Why is it hard to tell between throttling and congestion? Maybe my understanding is wrong but they are still sending the same amount of data. But when it's encrypted traffic from the VPN the ISP can't sniff and throttle.
A VPN circumvents congestion or throttling not by virtue of being encrypted but by having a different source IP or traversing a different route & different network ports/links from other packets going to the high bandwidth use content provider(s)
From a customer's perspective, the symptoms - slow Youtube videos - are indistinguishable.