I partly agree...
... with the ruling but a few points to make.
1 - like BT and the Phorm debacle an ISP can pretty much, without legal backing, use this type of data for other uses.
2 - what and internal marketing that the ISP may do i.e. profile their customers
3 - Dyanmic IPs, in my experience, dont necessarily change each time you connect, especially with the advent of home broadband where the router at the punters location connects to the ISP and keeps the connection live for days/weeks/months. (Mine is slightly different cos I turn mine off when I am not using it to make sure that no-one can jump onto my WiFi, WEP/WAP/Whatever I dont trust it - paranoid? Yes....) So what to do with thes "semi-static" IP's?
4 - Illegal gaining of this information is highly possible. Without adequate precautions by the ISP, anyone into a bit of industrial esponage or just wanting to make a quick buck could put a LOT of info on a usb key (or similar)
Apart from that, I agree with the ruling and see it as, generally, fair. If the ISP wants to track things like "dont massively download on your 'unlimited' package" or "dont download illegal stuff" then that is up to them as long as its defined nicely in their T&C's and the punter can choose to be bound by those rules or not - as should be the notification that this info IS stored and WILL NOT be used for anything else blah blah blah. Dont try and hide it, that will just rile people. If you make it clear people can make the choice if they want to live with it or not, you may be suprised!
Aliens cos like big brother... they are watching us!