As a defamation law firm, one of the most common threats to reputation that we see on social media is doxxing.
Doxxing is perhaps the most damaging type of threat to individual privacy. Typically, doxxing occurs when personally identifying information is exposed on the internet, in an individually targeted manner meant to shame or intimidate somebody. Doxxing cases often go hand in hand with defamation, and our defamation attorney has experience assisting people who have been the targets of doxxing.
The term “doxxing” is internet slang derived from the word “document” when used as a verb. It means to “document” somebody, i.e., to publish their personally identifying information. Most commonly, political operatives dox their opponents by attempting to identify and associate an anonymous social media or message board account to a specific individual.
In 2023, Washington state legislators passed anti-doxxing legislation. The law, RCW 4.24.792, prohibits the publication of an individual’s personally identifying information without their consent, with intent to harm that individual or with reckless disregard for the likelihood that harm will occur. The statute defines harm broadly, to include physical injury, significant economic injury, mental anguish, fear of serious bodily injury or death for the targeted person or a family member, or “a substantial life disruption,” which would seem to include losing a job or having to relocate.
The law also contains a laundry list of exceptions intended to protect legitimate first amendment activity, such as reporting a crime, reporting for a news media outlet as defined elsewhere in statute (RCW 5.68.010(5)), requesting public records, and complying with legal process. When this law is inevitably challenged, it will be interesting to see whether these caveats can spare it from strict scrutiny.
Indeed, activists have expressed concern about Washington’s anti-doxxing law (and similar laws in a handful of other states) due to the possibility that its provisions run afoul of the first amendment’s free speech guarantee.
We believe these concerns are misplaced. In fact, the conduct that Washington’s anti-doxxing law prohibits is a greater threat to free speech than anti-doxxing legislation. That’s because doxxing usually targets individuals to intimidate them from engaging in political speech.
Anonymous speech is essential both to free and open public discourse, and to privacy rights. The founding fathers knew this. That’s why the Federalist Papers were published under pseudonyms. Yet doxxing people for their political views has become standard journalistic practice.
Doxxing may also take the form of revenge porn, or social media influencers directing their followers to harass someone. It could also involve defamatory and opportunistic accusations made online for personal reasons. But the bottom line is that, in today’s highly polarized political atmosphere, the effect of doxxing is to place a target on someone’s back.
If you have been the victim of doxxing in Washington state, you want a lawyer who has experience in doxxing law. Legal matters involving doxxing can present a variety of options. Contact a doxxing lawyer at Late Night Law today for your free case evaluation or give us a call at (505) 225-2623.
The content on this website is intended for general informational purposes only. It does not constitute legal advice and does not create an attorney-client relationship between you and Late Night Law. Please consult an attorney for individualized advice if you have a legal matter.