Comcast should have been up front with their customers about screwing with BT traffic. However they have apparently corrected that by making changes to their AUP. I think that as long as they are doing the "All or None" approach they will stay out of trouble. Once they get into screwing with specific destinations like screwing with a competing VoIP provider they are in a lot of trouble.
Perhaps this was a way to test the waters to see what would happen.