announced a planned “sponsored data” program in December that would involve content companies paying to fall under a data-exemption umbrella. The company has been mum about details but, according to Van Schewick, such a pay-for-access scheme would fall afoul of the FCC’s general conduct rules."