I think from a legal standpoint, users should be pointed to the ToS regarding antispam and the recently updated list before they install, either on the first b2evo page, or on the install page. This would avoid any possible problems with users not reading them before they install.

This could be supplemented with an option to install with these options turned off by default. I guess this needs to wait until the option to enable / disable antispam is moved to the database.