I doubt it, since the argument you're suggesting is that the ISP didn't take the best possible care, whereas the standard for negligence is, I believe (IANAL), reasonable care.
They may also not even have a duty of care in the first place, as to the truth of any metadata they're passing on. As a sibling comment pointed out, it's not as if there are laws for this.
They may also not even have a duty of care in the first place, as to the truth of any metadata they're passing on. As a sibling comment pointed out, it's not as if there are laws for this.