Can a privately owned internet board control what you say?
Can a privately owned internet chat board, namely Mothering Magazine's forum, MDC, control what its members say on their websites and blogs? Apparently, they think they can. They think that their user agreement gives them the right to dictate what members say about anything on their own blogs and websites. Users are allowed to link, for free, to their own private websites and blogs but nothing in the user agreement explicitly states that these websites and blogs are under then control of MDC. However, this blog was recently questioned by the administrator of MDC, Jacqueline Savageau (thetofumom@comcast.net). Here is her email to me and my response.
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My response:
Dear Jacque,
What I have found over the past two plus years at MDC is that I am never alone in my thinking. I am not so full of myself to think of myself as unique. My views are generally shared by others and if you read the comments to my posts on my blog there are many in agreement with me. That being said, I am not going to be alone in believing that mothering magazine has no rights whatsoever over anything that anyone writes on their blogs. If I did business with MDC, then my business website could be open to scrutiny and my private one could persuade people to patronize, or not, my business. But, my private thoughts on my private blog are my own business and there are no rules the mothering can use to block anyone from saying anything they want on their own site. Also, there is nothing legal, I believe, that mothering can do to control what a person puts on their website. If you do not want me to link to my blog, that is your right as a privately owned website. But, please do not attempt to make it seem like I broke any MDC rules. Your rules have no control over what I write on my blog. And, if you think that you can delete people's signatures just because others do not like what is being said on their websites, then you also are believing yourself in possession of much more power than you really possess.
I am considering doing some research into the legality of the MDC User Agreement. Yes, it is a privately owned board but it seems that mothering has taken things too far.
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So, my question now is to wonder whether this is legal? I wonder how much control privately owned boards really do have over the content their members post? I know that employers own their employees work email and computers and therefore own anything that is done on that email or computer. But, this is a privately owned, publically acessible website. How much right do they really have over content? How much right do they have over what goes on outside their servers?
And, is it really in their best interests to pick and choose who they are going to say is upholding the integrity of the community and working to make it a comfortable place? How do they decide this? It is entirely subjective and not all members agree with what they decide. In fact, many members have great problems with their user agreement. Hmmm....makes me realize why more and more old time members leave every year that the user agreement is tightened and control is heaved more upon members.

