said by SuperWISP:Attempting to use latency measurements for the purpose of congestion management is an interesting idea, but it fails in practice because latency is caused by more factors (average packet size, packet rate, etc.) than just congestion.
What's worse, uTorrent doesn't address a fundamental problem: P2P, even if throttled, is still fundamentally a mechanism which is used to shift bandwidth costs from content providers to ISPs' last miles, multiplying those costs as much as a hundredfold in the process. No ISP should allow P2P on its network unless the content provider (or the customer, if it really wants to donate that much money to the content provider) is paying for the full cost of the upstream server bandwidth.
I think it's well established how much you dislike your customers using the bandwidth you sell them due to the extortionate price you pay for backhaul. ISPs know how much bandwidth they want to allocate customers in both directions and control usage as they need to.