I believe if an ISP is advertising unlimited internet plans at a certain bandwidth that you should get just that unlimited at that bandwidth no matter what. That means, if I want to max out my bandwidth constantly, then I should be able to because that is what they advertised. This throttling crap is just a sneaky way of short changing customers. They figure most customers won't notice. They are probably right. Most don't know a speckle about bandwidth or even what bits or bytes are. I hope class action lawsuit is brought against these ISP's soon. They are now capping the amount you can download, ie Comcast. It is getting ridiculous.
On another note, torrent apps have things to get past this throttling. Utorrent uses encryption to get past ISP throttling. Usenet services use different ports, ie HTTPS 443, since some ISP's throttle the standard news server ports. Even so, these ISP's need to be checked.