by Luna PreyIt's certainly a challenge I look forward to facing.
Here are the ideas we have so far:
We can have a .com domain, but only with instructions on how to access the .onion domain. The .onion domain will be where this community will exist.
No IP logging will exist. Not once in our code will the server request your IP address. This include even Awstats. We will disable it. Additionally, we will not collect emails what-so-ever.
As for host, we will find an anonymous solution. My first idea is that we have the community donate bit-coin to an account which will pay the hosting bill. In this way Anonymous will own itself, and pay it's own bills.
Since there will be no leaders, there will be no "officers". It will simply be a group of individuals who suggest and vote up cool ideas, and then participate in those ideas. We are a communication tool. I don't think a phone company would be sued because a murderer plotted his next crime on the phone with his partner. We can't dictate what people say. That's censorship.
I'm not sure if this will offer much, and perhaps a lawyer can consult on this, but I'm wondering if we could put something in the user agreement. We could make anyone who visits our site agree that they are not a government agency. At least, I think in court we could make the argument that the data they've obtained (assuming they infiltrate the site) is illegal obtained, and therefor not permissible.
Before I started programming, I used to play private server MMORPGs. Programmers would find a popular game they like, and create an emulator for it, and whenever you entered the website, it had a terms of use which supposedly stopped the company's they stole it from, from taking legal action against them.
As far as the user agreement goes, this would not provide you with anything as you suspected. There is nothing inherently illegal about them violating a user agreement. Even if it was, during the course of an investigation agents often get away with doing illegal acts. Your only chance would be a breach of contract. In a courtroom scenario there are multiple ways they could get around this. It would be easy to void such an contract. Contracts for the purpose of illegal activity are void and as such unenforceable. Also courts often refuse to uphold contracts which "are contrary to public policy."
I doubt the programmers terms of use had much of an effect. It was probably the companies deciding that anything they would get out of suing wouldnt be worth the legal costs associated with getting it.
Legally this site will always be a nightmare, the courts wont be on your side.