Neutrality Not Great for the Net?

Robert Kahn has some interesting words regarding the recent conflict over net neutrality. I can't tell if he is saying any legislation is bad legislation, or just the proposed legislation is bad legislation. I think its the former, but that is debatable. He makes a good point, though, the idea that laws guaranteeing neutrality will inhibit private sector development and lock the net into a static hardware state has some weight behind it. Realistically, I think Mr. Kahn misses the point. What we don't want is a private company who can determine bandwidth and become private sector censors. The battle between companies like AT&T and Comcast demonstrate that keeping the hardware at the bleeding edge will continue to bleed as transmission speeds continue to increase. Is Kahn's perspective valid?