Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1116 Latest Draft

Bill / Introduced Version Filed 02/16/2023

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SENATE DOCKET, NO. 2287       FILED ON: 1/20/2023
SENATE . . . . . . . . . . . . . . No. 1116
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Rebecca L. Rausch
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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. RauschNorfolk, Worcester and MiddlesexDavid Allen Robertson19th Middlesex2/28/2023Simon Cataldo14th Middlesex2/28/2023Steven S. Howitt4th Bristol2/28/2023 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 
2Official Edition, is hereby amended by inserting, in lines 2 and 3, after the word “threats”, each 
3time it appears, the following word:- , doxing.
4 SECTION 2. Chapter 214 of the General Laws is amended by inserting after section 3B 
5the 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 
8the context clearly requires otherwise:  
9 “Close relation”, a current or former spouse or domestic partner, parent, child, sibling, 
10stepchild, stepparent, grandparent, any person who regularly resides in the household or who  2 of 3
11within the prior 6 months regularly resided in the household, any person with a significant 
12personal or professional relationship, or a family pet. 
13 “Disclosure”, the dissemination, distribution, circulation, sharing, posting, publishing, 
14transmittal, or release of information, including through electronic means. 
15 “Doxing”, the knowing disclosure of personal identifying information of a person without 
16that person’s consent that is intended to cause stalking, physical harm to person, or serious 
17property damage, or to cause the person about whom the information pertains to reasonably fear 
18for the physical safety of themselves or a close relation, and which causes, whether directly or 
19indirectly either: (i) stalking, physical harm to person, or serious property damage; or (ii) the 
20person about whom the information pertains to reasonably fear for the physical safety of 
21themselves or a close relation. 
22 “Personal identifying information”, a person’s biometric data, home or work address, 
23electronic mail address, home phone or cell phone number, Social Security number, driver’s 
24license number or state-issued identification card number, license plate number, financial 
25account number or credit or debit card number, or medical, financial, education, consumer, or 
26employment information or records, in combination with that person’s name, prior legal name, 
27alias, photograph or likeness, mother's maiden name, or date or place of birth; which that person 
28has not made readily apparent to the public, or which that person has not authorized another 
29person 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 
32defined in this section. The action may seek injunctive relief, special and general damages, and  3 of 3
33attorneys’ fees and costs. The plaintiff in such action shall prove doxing occurred by a 
34preponderance of the evidence. Notwithstanding any general or special law to the contrary, the 
35parent or legal guardian of an unemancipated minor child shall be liable for any judgment 
36rendered against such minor pursuant to this section. 
37 (d) A plaintiff who proves by a preponderance of the evidence that doxing was motivated 
38by the plaintiff’s or the plaintiff’s close relation’s race, color, religion, ethnicity, national origin, 
39citizenship status, sex, gender, sexual orientation, gender identity or expression, physical or 
40mental health condition, or disability shall be entitled to up to treble damages in addition to any 
41other remedy. 
42 (e) It shall not be a violation of this section for a person to disclose personal identifying 
43information 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 
46officer or a law enforcement agency; 
47 (3) publishing, disseminating, or reporting conduct by a public official, law enforcement 
48officer, or law enforcement agency that is reasonably 	believed to be unlawful or otherwise an 
49abuse of authority; 
50 (4) engaging in lawful and constitutionally protected activity as it pertains to speech, 
51assembly, press, or petition, including to address a matter of public concern; or 
52 (5) investigating or 	prosecuting a violation of this section.