I read the EFF's post here:
https://www.eff.org/deeplinks/2018/08/verizons-throttling-fi...
I assume that's the one you are commenting on, if not, feel free to post a link as the EFF has been putting out a lot of communications lately. :-)
I agree with you that the EFF's communication here is muddled. The point I would focus on in the actual incident (the Santa Clara fire department being throttled) is this one:
"Within the documents submitted by Santa Clara, it appears to be some confusion as to what exactly was Verizon selling to the fire department. Twice the public safety officials asserted they thought they were buying an unlimited plan and twice they discovered during the emergency they did not."
In other words, to me the key issue here is not throttling, but whether customers understand what they are buying. (As the article notes, it might not be Verizon's fault if there was a misunderstanding; that would need to be investigated.) If you buy a plan that says you get throttled after a certain usage point, that's what you bought; I don't see how that is inconsistent with NN since the throttling doesn't depend on what sites you go to. But the EFF then argues this:
"The FCC, however, could have proactively addressed this problem in the future and establish a federal rule applicable in all fifty states that ISPs are not allowed to throttle public safety services during emergencies. The FCC under its Title II authority could even go so far and categorically say it is illegal to try to upsell public safety agencies, or anyone, wireless plans during official emergencies as a matter of public safety. The agency would have good arguments as to why to set these rules, and thanks to Verizon, the evidence to demonstrate that threats to health and life are at stake in the absence of such rules. But the Restoring Internet Freedom Order abandoned those powers, so right now in America, firefighters don’t have a government agency they can turn to for help."
To me this is a different issue from NN, since the whole basis of the argument is that public safety agencies should be treated differently from other customers. I don't disagree with that argument, but I don't think it falls under NN either.