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Can I Sue Someone For Doxxing?
Reviewed by Katelynne Shepard
The internet offers immense opportunities to learn and share information. Unfortunately, internet trolls, cyberbullying and doxxing can make the internet a scary and threatening place.
Doxxing refers to publishing private information about someone, "especially as a form of punishment or revenge." Sometimes, doxxing also refers to publicly identifying the real identity of a person attempting to remain anonymous. Those who find and disclose private information are called doxxers.
Doxxing is often done to punish a person with an opposing viewpoint on a controversial topic. Doxxers sometimes seek revenge against someone who has slighted them in some way. Intimidation and blackmail are additional motives for doxxing.
Examples of doxxing include:
- Posting the real, legal name of a person who owns an anonymous account on social media or elsewhere
- Publishing the home address, cell phone number or other private contact information belonging to a celebrity, police officer or other individual who doesn't want the information made public
- Contacting a person's employer or family about the person's online activities
- Publishing other private information about a person, including information about where the person works or where their children attend school
The term "doxx" is also sometimes spelled "dox." Doxxing is probably slang coming from the phrase "dropping documents," which has the same meaning. "Doxx" and "docs" have the same pronunciation.
Is Doxxing Illegal?
Although doxxing isn't specifically illegal in most places, it often involves unlawful activities. Doxxers can face fines or prison time if they violate state or federal laws.
Gathering Private Information About a Victim
Doxxers may engage in illegal activities to obtain private information. Criminal acts may include:
- Computer and account hacking
- Eavesdropping
- Phishing scams to get passwords or other information
- Fraud
However, gathering information about a person's identity isn't necessarily illegal. Doxxers may determine a person's true identity behind a social media account by finding linked accounts or reading old posts until identifying information is found.
For example, doxxers may be able to determine a person's identity by piecing together bits of small information, such as:
- The city where the person lives
- What kind of work they do
- How many children they have
- The type of car they drive
- When they were married or divorced
- Physical characteristics
Addresses, marriage certificates and other information are often publicly available. This information isn't always easy to get — it may require knowing where to look or filing a request for public records — but obtaining it isn't illegal.
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Is Sharing Private Information Illegal?
Determining the legality of publishing private information can be challenging. Doxxers usually aren't posting anything that isn't true. In some cases, the disclosed information has technically always been available to the public. Doxxers just make it easier for people to find.
However, doxxers may act to scare a victim, ruin the person's livelihood or encourage third parties to commit violence against the victim. In these cases, doxxing may violate state and federal laws against threats, harassment and inciting violence.
Doxxing can also violate stalking laws. Federal stalking laws prohibit conduct that:
- Is intended to harass or intimidate the victim
- Would cause a reasonable person to feel emotional distress, fear for their safety or fear for the safety of their family
States have similar stalking laws, and doxxing often fits within the definition of criminal behavior under these laws.
Special Protection for Those Performing Official Duties
Additional protection is available under federal law for people performing specific official duties, including:
- Officers or employees of the U.S. Government
- Federal jurors, witnesses and court officers
- Informants and witnesses in federal investigations
- State and local officers whose information is available due to participation in a federal criminal investigation
Federal law prohibits disclosing any restricted personal information about people performing covered duties.
You may be able to sue someone for doxxing you. However, your ability to do this may depend on your location and the details of your case. Speaking with a lawyer about your options is always a good idea. You should consider getting legal advice as soon as possible because, in addition to assisting with a lawsuit, a lawyer may offer advice on:
- How to prevent further damage
- Whether a restraining order is appropriate
- Whether you should report the incident to state or federal law enforcement
Some states have laws granting the right to sue for doxxing. Illinois recently passed a law allowing doxxing victims to sue for damages and seek restraining orders.
If you're in a state without a specific law on doxxing, you may still be able to sue for intentional infliction of emotional distress, defamation or wrongful interference with employment. Seeking a restraining order against the doxxer or other harassers may also be possible.
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