I'd think with all the privacy concerns these days it would be very hard to make something like this happen. Not saying it isn't possible and don't even really grasp the technical intricacies of it but I'd imagine this would require some major changes in the privacy laws. Don't see something like that happening anytime soon or ever.
It already happens. Most ISPs will give certain traffic priority over others, throttle it to create premium un-throttled services, or just manage bandwidth capacity. Its called traffic shaping, and its executed without legislation, just commercial decisions.