The Electronic Frontier Foundation charges that this weeks appeals court decision in U.S. vs Councilman gives your ISP the right to monitor your email.
The court brief is http://www.ca1.uscourts.gov/pdf.opinions/03-1383-01A.pdf
The defendant used procmail and sendmail to monitor email from Amazon to the booksellers and other email clients that used his mailserver. He used a form of store and forward to do this. I believe the courts have held that wiretapping is grabbing the message off the line with a sniffer. It is a different charge when the mail is in storage. The courts dismissed the charges against the defendant stating that at the time the message was copied it wasn’t in transit.
I agree that he is not guilty of wiretapping. I’ll have to go reread the Stored Communications Act to see if his claim of being a service provider is correct. I am currently in a cyberlaw class and we read the lower court ruling on US v Councilman a couple weeks ago. So I was pretty excited to see this case.