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2 | 2 | | SENATE DOCKET, NO. 2203 FILED ON: 1/17/2025 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 1252 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Rebecca L. Rausch |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act establishing a right to freedom from doxing. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :Rebecca L. RauschNorfolk, Worcester and Middlesex 1 of 4 |
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16 | 16 | | SENATE DOCKET, NO. 2203 FILED ON: 1/17/2025 |
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17 | 17 | | SENATE . . . . . . . . . . . . . . No. 1252 |
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18 | 18 | | By Ms. Rausch, a petition (accompanied by bill, Senate, No. 1252) of Rebecca L. Rausch for |
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19 | 19 | | legislation to establish a right to freedom from doxing. The Judiciary. |
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20 | 20 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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21 | 21 | | SEE SENATE, NO. 1116 OF 2023-2024.] |
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22 | 22 | | The Commonwealth of Massachusetts |
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23 | 23 | | _______________ |
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24 | 24 | | In the One Hundred and Ninety-Fourth General Court |
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25 | 25 | | (2025-2026) |
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26 | 26 | | _______________ |
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27 | 27 | | An Act establishing a right to freedom from doxing. |
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28 | 28 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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29 | 29 | | of the same, as follows: |
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30 | 30 | | 1 SECTION 1. Section 11H of chapter 12 of the General Laws, as appearing in the 2022 |
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31 | 31 | | 2Official Edition, is hereby amended by inserting, in lines 2 and 3, after the word “threats”, each |
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32 | 32 | | 3time it appears, the following word:- , doxing. |
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33 | 33 | | 4 SECTION 2. Chapter 214 of the General Laws is hereby amended by inserting after |
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34 | 34 | | 5section 3B the following new section:- |
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35 | 35 | | 6 Section 3C. Action for doxing; liability |
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36 | 36 | | 7 (a) As used in this section, the following words shall have the following meanings unless |
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37 | 37 | | 8the context clearly requires otherwise: 2 of 4 |
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38 | 38 | | 9 “Close relation”, a current or former spouse or domestic partner, parent, child, sibling, |
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39 | 39 | | 10stepchild, stepparent, grandparent, any person who regularly resides in the household or who |
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40 | 40 | | 11within the prior 6 months regularly resided in the household, any person with a significant |
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41 | 41 | | 12personal or professional relationship, or a family pet. |
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42 | 42 | | 13 “Disclosure”, the dissemination, distribution, circulation, sharing, posting, publishing, |
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43 | 43 | | 14transmittal, or release of information, including through electronic means. |
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44 | 44 | | 15 “Doxing”, the knowing disclosure of personal identifying information of a person without |
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45 | 45 | | 16that person’s consent that is intended to cause stalking, physical harm to person, or serious |
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46 | 46 | | 17property damage, or to cause the person about whom the information pertains to reasonably fear |
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47 | 47 | | 18for the physical safety of themselves or a close relation, and which causes, whether directly or |
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48 | 48 | | 19indirectly either: (i) stalking, physical harm to person, or serious property damage; or (ii) the |
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49 | 49 | | 20person about whom the information pertains to reasonably fear for the physical safety of |
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50 | 50 | | 21themselves or a close relation. |
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51 | 51 | | 22 “Personal identifying information”, a person’s biometric data, home or work address, |
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52 | 52 | | 23electronic mail address, home phone or cell phone number, Social Security number, driver’s |
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53 | 53 | | 24license number or state-issued identification card number, license plate number, financial |
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54 | 54 | | 25account number or credit or debit card number, or medical, financial, education, consumer, or |
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55 | 55 | | 26employment information or records, in combination with that person’s name, prior legal name, |
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56 | 56 | | 27alias, photograph or likeness, mother's maiden name, or date or place of birth; which that person |
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57 | 57 | | 28has not made readily apparent to the public, or which that person has not authorized another |
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58 | 58 | | 29person or organization to make readily apparent to the public. |
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59 | 59 | | 30 (b) Doxing shall be unlawful. 3 of 4 |
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60 | 60 | | 31 (c) A person who is a target of doxing may pursue a cause of action for doxing, as |
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61 | 61 | | 32defined in this section. The action may seek injunctive relief, special and general damages, and |
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62 | 62 | | 33attorneys’ fees and costs. The plaintiff in such action shall prove doxing occurred by a |
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63 | 63 | | 34preponderance of the evidence. Notwithstanding any general or special law to the contrary, the |
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64 | 64 | | 35parent or legal guardian of an unemancipated minor child shall be liable for any judgment |
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65 | 65 | | 36rendered against such minor pursuant to this section. |
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66 | 66 | | 37 (d) A plaintiff who proves by a preponderance of the evidence that doxing was motivated |
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67 | 67 | | 38by the plaintiff’s or the plaintiff’s close relation’s race, color, religion, ethnicity, national origin, |
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68 | 68 | | 39citizenship status, sex, gender, sexual orientation, gender identity or expression, physical or |
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69 | 69 | | 40mental health condition, or disability shall be entitled to up to treble damages in addition to any |
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70 | 70 | | 41other remedy. |
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71 | 71 | | 42 (e) It shall not be a violation of this section for a person to disclose personal identifying |
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72 | 72 | | 43information for the purpose of: |
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73 | 73 | | 44 (1) reporting conduct reasonably believed to be unlawful; |
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74 | 74 | | 45 (2) reporting conduct reasonably believed to constitute a crime to a law enforcement |
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75 | 75 | | 46officer or a law enforcement agency; |
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76 | 76 | | 47 (3) publishing, disseminating, or reporting conduct by a public official, law enforcement |
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77 | 77 | | 48officer, or law enforcement agency that is reasonably believed to be unlawful or otherwise an |
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78 | 78 | | 49abuse of authority; |
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79 | 79 | | 50 (4) engaging in lawful and constitutionally protected activity as it pertains to speech, |
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80 | 80 | | 51assembly, press, or petition, including to address a matter of public concern; or 4 of 4 |
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81 | 81 | | 52 (5) investigating or prosecuting a violation of this section. |
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