Entrusting our speech to multiple different corporate actors is always risky. Yet given how most of the internet is currently structured, our online expression largely depends on a set of private companies ranging from our direct Internet service providers and platforms, to upstream ISPs (sometimes...
That isn’t a middle ground. You’re just saying the state can publish a recommendation, which it always has been able to. That’s absolutely in the “unregulated” / “no safety nets” camp. It’s caveat emptor as a status quo and takes us back to the gilded age.
To put it another way: The middle ground between “the state has no authority here” and “the state can regulate away a product” isn’t “the state can suggest we don’t buy it.” It still puts the burden on the consumer in an unreasonable way. We can’t assess literally everything we consume. If I go to a grocery store and buy apples, I can reasonably assume they won’t poison me. Without basic regulations this is not possible. You can’t feed 8 billion people without some rules.
Let me be clear, I agree with the EFF on this particular issue. ISP’s should not regulate speech and what sites I browse. But it’s not the same as having the FDA. For starters, ISP’s are private corporations.