Bills to curtail the practice of “doxing” have been scheduled for hearings this week in the House and Senate. “Doxing” is the practice of intentionally publishing a person’s personal identifying information without consent, usually online. The practice is typically used to harass or threaten the person whose information was released, including public officials.

HB 1335, sponsored by Rep. Drew Hansen (D–Bainbridge Island), creates a new civil action against publishing a person's “personal identifying information” when the publication:

• Was made without the express consent of the person whose information it was;
• Was made with either the intent or knowledge that the information will be used to harm the person whose information it was, or was made with reckless disregard for the risk that the information will be used to harm them; and
• Causes the person whose information it was to suffer either physical harm, significant economic injury, mental anguish, fear of serious physical harm or death to themselves or a close relation, or a substantial life disruption.

The bill includes exceptions for reporting criminal activity and for lawful, constitutionally protected speech. It precludes any defenses that the information was provided to the publisher voluntarily, had been previously publicly disclosed, or was otherwise readily discoverable through research and investigation. The victim of the publication can bring an action against the publisher or anyone who knowingly benefits from the publication and knew or should have known the publication was doxing. A successful plaintiff can win compensatory damages, punitive damages, statutory damages of $5000 per violation, attorney fees and costs, an injunction, or other relief the court deems fit. The bill includes a list of definitions, including what information is considered “personal identifying information.”

There is also a Senate companion, SB 5321, but it has not yet been scheduled for a hearing.

Another bill, SB 5299, sponsored by Sen. John Braun (R–Centralia) and a bi-partisan list of cosponsors, also addresses doxing. While that bill is primarily is about enhancing penalties for assaulting police officers, it also contains a section making doxing a gross misdemeanor for first offense, then a class C felony for subsequent offenses. It also creates a private cause of action for victims to sue the person who committed the doxing offense (after they are convicted of the gross misdemeanor), or sue anyone who knowingly benefits from “any venture” that they knew or should have known would result in a third degree assault. In doxing civil actions, the bill imposes joint and several liability on those liable for doxing, and allows victim to recover damages, attorney fees, and other relief.

SB 5299 defines doxing slightly differently than HB 1335. Under the bill, a person is guilty of doxing if:

• They post another person’s personally identifiable information without consent
• They know that publishing the information is reasonably likely to result in harassment, bodily injury, or death of the person identified
• The posting of the information causes the person identified to experience substantial life disruption, harassment, bodily injury, or death.

The bill excludes publishing information when reporting unlawful activity, participating in an official investigation by a government agency or an employer, or in connection with lawful constitutionally protected activities from the definition of doxing.

Public officials and some public employees like police are often the target of doxing campaigns, including some local government officials in Washington. In those cases, the publication of the official’s personal information was typically an attempt to intimidate, harass, or even just disrupt the lives of the officials or their families. However, especially when talking about public officials, there are important free speech considerations for attempts to prevent doxing. AWC will continue to follow this issue as it develops.

Dates to remember

HB 1335 is scheduled for a public hearing in the House Civil Rights & Judiciary Committee on Tuesday, January 31 at 10:30 am. It is also scheduled for a committee vote on Friday, February 3 at 10:30 am.

SB 5299 is scheduled for a public hearing in the Senate Law & Justice Committee on Tuesday January 31 at 10:30 am. It is also scheduled for a committee vote on Thursday, February 2 at 8 am.