Doxing is a term that has been in the news quite a bit recently. Doxing happens when an individual’s private information is leaked primarily online for the public to see. Private information could be anything, including a private phone number, home address, or the name of an employer.
Doxing aims to make public sensitive information that an individual would otherwise want to remain nonpublic. By revealing such information, the goal is to cause harm in some way, either by shaming, discrediting, or even igniting physical bodily harm against another party.
As a result, doxing is considered a malicious action that causes a great deal of stress and torment to individuals on the receiving end.
Not too long ago, the state of Illinois decided that doxing was such a serious issue that it had to be addressed. As a result, Illinois lawmakers wrote the Civil Liability for Doxing Act, which was passed by a unanimous vote. According to Jennifer Gong-Gershowitz, a state representative for the 17th District, the anti-doxing law will “hold accountable those who perpetuate hate online.”
What Does the Civil Liability for Doxing Act Do?
The Civil Liability for Doxing Act gives victims the legal right to sue attackers who dox them. In particular, an individual who alleges that they have been doxed can ask to obtain any of the following based on their circumstances:
- Temporary restraining order
- Emergency order of protection
- Preliminary or permanent injunction to restrain and prevent disclosure or continued disclosure of personally identifiable information
The legislation is not treated like a criminal matter with criminal penalties but rather imposes civil liability on those shown to dox residents in Illinois. This means that victims who are successful with their civil doxing claims in Illinois may be able to recover financial damages for the harm they had to endure.
What is Needed to Be Successful With a Doxing Claim
A doxing claim can seek damages for:
- Emotional losses
- Financial losses
- Loss of income
- Identity theft protection costs
- Relocation expenses
- Legal expenses and attorney’s fees
- Punitive damages (Punitive damages are meant to punish particularly egregious behavior and to act as an example for deterrence of similar behavior. The courts rarely award punitive damages, but when specific facts of a case are true, punitive damages may be included to penalize the defendant.)
To obtain financial compensation when filing a doxing claim, the plaintiff must show that “an individual engages in the act of doxing when that individual intentionally publishes another person’s personally identifiable information without the consent of the person whose information is published and:
- (1) 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
- (2) the publishing of the information:
- (i) causes the person whose information is published to suffer significant economic injury or emotional distress or to fear serious bodily injury or death of the person or a family or household member of the person; or
- (ii) causes the person whose information is published to suffer a substantial life disruption; and
- (3) the person whose information is published is identifiable from the published personally identifiable information itself.”
Defending Against a Doxing Claim
The burden of proof is on the plaintiff to demonstrate the vengeful nature of the defendant. However, it is not an offense under this Act for an individual to:
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- (1) provide another person’s personally identifiable information or sensitive personal information in connection with the reporting of criminal activity to an employee of a law enforcement agency or in connection with any lawfully authorized investigative, protective, or intelligence activity of any law enforcement agency or of an intelligence agency of the United States and the person making the report reasonably believes the alleged criminal activity occurred or the existing investigative, protective, or intelligence activity is legitimate;
- (2) disseminate the personally identifiable information for the purpose of, or in connection with, the reporting of conduct reasonably believed to be unlawful; or
- (3) provide a person’s personally identifiable information in connection with activity protected under the United States Constitution or the Illinois Constitution pertaining to speech, press, assembly, protest, and petition, as well as the provision of personally identifiable information to the press.
Get Qualified Legal Help Today
If you need representation when claims of doxing are made against you, Glasgow & Olsson is uniquely qualified to help. Acting early to connect with an attorney and develop a strategic approach to counter a doxing claim can improve your chances of success and minimize any possible adverse impacts on your life.
When you need an attorney, experience matters.
Speak with a Chicago domestic violence defense attorney today to learn how our experience can get you the results you deserve.