That's why people keep mentioning it.
Most other circuits (except two I believe) have explicitly held it to be okay for things like behavioral advertising.
See, for example, Kirch v. Embarq Management Co (10th circuit)
Given ECPA does not define "ordinary course of business" in any way, and the accompanying senate reports do not say anything about the exception being related to "for the benefit of the end user" (and instead talks entirely about the need/desires of the ISPS using the communications) , I would guess the opinion will have some trouble at the appellate level, but i guess we'll see!
(Though any pair of cases where an appeals court has said they are different would be fine!)