End of day encryption is irrelevant really, companies can start throttling the amount of connections / traffic flows each customer is allowed to make preventing them from contacting many sources and resulting in shaping of most P2P anyway.
Bram Cohen, inventor of Bittorrent, accepts the need for give and take between users and their ISPs, sadly the zealots who develop things like Azureus take it as a personal affront that an ISP would dare to tell you what you can and can't do with their network.
http://bramcohen.livejournal.com/29886.html