Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S971 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. 1269 FILED ON: 1/19/2023
3	3	SENATE . . . . . . . . . . . . . . No. 971
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Barry R. Finegold
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 relative to the malicious doxing of personal information.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Barry R. FinegoldSecond Essex and Middlesex 1 of 5
16	16	SENATE DOCKET, NO. 1269 FILED ON: 1/19/2023
17	17	SENATE . . . . . . . . . . . . . . No. 971
18	18	By Mr. Finegold, a petition (accompanied by bill, Senate, No. 971) of Barry R. Finegold for
19	19	legislation relative to the malicious doxing of personal information. The Judiciary.
20	20	The Commonwealth of Massachusetts
21	21	_______________
22	22	In the One Hundred and Ninety-Third General Court
23	23	(2023-2024)
24	24	_______________
25	25	An Act relative to the malicious doxing of personal information.
26	26	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
27	27	of the same, as follows:
28	28	1 SECTION 1. Chapter 214 of the General Laws is hereby amended by inserting after
29	29	2section 3B the following section:-
30	30	3 Section 3C. Malicious Doxing
31	31	4 (a) For the purposes of this section, the following words shall have the following
32	32	5meanings, unless the context clearly requires otherwise:
33	33	6 “Disseminate”, disclose, distribute, share, publish, exhibit, advertise, release, transfer or
34	34	7otherwise make available.
35	35	8 “Family member”, an individual’s parent, grandparent, sibling, spouse, domestic partner,
36	36	9child, stepchild, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-
37	37	10in-law or sister-in-law. 2 of 5
38	38	11 “Gender-affirming health care services”, all supplies, care and services of a medical,
39	39	12behavioral health, mental health, surgical, psychiatric, therapeutic, diagnostic, preventative,
40	40	13rehabilitative or supportive nature relating to the treatment of gender dysphoria.
41	41	14 “Harassment”, conduct constituting the crime of criminal harassment pursuant to section
42	42	1543A of chapter 265 of the General Laws.
43	43	16 “Personal information”, information that:
44	44	17 (i) identifies, relates to or is reasonably capable of being associated with a specific
45	45	18individual or such individual’s family member; and
46	46	19 (ii) reveals such individual's or such family member’s:
47	47	20 (1) home address, including a primary or secondary residence;
48	48	21 (2) home phone number or cellphone number;
49	49	22 (3) social security number;
50	50	23 (4) electronic mail address; or
51	51	24 (5) school or employment location.
52	52	25 “Reproductive health care services”, all supplies, care and services of a medical,
53	53	26behavioral health, mental health, surgical, psychiatric, therapeutic, diagnostic, preventative,
54	54	27rehabilitative or supportive nature relating to pregnancy, contraception, assisted reproduction,
55	55	28miscarriage management or the termination of a pregnancy. 3 of 5
56	56	29 “Stalking”, conduct constituting the crime of stalking pursuant to section 43 of chapter
57	57	30265 of the General Laws.
58	58	31 (b) A plaintiff may bring a civil action in the superior court against another person for the
59	59	32malicious doxing of personal information if the plaintiff establishes by a preponderance of the
60	60	33evidence that:
61	61	34 (i) the person knowingly disseminated the personal information of the plaintiff or the
62	62	35plaintiff’s family member;
63	63	36 (ii) the person knew or reasonably should have known that the plaintiff or the plaintiff’s
64	64	37applicable family member did not consent to such dissemination of their personal information;
65	65	38 (iii) the person disseminated the personal information with the malicious intent to cause,
66	66	39aid, encourage or facilitate the harassment, stalking, death or bodily injury of the plaintiff or the
67	67	40plaintiff’s family member; and
68	68	41 (iv) the dissemination of the personal information:
69	69	42 (1) poses an imminent and serious threat to the safety of the plaintiff or the plaintiff’s
70	70	43family member; provided, however, that the person disseminating the personal information
71	71	44knows or reasonably should know of the imminent and serious threat;
72	72	45 (2) results in the harassment, stalking, death or bodily injury of the plaintiff or the
73	73	46plaintiff’s family member; or
74	74	47 (3) would cause a reasonable individual to fear the harassment, stalking, death or bodily
75	75	48injury of the individual or the individual’s family member. 4 of 5
76	76	49 (c) A plaintiff who prevails in a claim under this section may recover actual damages,
77	77	50punitive damages, injunctive relief, reasonable attorney fees, and any other appropriate equitable
78	78	51relief.
79	79	52 (d) In determining the overall amount of damages to assess against a person pursuant to
80	80	53this section, the court shall consider whether the personal information was disseminated along
81	81	54with other sensitive information about the individual or the individual’s family member,
82	82	55including but not limited to, information concerning:
83	83	56 (i) the racial or ethnic origin, citizenship or immigration status, sexual orientation or
84	84	57religious beliefs of the individual or the individual’s family member;
85	85	58 (ii) the past or present mental or physical health condition, disability, diagnosis or
86	86	59treatment of the individual or the individual’s family member; or
87	87	60 (iii) whether the individual or the individual’s family member is seeking, providing,
88	88	61facilitating or promoting gender-affirming or reproductive health care services.
89	89	62 (e) A person found liable under this section shall be jointly and severally liable with each
90	90	63other person found liable under this section for the damages, reasonable attorney fees and costs
91	91	64awarded by the court arising from the same violation of this section.
92	92	65 (f) This section shall not be construed to impose liability on any of the following entities:
93	93	66(i) an interactive computer service, as such term is used in 47 U.S.C. 230; (ii) an information
94	94	67service provider, telecommunications provider, interconnected VoIP provider or a mobile service
95	95	68provider, as such terms are used in 47 U.S.C. 153; (iii) a commercial mobile service provider, as
96	96	69such term is used in 47 U.S.C. sec. 332(d); or (iv) a cable operator, as such term is used in 47 5 of 5
97	97	70U.S.C. sec. 522; provided, however, that the entity is acting in its capacity as a provider of such
98	98	71services and the content in question is provided by another person other than the entity.
99	99	72 (g) This section shall not apply to the dissemination of personal information:
100	100	73 (i) for the purposes of reporting conduct reasonably believed to be unlawful;
101	101	74 (ii) gathered in the exercise of the constitutionally protected rights of freedom of speech
102	102	75and assembly; or
103	103	76 (iii) for the purposes of a party’s exercise of its right to petition, as such term is defined in
104	104	77section 59H of chapter 231 of the General Laws.
105	105	78 (h) An action under this section shall be commenced not later than two years after the
106	106	79occurrence of the conduct that gives rise to a claim for relief.
107	107	80 SECTION 2. Section 1 of this act applies to conduct occurring on or after the effective
108	108	81date of this act.