Earlier quoted context omitted.
The ISP can easily build a reasonably reliable profile based just on packet size and timing. TLS and most VPNs do nothing to these. If they actually wanted to. You could sure them under wiretapping laws if they did. If you cannot trust your ISP, you cannot really have any privacy without truly extensive measures. Not even Tor is enough, it does not pad and change timing enough. The real problem is cookies, requiremen…
> You could sure them under wiretapping laws of they did. I assume you meant "sue", but, no, that's not actually a guarantee, because companies can require that you "voluntarily" agree to mandatory arbitration in order to get any service at all.
Relying on such a clause to attempt to prevent a civil suit is stupidity, if only because people are not properly informed of what the clause meant, making it void. (I could quote a few cases. But I am not a lawyer. Microsoft and EULA comes to mind.)
And by EU law, they are completely null and void by just being illegal.
That said, most of those suits do not reach court by means of settlement, not arbitration.