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posted on 4/25/23

Recently, the Illinois House committee has unanimously approved a bill that would provide legal recourse for victims of doxing. With the rapidly developing evolution of technology, there are new cyber crimes being established under the law across the country. For example, Illinois now has laws regarding cyberstalking and electronic harassment. At Glasgow & Olsson, we are staying up to date on this matter and are prepared to help you better understand how this law can impact you. 

What is Doxing?

The proposed legislation, known as House Bill 2954, defines doxing as the intentional publication of an individual’s private information without their consent, with the intent to harm that person. That private information can include, but is not limited to, the person’s social security number or home address. To make a successful claim, the victim would have to prove that they faced a substantial disruption in their life as a result of the doxing. 

Here are the specific elements of doxing according to House Bill 2954

  • The individual intentionally publishes another person’s personally identifiable information, 
  • Without the consent of the person whose information is published, and
  • The information is published with the intent that it be used to harm or harass the person whose information is published and with knowledge or reckless disregard that the person whose information is published would be reasonably likely to suffer death, bodily injury, or stalking; 
  • And the publishing of the information: causes the person whose information is published to suffer significant economic injury or mental anguish or to fear serious bodily injury or death of the person or a family or household member to the person; or causes the person whose information is published to suffer a substantial life disruption.

What Recourse Would This Law Provide to Doxing Victims in Illinois?

The bill aims to provide doxing victims with the ability to seek civil recourse against their attackers, including monetary damages and other forms of relief under Illinois law. David Goldenberg, the Midwest regional director of the Anti-Defamation League, testified in support of the bill, noting that it fills a gap in current Illinois law.

What are Other States Doing About Doxing? 

Similar anti-doxing laws have already been passed in Oregon and Nevada, and a comparable bill is making its way through the Washington state legislature. However, the American Civil Liberties Union (ACLU) of Illinois currently opposes the bill, citing concerns about overbroad and unconstitutional language. The ACLU is advocating for amendments to the legislation to create exceptions for private information shared with the media, by whistleblowers, and in legitimate protests. They also want to clarify language to protect private communication between two individuals where the information is not publicly posted, as well as information that is already publicly available.

Bill sponsor Rep. Jennifer Gong-Gershowitz, D-Glenview, maintains that the bill is narrowly crafted and does not limit constitutionally protected speech. She is willing to continue conversations with the ACLU of Illinois but is not promising to include all of their suggested amendments. Gong-Gershowitz emphasized that the bill seeks to prevent malicious actors from using personal information to harass, threaten, intimidate, and injure individuals.

Glasgow & Olsson Can Help

At Glasgow & Olsson, we will stay up to date on this developing matter and how it impacts those living in Cook County to help our clients. When you need an attorney, experience matters. Contact us today to learn how our experience can get you the results you deserve.