Wouldn't this depend on the TOS of the ISP?
Perhaps by signing the contract you "authorise" this.
This sort of thing doesn't surprise me any more. AFAIK DNS on every major ISP in the UK is broken, there is no NXDOMAIN. Unresolvable domains are simply redirected to a specific IP address which happens to host a page of ads and a search bar on port 80. This might not matter to most people, but it's a huge PITA when I'm testing some things.
I'm not aware of any similar arguments being tested in court, so this is all conjecture.
That said, barring an explicit definition of 'Internet service' in your service contract, it's commonly understood that requesting a page from example.com, all the data your ISP returns implicitly is sourced from example.com. Introducing your own content in between is therefore fraud, as you've mis-represented the origin of the content.
I believe the owner of an involved web server would have standing as well, not just the users.
This sort of thing doesn't surprise me any more. AFAIK DNS on every major ISP in the UK is broken, there is no NXDOMAIN. Unresolvable domains are simply redirected to a specific IP address which happens to host a page of ads and a search bar on port 80. This might not matter to most people, but it's a huge PITA when I'm testing some things.