E-mail Privacy Act of 2004 - Amends Federal criminal code provisions concerning interception of electronic communications to modify the definition of "intercept" to include the acquisition of the contents of the communication through the use of any electronic, mechanical, or other device, at any point between the point of origin and the point when it is made available to the recipient.
Limits the service provider exception to the prohibition on unlawful access to stored communications to access to the extent necessary incident to the rendition of the service, the protection of the rights or property of the service provider, or compliance with provisions regarding disclosure of customer communications or records.