This argument has already been rejected by the judge. Wiretappimg doesn't suddenly become permissible just because it permits an arbitrary business model that happens to pay for the service.

If we say analyzing your communication is ok as long as it makes money for the service provider and the service is free, we open a Pandora's box. Google (and anyone operating an SMTP server) would be able to sell HR reports to recruiters, insurability scores to insurers, predictions of criminality to police departments, infidelity scores to private detectives, etc. Advertising is not a specially protected business model.