Legal Question in Technology Law in California

Re: need: mutual confidentiality clause for webite

There are ways to avoid liability for information created by others, even on the web. For example, the Digital Millenium Copyright Act provides a "safe harbor" for web sites that register an agent for service of complaints.

This is legal information, and not advice. If you want advice you should hire a competent attorney. If you are in California, please feel free to call me at (650) 566-8500.

Re: need: mutual confidentiality clause for webite

You can get your customers to accept a confidentiality agreement, but I don't think that will accomplish everything you want. If your customers pay by credit card they will be able to find out who the payee is, and most other methods will also be traceable.

Technology may also get in the way of your anonymity. Web sites must be registered to someone, and there are ways for anybody to learn who registered any given web site.

A more serious problem you might face is that your service could run afoul of harassment and/or stalking laws if you are not careful. This could expose you to criminal punishment in any jurisdiction where your messages are received.

Then there is the issue of litigation. Many recipients of your anonymous messages will be able to figure out who sent them. If the recipient sues the sender or seeks a restraining order against him, they will be able to subpoena your ISP for information about you and the ISP will have to comply. The same is true, of course, if you are criminally prosecuted.

If your proposed service succeeds, you will likely be in court on a regular basis. Your records will be subpoenaed even more often. Don't count on a confidentiality agreement to shield you from any of this.