You can do this with the new AVFoundation stuff in iOS 4.0.
You sued to be able to call UIGetScreenImage() (returns a UIImage) to get a current capture of the whole screen, including the preview. That's how all the barcode apps worked before. But supposedly Apple is disallowing that now and only allow the AVFoundation technique - which only works under 4.0.
The whole reason there's even an issue is because UIGetScreenImage() is not part of the documented API, but Apple made a specific exception for using it. It's not like they are pulling current apps, but they are not allowing new submissions (or updates) that use the older technique.
There is some lobbying on behalf on a number of people to convince Apple to let app developers use the old technique for iOS 3.x only, so send an email to developer relations if you want to use it.