Text of MA S 1116 (2024)

1 of 1 SENATE DOCKET, NO. 2287 FILED ON: 1/20/2023 SENATE . . . . . . . . . . . . . . No. 1116 The Commonwealth of Massachusetts _________________ PRESENTED BY: Rebecca L. Rausch _________________ To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General Court assembled: The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: An Act establishing a right to freedom from doxing. _______________ PETITION OF: NAME: DISTRICT/ADDRESS: Rebecca L. Rausch Norfolk, Worcester and Middlesex David Allen Robertson 19th Middlesex 2/28/2023 Simon Cataldo 14th Middlesex 2/28/2023 Steven S. Howitt 4th Bristol 2/28/2023 1 of 3 SENATE DOCKET, NO. 2287 FILED ON: 1/20/2023 SENATE . . . . . . . . . . . . . . No. 1116 By Ms. Rausch, a petition (accompanied by bill, Senate, No. 1116) of Rebecca L. Rausch, David Allen Robertson, Simon Cataldo and Steven S. Howitt for legislation to establish a right to freedom from doxing. The Judiciary. The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-Third General Court (2023-2024) _______________ An Act establishing a right to freedom from doxing. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: 1 SECTION 1. Section 11H of chapter 12 of the General Laws, as appearing in the 2020 2 Official Edition, is hereby amended by inserting, in lines 2 and 3, after the word “threats”, each 3 time it appears, the following word:- , doxing. 4 SECTION 2. Chapter 214 of the General Laws is amended by inserting after section 3B 5 the following new section:- 6 Section 3C. Action for doxing; liability 7 (a) As used in this section, the following words shall have the following meanings unless 8 the context clearly requires otherwise:  9 “Close relation”, a current or former spouse or domestic partner, parent, child, sibling, 10 stepchild, stepparent, grandparent, any person who regularly resides in the household or who 2 of 3 11 within the prior 6 months regularly resided in the household, any person with a significant 12 personal or professional relationship, or a family pet. 13 “Disclosure”, the dissemination, distribution, circulation, sharing, posting, publishing, 14 transmittal, or release of information, including through electronic means. 15 “Doxing”, the knowing disclosure of personal identifying information of a person without 16 that person’s consent that is intended to cause stalking, physical harm to person, or serious 17 property damage, or to cause the person about whom the information pertains to reasonably fear 18 for the physical safety of themselves or a close relation, and which causes, whether directly or 19 indirectly either: (i) stalking, physical harm to person, or serious property damage; or (ii) the 20 person about whom the information pertains to reasonably fear for the physical safety of 21 themselves or a close relation. 22 “Personal identifying information”, a person’s biometric data, home or work address, 23 electronic mail address, home phone or cell phone number, Social Security number, driver’s 24 license number or state-issued identification card number, license plate number, financial 25 account number or credit or debit card number, or medical, financial, education, consumer, or 26 employment information or records, in combination with that person’s name, prior legal name, 27 alias, photograph or likeness, mother's maiden name, or date or place of birth; which that person 28 has not made readily apparent to the public, or which that person has not authorized another 29 person or organization to make readily apparent to the public.  30 (b) Doxing shall be unlawful. 31 (c) A person who is a target of doxing may pursue a cause of action for doxing, as 32 defined in this section. The action may seek injunctive relief, special and general damages, and 3 of 3 33 attorneys’ fees and costs. The plaintiff in such action shall prove doxing occurred by a 34 preponderance of the evidence. Notwithstanding any general or special law to the contrary, the 35 parent or legal guardian of an unemancipated minor child shall be liable for any judgment 36 rendered against such minor pursuant to this section. 37 (d) A plaintiff who proves by a preponderance of the evidence that doxing was motivated 38 by the plaintiff’s or the plaintiff’s close relation’s race, color, religion, ethnicity, national origin, 39 citizenship status, sex, gender, sexual orientation, gender identity or expression, physical or 40 mental health condition, or disability shall be entitled to up to treble damages in addition to any 41 other remedy. 42 (e) It shall not be a violation of this section for a person to disclose personal identifying 43 information for the purpose of: 44 (1) reporting conduct reasonably believed to be unlawful; 45 (2) reporting conduct reasonably believed to constitute a crime to a law enforcement 46 officer or a law enforcement agency; 47 (3) publishing, disseminating, or reporting conduct by a public official, law enforcement 48 officer, or law enforcement agency that is reasonably believed to be unlawful or otherwise an 49 abuse of authority; 50 (4) engaging in lawful and constitutionally protected activity as it pertains to speech, 51 assembly, press, or petition, including to address a matter of public concern; or 52 (5) investigating or prosecuting a violation of this section.