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| Public Act 103-0439 | ||||
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the Civil | ||||
Liability for Doxing Act. | ||||
Section 5. Definitions. As used in this Act: | ||||
"Course of conduct" means a pattern of conduct composed of | ||||
2 or more acts, evidencing a continuity of purpose. | ||||
"Electronic communication" means any transfer of signs, | ||||
signals, writing, images, sounds, data, or intelligence of any | ||||
nature transmitted in whole or in part by a wire, radio, | ||||
electromagnetic, photoelectronic, or photo-optical system. | ||||
"Emotional distress" means significant mental suffering, | ||||
anxiety, or alarm. "Emotional distress" is limited to | ||||
emotional suffering that is protracted and not merely trivial | ||||
or transitory. | ||||
"Family or household member" has the meaning given to the | ||||
term "family or household members" in Section 103 of the | ||||
Illinois Domestic Violence Act of 1986. | ||||
"Personally identifiable information" means any | ||||
information that can be used to distinguish or trace a | ||||
person's identity, such as name, prior legal name, alias, | ||||
mother's maiden name, and date or place of birth in | ||||
combination with any other information that is linked or | ||
linkable to a person such as: | ||
(1) social security number, home address, phone | ||
number, email address, social media accounts, or biometric | ||
data; | ||
(2) medical, financial, education, consumer, or | ||
employment information, data, or records; | ||
(3) any other sensitive or private information that is | ||
linked or linkable to a specific identifiable person, such | ||
as gender identity, sexual orientation, or any sexually | ||
intimate visual depiction; or | ||
(4) any information that provides access to a person's | ||
teleconferencing, video-teleconferencing, or other | ||
digital meeting room. | ||
"Post" means to circulate, deliver, distribute, | ||
disseminate, transmit, or otherwise make available to 2 or | ||
more persons through electronic communication. | ||
"Publish" means to circulate, deliver, distribute, | ||
disseminate, post, transmit, or otherwise make available to | ||
another person. "Publish" does not include writing or | ||
electronically communicating to one other person in private | ||
communications for which an individual has a reasonable | ||
expectation of privacy. | ||
"Regularly resides" means residing in the household with | ||
some permanency or regular frequency in the person's living | ||
arrangement. | ||
"Stalk" or "stalking" has the meaning provided in Section | ||
12-7.3 of the Criminal Code of 2012, except that "stalking" | ||
does not include an activity that is part of a protest that is | ||
protected by the United States Constitution or the Illinois | ||
Constitution. | ||
"Substantial life disruption" means a material and | ||
significant alteration of an individual's livelihood. | ||
"Substantial life disruption" may include, but is not limited | ||
to, moving from an established residence, changing routes to | ||
and from work, changing employment or work schedule, or losing | ||
time at work or a job. | ||
Section 10. Doxing. | ||
(a) An individual engages in the act of doxing when that | ||
individual intentionally publishes another person's personally | ||
identifiable information without the consent of the person | ||
whose information is published and: | ||
(1) the information is published with the intent that | ||
it be used to harm or harass the person whose information | ||
is published and with knowledge or reckless disregard that | ||
the person whose information is published would be | ||
reasonably likely to suffer death, bodily injury, or | ||
stalking; and | ||
(2) the publishing of the information: | ||
(i) causes the person whose information is | ||
published to suffer significant economic injury or | ||
emotional distress or to fear serious bodily injury or | ||
death of the person or a family or household member of | ||
the person; or | ||
(ii) causes the person whose information is | ||
published to suffer a substantial life disruption; and | ||
(3) the person whose information is published is | ||
identifiable from the published personally identifiable | ||
information itself. | ||
(b) It is not an offense under this Act for an individual | ||
to: | ||
(1) provide another person's personally identifiable | ||
information or sensitive personal information in | ||
connection with the reporting of criminal activity to an | ||
employee of a law enforcement agency or in connection with | ||
any lawfully authorized investigative, protective, or | ||
intelligence activity of any law enforcement agency or of | ||
an intelligence agency of the United States and the person | ||
making the report reasonably believes the alleged criminal | ||
activity occurred or the existing investigative, | ||
protective, or intelligence activity is legitimate; | ||
(2) disseminate the personally identifiable | ||
information for the purpose of, or in connection with, the | ||
reporting of conduct reasonably believed to be unlawful; | ||
or | ||
(3) provide a person's personally identifiable | ||
information in connection with activity protected under | ||
the United States Constitution or the Illinois | ||
Constitution pertaining to speech, press, assembly, | ||
protest, and petition, as well as the provision of | ||
personally identifiable information to the press. | ||
(c) Nothing in this Act shall be construed in any manner | ||
to: | ||
(1) conflict with Section 230 of Title II of the | ||
Communications Act of 1934 (47 U.S.C. 230); | ||
(2) conflict with 42 U.S.C. 1983; or | ||
(3) prohibit any activity protected under the | ||
Constitution of the United States or the Illinois | ||
Constitution. | ||
Section 15. Civil action. | ||
(a) A person who is aggrieved by a violation of this Act | ||
may bring a civil action against (i) the individual who | ||
committed the offense of doxing or (ii) any individual or | ||
entity that directs one or more persons to violate this Act and | ||
that knowingly benefits, financially or by receiving anything | ||
of value, from participation in a venture that the individual | ||
or entity knew involved a violation of this Act. | ||
(b) A person who is aggrieved by a violation of this Act | ||
may recover damages and any other appropriate relief, | ||
including reasonable attorney's fees. | ||
(c) An individual who is found liable under this Act shall | ||
be jointly and severally liable with each other individual, if | ||
any, who is found liable under this Act for damages arising | ||
from the same violation of this Act. | ||
(d) When a judgment is entered in favor of an individual | ||
alleged to have committed the offense of doxing, the court may | ||
award reasonable costs and attorney's fees to the defendant | ||
for defending any claim that the court finds was brought by the | ||
plaintiff and that the court finds was frivolous, baseless, or | ||
brought in bad faith. | ||
Section 20. Injunctive relief. | ||
(a) A court in which a suit is brought under this Act, on | ||
the motion of a party, may issue a temporary restraining | ||
order, emergency order of protection, or preliminary or | ||
permanent injunction to restrain and prevent the disclosure or | ||
continued disclosure of a person's personally identifiable | ||
information or sensitive personal information. Upon a motion | ||
by a party in a civil action brought under this Act, and | ||
following a full evidentiary hearing, a court may issue an | ||
order pursuant to this Section to prevent the publishing of a | ||
person's personally identifiable information or sensitive | ||
personal information if the court finds by clear and | ||
convincing evidence each of the following: | ||
(1) the individual to be enjoined published personally | ||
identifiable information or sensitive personal information | ||
in violation of this Act; | ||
(2) continued or further publishing of the personally | ||
identifiable information or sensitive personal information | ||
poses a present and ongoing risk of death, bodily injury, | ||
or stalking to another individual; and | ||
(3) the individual to be enjoined has no lawful or | ||
constitutional purpose for continued or further publishing | ||
of the personally identifiable information or sensitive | ||
personal information. | ||
(b) Any injunctive relief granted under this Section shall | ||
state the following with sufficient particularity to allow | ||
appellate review: | ||
(1) the required findings in subsection (a) of Section | ||
20 and the evidentiary basis and reasoning for the | ||
findings; | ||
(2) the expiration date of the injunction, which shall | ||
be no more than one year from the date of its entry; | ||
(3) that the enjoined individual may seek relief from | ||
the injunction, if the court determines, after notice and | ||
hearing, that one or more of the required findings in | ||
subsection (a) of Section 20 no longer apply; and | ||
(4) that the person who sought the injunction may seek | ||
an extension of the order of no more than one year if the | ||
court determines, after notice and hearing, that the | ||
required findings in subsection (a) of Section 20 continue | ||
to apply. | ||
(c) If a person violates any order issued under this | ||
Section, the court, in its discretion, may grant any civil | ||
remedy under State law. | ||
Section 25. Venue. A civil action may be brought in any | ||
county in which an element of the offense occurred, or in which | ||
a person resides who is the subject of personally identifiable | ||
information published in violation of this Act. | ||
Section 30. Constitutionality. The General Assembly does | ||
not intend this Act to allow, and this Act shall not allow, | ||
actions to be brought against constitutionally protected | ||
activity.
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Section 97. Severability. The provisions of this Act are | ||
severable under Section 1.31 of the Statute on Statutes.
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