Doxing generally refers to the disclosure of another individual's personal information for the purpose of harming or harassing that individual.
Doxing is not specifically prohibited under Washington law. Depending on the specific circumstances, information disclosed, and additional facts the underlying conduct could qualify as a criminal offense (for example, harassment or stalking) or an actionable civil tort (for example, invasion of privacy or intentional infliction of emotional distress).
At least six other states have imposed various criminal or civil restrictions on doxing, with some states restricting doxing generally and others restricting doxing that targets specific individuals like peace officers, public officials, and health care workers.
Prohibition on Doxing.
No person may publish an individual's personal identifying information when:
Civil Action.
A person whose information is published in violation of this restriction may bring a civil action against: (1) the person who published the information; and (2) any person who knowingly benefits from participation in a venture they knew or should have known has engaged in a violation of these restrictions. An action may be brought in any county in which an element of the violation occurred or in which an individual whose information was published resides.
A prevailing claimant may recover compensatory damages, punitive damages, statutory damages of $5,000 per violation, costs and reasonable attorneys' fees, injunctive relief, and other relief deemed appropriate by the court. Additionally, a court may issue a temporary restraining order, or temporary or permanent injunction, to prevent disclosure or continued disclosure of a party's personal identifying information.
Exceptions, Defenses, and Construction.
The foregoing restrictions are subject to exceptions, allowing the publication of personal identifying information:
It is not a defense that the information at issue was voluntarily given to the publisher, previously publicly disclosed, or readily discoverable through research or investigation.
The act shall not be construed to conflict with 47 U.S.C. Sec. 230 or 42 U.S.C. Sec. 1983, or to prohibit constitutionally protected activities.
The act shall be liberally construed and applied to promote its purpose to deter doxing, protect persons from doxing, and provide adequate remedies to victims of doxing.
Defined Terms.
Several terms are expressly defined.
"Doxing" means unauthorized publication of personal identifying information with intent or knowledge that the information will be used to harm the individual whose information is published, or with reckless disregard for the risk the information will be used to harm the individual whose information is published.
"Harm" means bodily injury, death, harassment, or stalking.
"Mental anguish" means emotional distress or emotional suffering as evidenced by anxiety, fear, torment, or apprehension that may or may not result in a physical manifestation of mental anguish or a mental health diagnosis. The mental anguish must be protracted and not merely trivial or transitory.
"Personal identifying information" means any information that can be used to distinguish or trace an individual's identity, including without limitation name, prior legal name, alias, mother's maiden name, or date or place of birth, in combination with any other information that is linked or linkable to an individual such as:
"Publish" means to circulate, deliver, distribute, disseminate, post, transmit, or otherwise make available to another person, through any oral, written, visual, or electronic communication.
"Substantial life disruption" means that a person significantly modifies their actions, routines, employment, residence, appearance, name, or contact information to avoid or protect against an actor who has obtained or is using the person's personal identifying information, or because of the course of conduct of an actor who has obtained or is using the person's personal identifying information. Examples include, without limitation, changing a phone number, changing an electronic mail address, deleting personal electronic accounts, significantly decreasing use of the internet, moving from an established residence, changing daily routines, changing routes to and from work, changing employment or work schedule, or losing time from work or a job.
Additional terms are defined in the bill.
The substitute bill incorporates additional exceptions, allowing the publication of personal identifying information in response to a Public Records Act request; when required to do so by any federal, state, or local law or regulation, or court rule or court order; in connection with a lawful requirement for a court filing or recording; and as permitted under the federal Gramm-Leach-Bliley Act and 12 C.F.R. Part 1016. Additionally, the substitute bill corrects two typographic errors.
(In support) Doxing is the broadcasting of personal information with intent to direct violence towards the victim. It is an increasingly common way to harass, harm, stalk, silence, and intimidate, and is being abused by both ends of the political spectrum to target private citizens and public officials alike, and has intensified during the pandemic. In Idaho, activists have used doxing to harass targets in coordinated campaigns. Reports show 65 percent of Americans report being harassed online. Antisemitism and hate are permeating online spaces. Many communities are particularly vulnerable when their personal information is released with intent to harm. Marginalized communities already face a risk of violence; they deserve more protection.
When a community or individual is targeted, it can have deep and lasting effects. Recent targets of doxing include union members, nurses and other healthcare workers, librarians and library staff, school workers and staff, Jewish individuals and communities, nonprofit board members and directors, and elected officials. Information about the targets' homes and family members is being disclosed, leading to threats and vandalism. While public figures must expect some measure of scrutiny, disclosing home address and family member information goes too far. Doxing instills terror.
When a person publishes information with intent to harm, and harm occurs, a right of recovery should exist. This bill provides access to justice and recourse for individuals victimized by intentional doxing. The bill is a pragmatic solution to doxing, will deter bad actors and make victims whole, and protect marginalized communities from harassment, stalking, and violence.
Existing civil torts like outrage and criminal laws against harassment may sometimes cover doxing, but these common law torts and crimes are subject to broad requirements. It is simpler to plead and prove the exact conduct at issue under this bill and eliminate the argument that the conduct does not rise to the level of outrage.
Doxing chills public discourse and is an affront to constitutional principles and rights. No person should be afraid to speak publicly and civilly. This bill is a good middle ground, balancing free speech concerns with the need to deter harassment and intimidation. The bill codifies doxing and applies narrowly to the most egregious cases. It will apply to unlawful doxing with intent to stalk or cause death, not investigators or journalists.
(Opposed) None.