Would this same logic apply to voice mail if you are purchasing it from your telco provider? In that case it resides on the providers server or other such system, and is no longer in transit. Can the telco snoop in there to find out if their competition is leaving you messages about switching? Can the USDJ walk in and ask to listen in just to find out what you're up to?

Another thing, in many modern switched telco networks, at some-point the data being transmitted is probably in some sort of buffer somewhere - does that count as in transit - or can it be freely snooped?

It's one thing to be a strict constructionist, it's another to be altogether stupid - or evil. I don't really see how this could be construed as within the spirit of the law, let alone the word.

The only redeeming factor here is that the decision does at least imply a reasonable understanding of the technology, it's just an unfortunate outcome. Maybe it's a case of understanding just enough to do damage. . . .

What a deal, you get "Amnesty" (as it is no doubt defined in 13 pages of double-incrinimating lawyerese) and they get a list of the first people to go after the next time something like P2P comes along.

The RIAA can't sue everyone and this seems like them running out of options. At the rate they are alienating customers and turning them into criminals in need of "Amnesty", they will be out of customers all-together.