Interesting discussion indeed. There is a first response from Google appearing at
InsideGoogle:
As for the question: "Does Gmail scan email for illegal programs?" The answer is no we do not. I'm not sure what the details are with this specific user and why and whether the account was discontinued - we don't have his gmail address. Either way, our terms of service would keep me from talking about the details of any individual account.
Which of course raises the new question whether that Darknest character who had originally made the claim that Google was snooping your inbox is a fraud.