Well Pete, I've tried to stay out of this but there are some issues in here I must comment on. Please note that I have some background in IT legal issues and HR issues but they are Canadian in nature and as such there may be some differences between legal systems... I am not (nor do I want to be) a lawyer.
NetDoc:
I feel it is a serious breach of privacy and confidence to divulge any information on why someone has been banned or disciplined to a third party.
I don't think that this is what is being asked for. I think that what has been asked for is public acknowledgement that the ban has taken place. Since most of us are using "Board names" anyway - referring to that name does little to impact privacy issues.
NetDoc:
In addition, my attorney says that I would be culpable for a host of issues raised by any such indiscretion. He feels that a court subpoena would be the ONLY reason to publicize the process, including revealing any moderators involved and/or their reasoning for instating such.
I find myself wondering why an attorney would state that board users only have the "rights" that you give them and then state that you are culpable for actions surrounding those "rights". You can't have that both ways. As for liabilities, any plaintiff would have to show damages and malicious intent. Damages for being punted from Scubaboard would never get off the ground. Face it, there aren't any. Second, Malicious intent goes *poof* when the actions are openly admitted to and given a blanket *note - not specific- * reason. Attempts to hide or ignore the issue could be construed as malicious, but since there is no harm done - really who cares.
NetDoc:
Fortunately, as agents for SB I can discuss any details with my management team, as long as they remain my management team. !
They are not agents unless they are being "given consideration" in some manner. Volunteers cannot be agents. If you give them extra disk space or something - they are being "paid" ; so you might want to do this.
NetDoc:
I am open to changing HOW things are done, but the administration of this board will remain an enigma to most. As my attorney put it, the only rights anyone has on the board are those that I extend to them. He was fairly aghast at how open I have already made the inner workings of the mod squad thus far, but was impressed that I actually had the guts to do it.
This is a common legal advice issue. It boils down to "people can't sue you for what they don't know about." Pete, it may keep you out of court but it doesn't build trust. In my time, I have noticed that most folks have a severe distrust of "secret proceedings".
The ownership of this board is caught between a rock and a hard place. On one hand, silence over the moderator activities protects the mods/board from the hassle of trying to justify their reasonable actions to a potentially unreasonable crowd with limited knowledge of the issue. In the worst case however, it becomes a shield from scrutiny that allows mods to act on personal feelings rather in the best interests of the board. When the party line is "I'm not going to talk about it" - human nature is to assume the worst.
Personal loyalty is a fine thing until it gets in the way of admitting mistakes.
If a moderator makes a mistake and is called on it by a member - admit it and fix it if possible.
If a thread is pulled - hide the postings and post a message from a "board moderator" userid that the post is either being looked at, has " been pulled to give the users a chance to cool off", or "has been pulled for TOS violations." and leave it at that. A note to the thread "starter" is nice, but often unnecessary. If someone wants to know they can ask. The solution is to explain but not debate.
If a user is banned, fine. But if another user asks - acknowledge that the user has been banned and state that it was for TOS violations of the nature of "harassment", "inappropriate posting", "multiple userids", "spamming" etc. You don't have to lay out everything but a little bit of information more than "because I said so" goes a long long long way to building trust.
I have not seen any postings stating that the mods do not have the duty to pull threads, posts, or user ids. The concerns are always around the secrecy that surrounds the workings, activities and results of the mod squad.
I'm not trying to cause grief. I'm concerned about where this is going.
This is my last comment on the subject.