Some network neutrality advocates are worried about this small loophole in the FCC’s rules

Even as federal officials prepare to defend their network neutrality regulation in court, attention is shifting to a part of the new Federal Communications Commission rules that could give Internet providers a loophole, according to some analysts. There is concern that Internet providers could mislabel some types of Internet content in order to avoid the strongest parts of the rules. The issue in question deals with what are known as "specialized services" -- a loosely defined category of Web applications that covers things like VoIP phone service, smart thermostats and real-time health monitoring.

These services have been traditionally less regulated, and that won't change under the new net neutrality rules. But some advocates fear that because the specialized services label comes with few restrictions it gives Internet providers the ability to bypass the FCC's rules that prevent Internet throttling, blocking and so-called fast lanes. Ultimately, it is up to the FCC to call foul on broadband companies that try to circumvent the rules. But it isn't clear how the agency would do that in the case of specialized services. Although the FCC insists it will keep a close eye on the companies to be sure they're not abusing the loophole, senior officials have not laid out what, specifically, might trigger an investigation. And that has some net neutrality advocates worried.