Since the update, and as per the SimNews, rooms cannot be made private at the moment. I am guessing there will be bans handed out for those people joining such rooms to gather information such as members and information being talked about, per the golden rule?
No, Shuji, it's not an IC act to take advantage of an OOC issue like services being down. It is, and has been, illegal and punishable to pull an access list for an IRC room to see who's on it to get an idea of who is in the faction.
"May the Grace of Ara go with you, and His Vengeance be wrought upon your enemies."