Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1116 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 2287 FILED ON: 1/20/2023
3	3	SENATE . . . . . . . . . . . . . . No. 1116
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Rebecca L. Rausch
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act establishing a right to freedom from doxing.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Rebecca L. RauschNorfolk, Worcester and MiddlesexDavid Allen Robertson19th Middlesex2/28/2023Simon Cataldo14th Middlesex2/28/2023Steven S. Howitt4th Bristol2/28/2023 1 of 3
16	16	SENATE DOCKET, NO. 2287 FILED ON: 1/20/2023
17	17	SENATE . . . . . . . . . . . . . . No. 1116
18	18	By Ms. Rausch, a petition (accompanied by bill, Senate, No. 1116) of Rebecca L. Rausch, David
19	19	Allen Robertson, Simon Cataldo and Steven S. Howitt for legislation to establish a right to
20	20	freedom from doxing. The Judiciary.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act establishing a right to freedom from doxing.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Section 11H of chapter 12 of the General Laws, as appearing in the 2020
30	30	2Official Edition, is hereby amended by inserting, in lines 2 and 3, after the word “threats”, each
31	31	3time it appears, the following word:- , doxing.
32	32	4 SECTION 2. Chapter 214 of the General Laws is amended by inserting after section 3B
33	33	5the following new section:-
34	34	6 Section 3C. Action for doxing; liability
35	35	7 (a) As used in this section, the following words shall have the following meanings unless
36	36	8the context clearly requires otherwise:
37	37	9 “Close relation”, a current or former spouse or domestic partner, parent, child, sibling,
38	38	10stepchild, stepparent, grandparent, any person who regularly resides in the household or who 2 of 3
39	39	11within the prior 6 months regularly resided in the household, any person with a significant
40	40	12personal or professional relationship, or a family pet.
41	41	13 “Disclosure”, the dissemination, distribution, circulation, sharing, posting, publishing,
42	42	14transmittal, or release of information, including through electronic means.
43	43	15 “Doxing”, the knowing disclosure of personal identifying information of a person without
44	44	16that person’s consent that is intended to cause stalking, physical harm to person, or serious
45	45	17property damage, or to cause the person about whom the information pertains to reasonably fear
46	46	18for the physical safety of themselves or a close relation, and which causes, whether directly or
47	47	19indirectly either: (i) stalking, physical harm to person, or serious property damage; or (ii) the
48	48	20person about whom the information pertains to reasonably fear for the physical safety of
49	49	21themselves or a close relation.
50	50	22 “Personal identifying information”, a person’s biometric data, home or work address,
51	51	23electronic mail address, home phone or cell phone number, Social Security number, driver’s
52	52	24license number or state-issued identification card number, license plate number, financial
53	53	25account number or credit or debit card number, or medical, financial, education, consumer, or
54	54	26employment information or records, in combination with that person’s name, prior legal name,
55	55	27alias, photograph or likeness, mother's maiden name, or date or place of birth; which that person
56	56	28has not made readily apparent to the public, or which that person has not authorized another
57	57	29person or organization to make readily apparent to the public.
58	58	30 (b) Doxing shall be unlawful.
59	59	31 (c) A person who is a target of doxing may pursue a cause of action for doxing, as
60	60	32defined in this section. The action may seek injunctive relief, special and general damages, and 3 of 3
61	61	33attorneys’ fees and costs. The plaintiff in such action shall prove doxing occurred by a
62	62	34preponderance of the evidence. Notwithstanding any general or special law to the contrary, the
63	63	35parent or legal guardian of an unemancipated minor child shall be liable for any judgment
64	64	36rendered against such minor pursuant to this section.
65	65	37 (d) A plaintiff who proves by a preponderance of the evidence that doxing was motivated
66	66	38by the plaintiff’s or the plaintiff’s close relation’s race, color, religion, ethnicity, national origin,
67	67	39citizenship status, sex, gender, sexual orientation, gender identity or expression, physical or
68	68	40mental health condition, or disability shall be entitled to up to treble damages in addition to any
69	69	41other remedy.
70	70	42 (e) It shall not be a violation of this section for a person to disclose personal identifying
71	71	43information for the purpose of:
72	72	44 (1) reporting conduct reasonably believed to be unlawful;
73	73	45 (2) reporting conduct reasonably believed to constitute a crime to a law enforcement
74	74	46officer or a law enforcement agency;
75	75	47 (3) publishing, disseminating, or reporting conduct by a public official, law enforcement
76	76	48officer, or law enforcement agency that is reasonably believed to be unlawful or otherwise an
77	77	49abuse of authority;
78	78	50 (4) engaging in lawful and constitutionally protected activity as it pertains to speech,
79	79	51assembly, press, or petition, including to address a matter of public concern; or
80	80	52 (5) investigating or prosecuting a violation of this section.