Comcast’s Stream TV service is sparking a controversy over the future of the Internet

It turns out that Comcast's new video app, Stream TV, comes with a big asterisk: If you have access to the service and you are one of the growing number of customers who has to abide by Comcast's 300 GB monthly data cap, Stream TV won't count against it. In essence, you'll be able to watch as much Stream TV as you want and never hit your limit. While "unlimited" may sound enticing, critics are seizing on the program as a potential violation of network neutrality -- the rules passed by the federal government earlier in 2015 that seek to prevent Internet providers from unfairly favoring some online content, including their own, over that of others. If big cable and telecommunication companies were allowed to do this, they could unfairly crush competitors and make it hard for consumers to get rival services from Netflix or a start-up, these critics worry.

But, likely to the alarm of net neutrality advocates, the government's rules might not even apply to Stream TV -- and that's exactly how Comcast hopes regulators will see it. "This is a cable video service" not cable Internet service, said Comcast spokesperson Lisa Scalzo. That might seem like a meaningless distinction, but it could make all the difference. That's because the government's net neutrality rules only cover some digital communications, while leaving other types out. If Comcast can successfully argue its point, then the Federal Communications Commission may be unable to bring its net neutrality rules to bear against Stream TV, even if it might want to.