Now the key thing is: does traffic not specially marked as "low latency" get artificial latency imposed on it in order to maintain the value of the low latency offering?

You can imagine all sorts of things that would be great, but you have to acknowledge the reality that market forces don't work brilliantly on ISPs in many places.

I feel like this problem only exists in the minds of programmers since in the realm of law you get to take intent into consideration.

What law, though?

That implies a consumer-friendly regulatory regime that can be persuaded to keep up with all the different attempts to game the system. The idea behind net neutrality would be only having to have this fight once to assert that all traffic is of equal value.

Edit: this comment expresses exactly what I want to say already https://news.ycombinator.com/item?id=21762679

> An app available from the cable company That will be filled with spyware and antipatterns.