I had trouble understanding this comment at first, I think you're comparing "net neutrality under this rule" with "no net neutrality required by law" (i.e., status quo), whereas the comment thread is, I think, comparing "net neutrality under this rule" with "net neutrality under an even stronger rule that does not have an exception for unlawful content".
That said, I'm really curious how preemption plays into this. For instance, if federal law is silent on the selling of some particular thing, and local law says that selling that thing is a crime, and there's a federal law that e.g. makes it a crime to interfere with "lawful" interstate commerce, and I interfere with you selling that thing, did I commit a federal crime? I can see arguments both ways that make sense to me as a layman, but I'm sure there's a standard answer to this.
That said, I'm really curious how preemption plays into this. For instance, if federal law is silent on the selling of some particular thing, and local law says that selling that thing is a crime, and there's a federal law that e.g. makes it a crime to interfere with "lawful" interstate commerce, and I interfere with you selling that thing, did I commit a federal crime? I can see arguments both ways that make sense to me as a layman, but I'm sure there's a standard answer to this.