Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1915 Compare Versions

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

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 701 FILED ON: 1/11/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 1915
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Tram T. Nguyen
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 :DATE ADDED:Tram T. Nguyen18th Essex1/11/2025Lindsay N. Sabadosa1st Hampshire1/17/2025 1 of 5
16	16	HOUSE DOCKET, NO. 701 FILED ON: 1/11/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 1915
18	18	By Representative Nguyen of Andover, a petition (accompanied by bill, House, No. 1915) of
19	19	Tram T. Nguyen and Lindsay N. Sabadosa relative to the malicious doxing of personal
20	20	information. The Judiciary.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 1707 OF 2023-2024.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
27	27	_______________
28	28	An Act relative to the malicious doxing of personal information.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Chapter 214 of the General Laws is hereby amended by inserting after
32	32	2section 3B the following section:-
33	33	3 Section 3C. Malicious Doxing
34	34	4 (a) For the purposes of this section, the following words shall have the following
35	35	5meanings, unless the context clearly requires otherwise:
36	36	6 “Disseminate”, disclose, distribute, share, publish, exhibit, advertise, release, transfer or
37	37	7otherwise make available. 2 of 5
38	38	8 “Family member”, an individual’s parent, grandparent, sibling, spouse, domestic partner,
39	39	9child, stepchild, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-
40	40	10in-law or sister-in-law.
41	41	11 “Gender-affirming health care services”, all supplies, care and services of a medical,
42	42	12behavioral health, mental health, surgical, psychiatric, therapeutic, diagnostic, preventative,
43	43	13rehabilitative or supportive nature relating to the treatment of gender dysphoria.
44	44	14 “Harassment”, conduct constituting the crime of criminal harassment pursuant to section
45	45	1543A of chapter 265 of the General Laws.
46	46	16 “Personal information”, information that:
47	47	17 (i) identifies, relates to or is reasonably capable of being associated with a specific
48	48	18individual or such individual’s family member; and
49	49	19 (ii) reveals such individual's or such individual family member’s:
50	50	20 (1) home address, including a primary or secondary residence;
51	51	21 (2) home phone number or cellphone number;
52	52	22 (3) social security number;
53	53	23 (4) electronic mail address; or
54	54	24 (5) school or employment location.
55	55	25 “Reproductive health care services”, all supplies, care and services of a medical,
56	56	26behavioral health, mental health, surgical, psychiatric, therapeutic, diagnostic, preventative, 3 of 5
57	57	27rehabilitative or supportive nature relating to pregnancy, contraception, assisted reproduction,
58	58	28miscarriage management or the termination of a pregnancy.
59	59	29 “Stalking”, conduct constituting the crime of stalking pursuant to section 43 of chapter
60	60	30265 of the General Laws.
61	61	31 (b) A plaintiff may bring a civil action in the superior court against another person for the
62	62	32malicious doxing of personal information if the plaintiff establishes by a preponderance of the
63	63	33evidence that:
64	64	34 (i) the person knowingly disseminated the personal information of the plaintiff or the
65	65	35plaintiff’s family member;
66	66	36 (ii) the person knew or reasonably should have known that the plaintiff or the plaintiff’s
67	67	37applicable family member did not consent to the dissemination of their personal information;
68	68	38 (iii) the person disseminated the personal information with the malicious intent to cause,
69	69	39aid, encourage or facilitate the harassment, stalking, death or bodily injury of the plaintiff or the
70	70	40plaintiff’s family member; and
71	71	41 (iv) the dissemination of the personal information:
72	72	42 (1) poses an imminent and serious threat to the safety of the plaintiff or the plaintiff’s
73	73	43family member; provided, however, that the person disseminating the personal information
74	74	44knows or reasonably should know of the imminent and serious threat;
75	75	45 (2) results in the harassment, stalking, death or bodily injury of the plaintiff or the
76	76	46plaintiff’s family member; or 4 of 5
77	77	47 (3) would cause a reasonable individual to fear the harassment, stalking, death or bodily
78	78	48injury of the individual or the individual’s family member.
79	79	49 (c) A plaintiff who prevails in a claim under this section may recover actual damages,
80	80	50punitive damages, injunctive relief, reasonable attorney fees, and any other appropriate equitable
81	81	51relief.
82	82	52 (d) In determining the overall amount of damages to assess against a person, the court
83	83	53shall consider whether the personal information was disseminated along with other sensitive
84	84	54information about the individual or the individual’s family member, including but not limited to,
85	85	55information concerning:
86	86	56 (i) the racial or ethnic origin, citizenship or immigration status, sexual orientation or
87	87	57religious beliefs of the individual or the individual’s family member;
88	88	58 (ii) the past or present mental or physical health condition, disability, diagnosis or
89	89	59treatment of the individual or the individual’s family member; or
90	90	60 (iii) whether the individual or the individual’s family member is seeking, providing,
91	91	61facilitating or promoting gender-affirming or reproductive health care services.
92	92	62 (e) A person found liable under this section shall be jointly and severally liable with each
93	93	63other person found liable under this section for the damages, reasonable attorney fees and costs
94	94	64awarded by the court arising from the same violation of this section.
95	95	65 (f) This section shall not be construed to impose liability on any of the following entities:
96	96	66(i) an interactive computer service, as such term is used in 47 U.S.C. 230; (ii) an information
97	97	67service provider, telecommunications provider, interconnected VoIP provider or a mobile service 5 of 5
98	98	68provider, as such terms are used in 47 U.S.C. 153; (iii) a commercial mobile service provider, as
99	99	69such term is used in 47 U.S.C. sec. 332(d); or (iv) a cable operator, as such term is used in 47
100	100	70U.S.C. sec. 522; provided, however, that the entity is acting in its capacity as a provider of such
101	101	71services and the content in question is provided by another person other than the entity.
102	102	72 (g) This section shall not apply to the dissemination of personal information:
103	103	73 (i) for the purposes of reporting conduct reasonably believed to be unlawful;
104	104	74 (ii) gathered in the exercise of the constitutionally protected rights of freedom of speech
105	105	75and assembly; or
106	106	76 (iii) for the purposes of a party’s exercise of its right to petition, as such term is defined in
107	107	77section 59H of chapter 231 of the General Laws.
108	108	78 (h) An action under this section shall be commenced not later than two years after the
109	109	79occurrence of the conduct that gives rise to a claim for relief.
110	110	80 SECTION 2. Section 1 of this act applies to conduct occurring on or after the effective
111	111	81date of this act.