Illinois Gov. Pritzker Signs Into Law Anti-Doxing Act Amid Concerns Over Free Speech Implications

Illinois Gov. J.B. Pritzker in Washington in a July 14, 2021, file photograph. Saul Loeb/AFP via Getty Images

Illinois Governor JB Pritzker signed into law a new doxxing bill earlier this month that critics argue is “overly broad” and could impact speech protected under the First Amendment.

The Illinois Civil Liability for Doxing Act passed unanimously in both the House and Senate back in May and was signed into law by Gov. Pritzker, a Democrat, on Aug. 8.

Doxxing is the act of publishing online private or identifying information about an individual, such as their address or phone number, typically with malicious intent.

Under the newly signed legislation, which goes into effect on Jan. 1, 2024, doxxing is defined as intentionally publishing another individual’s personal information without their consent “with the intent that it is used to harm or harass the person whose information is published or reckless disregard that the person whose information is published would be reasonably likely to suffer death, bodily injury, or stalking,”

The law states that doxxing would also have occurred if the publishing of the information causes the victim to “suffer significant economic injury or emotional distress or to fear serious bodily injury or death of the (victim) or a family or household member,” or cause the victim “to suffer a substantial life disruption.”

According to the law, any individual who is a victim of doxxing may bring a civil lawsuit against those who commit the doxxing offense, as well as any individual or entity who “directs one or more persons to violate” the bill and “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.”

Victims may attempt to recover appropriate relief in the form of damages and reasonable attorney’s fees, the bill states. They may also ask the court to issue a restraining order to prevent continued disclosure of their personal information.

File photo of a hacker on his computer. Nicolas Asfouri/AFP via Getty Images

Perpetrators Use Internet to ‘Crowdsource Hate’

The bill includes exceptions, such as if an individual provides another person’s identifiable or sensitive information to report criminal activity to law enforcement officials or intelligence agencies, and if they are providing such 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.”

The measure was introduced by state Rep. Jennifer Gong-Gershowitz (D-Glenview) in February.

“One thing we’ve been seeing is the ability of perpetrators to use the internet to crowdsource hate,” Ms. Gong-Gershowitz told local publication the Daily Herald on Aug. 11. “This (law) creates a way to hold accountable those who perpetuate hate online.”

The Democrat also stressed she believes the law strikes the right balance between free speech rights and protecting victims of doxxing. It also excludes constitutionally protected activities such as protests, she noted.

The ADL (Anti-Defamation League) Midwest, which worked on the bill with Ms. Gong-Gershowitz and coalition members for around six months, also welcomed the passing of the bill amid what it said is a “dramatic increase in online hate in recent years.”

“States need laws on the books that combat hate, bridge gaps in cyber laws and prioritize the needs of victims,” said David Goldenberg, ADL Midwest Regional Director. “Victims of doxing experience unthinkable pain, stress, and anxiety. We welcome this important anti-doxing legislation that places the needs of victims at the center and thank Representative Gong-Gershowitz and Senator Morrison for their leadership.”

However, critics, including the ACLU of Illinois, a nonpartisan, legal and advocacy organization, have argued the bill is “overly broad” and could essentially deprive individuals of their constitutional right to free speech.

ACLU advocacy strategist Angela Inzano, who testified against the bill in Springfield, told local media that critics are concerned with the law’s definition of “publish” which she said remains too broad.

‘Chilling Effect’ on Free Speech

The bill describes the term “publish” as “circulate, deliver, distribute, disseminate, post, transmit, or otherwise make available to another person.”

It does not include “writing or electronically communicating to one other person in private communications for which an individual has a reasonable expectation of privacy.”

However, Ms. Inzano said the bill only excludes one-on-one texts or emails and does not cover private communications between three people or more.

She also pointed to what the law deems “personally identifiable information.”

“The way the law is drafted right now, a person’s name and then where they work, in combination, would be considered personally identifiable information,” Inzano said in an interview cited by the Chicago Tribune. “And so, to us, a lot of folks are sharing information like that on social media and we’re just concerned about a chilling effect on that speech.”

Elsewhere, Ed Yohnka, director of communications and public policy for the ACLU of Illinois, told the Daily Herald that he believes the law “continues to be overly broad and inclusive of protected speech–namely, the inclusion of both truly publicly available information as well as private conversations between more than two people.”

“For that reason, we opposed the final bill,” he said.

Illinois is the latest U.S. state, including Maryland, Nevada, and Oregon, to roll out anti-doxxing laws.

According to Safe Home, approximately 21 percent of Americans—more than 43 million people— have been victims of doxxing, with roughly 52 percent of doxxing attacks stemming from online interactions with strangers.