EFF: T-Mobile's Binge On is throttling video streaming speeds

Today, the Electronic Frontier Foundation (EFF) also went after T-Mobile and Binge On. The organization confirms that T-Mobile is lowering the data speed of all HTML5 video streamed by its customers, not just those available with Binge On. EFF ran a series of tests using the same phone, during the same time of day, and made sure that there was a good 4G LTE connection at all times. Each test was run twice, one using an HTTP connection which allowed T-Mobile's network to recognize the video content and optimize it. The other test was dome using an HTTPS connection which prevented the network from optimizing the stream.
EFF says that T-Mobile should stop throttling the streaming speeds of providers who did not sign up for Binge On (like YouTube, for example). Another suggestion is to make subscribers opt in to receive Binge On, with the carrier disclosing that all videos streamed using the feature are throttled.
Lastly, the EFF suggests that the FCC investigate. The agency already has Binge On in their crosshairs (along with features provided by AT&T and Comcast) and the EFF says that what T-Mobile is doing results in "significant consumer harm."
"In the meantime, if T-Mobile doesn’t change its behavior then it’s up to the FCC to follow up. After all, the net neutrality rules aren’t just words on a piece of paper—they’re regulations meant to protect Internet users from precisely this sort of abuse of power by ISPs. We believe the FCC should regulate lightly, but our research suggests this is a significant consumer harm that runs afoul of well-established open internet principles. The FCC can and should step in and hold T-Mobile accountable."-EFF
source: EFF via FierceWireless