Bill would set penalties for harmful online sharing of personal information

A person who recklessly publishes someone’s identifying information with harmful intent could commit doxing. Identifying information means details that can identify or locate someone, such as an address, phone number, or medical record. Publication means sharing information electronically, including online, on social media, or by email. The person must intend to threaten, intimidate, or harass the target, or cause the target or their immediate family substantial emotional distress or physical harm. The post must create a reasonable fear of harm or result in harm. The bill excludes information lawfully available in public records or part of a legitimate news report from its definition of identifying information. It also lists exceptions for consent, certain public-record or government-source information shared for a lawful purpose, reports of suspected crimes to law enforcement, and protected speech, including journalism and commentary on public matters. If passed, the rules would take effect 60 days after passage.

Doxing would be a class A misdemeanor, or a class B felony in specified serious cases. These penalties would apply to the doxing offense described in the proposal. The offense would be a class B felony if it caused physical harm, caused economic loss over $1,000, or was part of a pattern of harassment. A pattern means two or more acts showing a continuing purpose. It excludes constitutionally protected activity and conduct needed for a legitimate purpose independent of contacting the target. If passed, the rules would take effect 60 days after passage.

A person harmed by doxing could sue, and the attorney general could bring an enforcement case. The person could sue the alleged violator in superior court. A person who suffers from a violation could seek at least $1,000 per violation in actual damages, punitive damages for willful or malicious conduct, a court order to remove information or prevent further publication, and reasonable legal fees and court costs. The attorney general could seek civil penalties of up to $10,000 per violation. If passed, the rules would take effect 60 days after passage.