Probable Cause is required for anyone to tap your communications. You cannot turn on a tap, and filter the data for info and sell it. The ISP does not have probable cause, and thusly is tapping your data illegally.
Probable cause is a very weak standard. It is vague and nebulous and essentially allows pretty much any excuse that sounds even remotely reasonable for wiretapping. BTW - Judicial review is not necessary for "probable cause." Probable cause is nothing but an excuse to snoop by law enforcment for no other good reason than because they want to.