The issue isn't so much throttling as transparency. If you walk into a store as Joe/Jill Consumer and say 'gimme the best phone, whatever it is you like to sell' and they sell you an iPhone, you deserve to be made aware of the limitations imposed on your use of it (and I don't mine in the fine print on page 14 of the contract, or in some vague handwavey disclaimer).
Not, but they are going to melt the network.
Isn't it obvious, especially to a technical crowd like HN? And yet, you didn't mention this issue. Why?