E-Mail Privacy Act of 2005 - Amends wiretap provisions of the Federal criminal code to revise the definition of "intercept" to mean the aural or other acquisition of the contents of any wire, electronic, or oral communication contemporaneous with transit, or on an ongoing basis during transit, through the use of any electronic, mechanical, or other device or process, notwithstanding that the communication may simultaneously be in electronic storage (thus covering e-mail communications).