The great thing about capitalism and the free market is that you can choose not to enter into an agreement with a party if they run contrary to your ethics and morals.
Some of the issues, depending on where you live, is that the government made agreements with ISPs to prevent competition in exchange for the ISPs paying for laying wires. If those agreements were not in place you might have additional choice.
This is a fantasy version of capitalism that assumes perfectly symmetrical information. A huge percentage of the people being monitored have no clue it's going on.
