But I think EFF would have a stronger case if we had common carriers following net neutrality laws. Content decisions are in the hands of upstream ISPs because we don't have the right regulations in place.
EFF has clearly tried here. The case is strong. But it's the edge cases where we need the net neutrality regulations most.
What makes HE well-positioned to be able to determine what constitutes a "legitimate safety concern"? What happens when a pro-life organization or a corrupt politician starts leaning on ISPs to enforce their own views of what constitutes a "legitimate safety concern"?
Cloudflare denied service to KF on an imminent threat to people's lives, which could have been justified on a short term basis. Their refusal to reinstate service months later strains the credulity of this rationale, and shows that it was never really the goal.
I'm going to guess that if we ever get a post-mortem on what really is happening inside HE, what we'll find is not "a well-reasoned, dispassionate debate occurred and a consensus was reached in favor of censorship". Instead it will be like "someone powerful in the company made a unilateral decision and dissent was absent because everyone understood that it would have negative career consequences."
However, I would argue that KF is a long-term threat whose imminent dangers were honestly a very narrow lens that barely appeased a company that shouldn’t have been making the call in the first place. Their position in last year’s debate created a very volatile atmosphere for a solid month—a situation which would be volatile once again if brought back.