[leagleaze]

Hmmm. Interesting, very interesting. Let me think about this.

Your original TOS, does it have anything about modifications to the TOS? Mine does, says we will try to let people know of any major changes, they consent to them by using the site, etc etc. Yours should say something like that.

If I had to add this, I would do an announcement on the site, and I would document the fact I had done this in whatever records I kept. That announcement would say something like:

We have recently had a problem that requires us, in order to keep the site and its users safe and secure, to begin monitoring private messages. Please understand we will only monitor your messages should the necessity arise based upon improper use of the Message service. Improper use would include, but is not limited to illegal behaviors such as stalking, spamming or exchanging of copyrighted software.

Your continued use of the Private Message system acknowledges your understanding that these messages may be monitored. If you do not wish your messages to be monitored please delete all previous messages and halt your use of the private message system.

I would make it a lot less legalistic and a lot more polite, but you get the idea.

By doing this I don't have to take the step of doing the deletions, the person can do it him or herself. As far as the other party to any PMs sent, I wouldn't worry too much about old PMs, but if I was concerned, I would add something about asking individuals you have written to to delete the PMs if you are concerned.

By the way please don't copy this language and use it on your sites folks, it is off the top of my head and not quite right. If you use it and you get angry people or get in trouble that is your problem. I'll also be irritated with you. And we know you don't want an irritated lawyer hunting you down.


Edited to say

Sorry AG, didn't mean to get off on a tangent. I think if anyone else wants to talk about this we should probably take it off board or to a more appropriate thread, if there is one.