"Can be sniffed", and "Provider is making a third party sniff" are two different things. Legally and ethically too. Right now you're right, the internet works

"Can be sniffed", and "Provider is making a third party sniff" are two different things. Legally and ethically too. Right now you're right, the internet works this way. But that doesn't make it right, or fair, or anything, it just is. And it's also no reason it couldn't work in a different way.