Legal Question in Technology Law in Indiana

Re: Instant Messenger Conversation

I am not aware of any law preventing archiving of Instant Messenger messages. On the contrary, if you or someone else keeps them, they will probably be subject to discovery if someone in a lawsuit wants them enough to pay for electronic discovery. So, just as someone other than the recording parting wants to use them, the recording party can use them. There is no right to stop people from recording their own coversations that I know of, although some situations may require notice to the other party if there is a reasonable expectation of privacy. So if you are worried, put in writing that you expect this conversation to not be recorded and to be kept confidential and not disclosed. That, at least, gives you a privacy argument in a motion to suppress a recording of such conversations.