HB2954 103RD GENERAL ASSEMBLY

LRB103 30878 LNS 57401 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2954

Introduced 2/16/2023, by Rep. Jennifer Gong-Gershowitz

SYNOPSIS AS INTRODUCED:

New Act

Creates the Civil Liability for Doxing Act. Provides that 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 mental anguish or to fear serious bodily injury or death of the person or a family or household member to the person; or (ii) causes the person whose information is published to suffer a substantial life disruption. Allows a person who is aggrieved by a violation of the Act to bring a civil action against the individual who committed the offense to recover damages and obtain any other appropriate relief. Provides that an individual who is found liable under the Act shall be jointly and severally liable with each other individual, if any, who is found liable under the Act for damages arising from the same violation of the Act. Allows a court to 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. Allows a civil action to be brought in any county in which an element of the offense occurred, or in which a person resides who is the subject of the personally identifiable information or sensitive personal information published in violation of the Act.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

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.

"Family or household member" includes spouses, former spouses, parents, children, stepchildren, and other persons related by blood or by present or prior marriage, persons who share or formerly shared a common dwelling, persons who have or allegedly have a child in common, persons who share or allegedly share a blood relationship through a child, persons who have or have had a dating or engagement relationship, persons with disabilities and their personal assistants, and caregivers as defined in Section 12-4.4a of the Criminal Code of 2012. For purposes of this paragraph, neither a casual acquaintanceship nor ordinary fraternization between 2 individuals in business or social contexts shall be deemed to constitute a dating relationship. In the case of a high-risk adult with disabilities, "family or household member" includes any person who has the responsibility for a high-risk adult as a result of a family relationship or who has assumed responsibility for all or a portion of the care of a high-risk adult with disabilities voluntarily, by express or implied contract, or by court order.

"Mental anguish" means emotional distress or emotional suffering as evidenced by anxiety, fear, torment, or apprehension that may or may not result in a physical manifestation of mental anguish or a mental health diagnosis. "Mental anguish" is limited to emotional distress or emotional suffering that is protracted and not merely trivial or transitory.

"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.

"Regularly resides" means residing in the household with some permanency or regular frequency in the person's living arrangement.

"Stalk" or "stalking" means to knowingly or intentionally engage in a course of conduct, without a legitimate purpose, directed at or concerning a specific person that would cause a reasonable person to fear for the person's safety or the safety of a family or household member or to suffer substantial emotional distress.

"Substantial life disruption" means that a person significantly modifies that person's actions or routines in an attempt to avoid the individual or because of the individual's course of conduct. "Substantial life disruption" may include, but is not limited to, changing a phone number, changing an email address, deleting personal electronic accounts or significantly decreasing use of the Internet, moving from an established residence, changing daily routines, 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 mental anguish 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.

(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 lawful and constitutionally protected activity as it pertains to speech, assembly, and petition.

(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 the individual who committed the offense of doxing (or any individual or entity that knowingly benefits, financially or by receiving anything of value, from participation in a venture that the individual or entity knew or should have known involved a violation of this Act) and may recover damages and any other appropriate relief, including reasonable attorney's fees.

(b) 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.

Section 20. Injunctive relief. 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. 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.

Section 35. Construction and application. This Act shall be liberally construed and applied to promote its underlying purpose to protect persons from and provide adequate remedies to victims of doxing.

Section 97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.