Doxxing is perhaps the most damaging type of threat to individual privacy. While definitions of this term may vary, doxxing is (essentially) when personally identifying information is exposed on the internet, in an individually targeted manner meant to shame somebody.
When it comes to personal records maintained by healthcare providers, government agencies, or financial institutions, the public exposure of personally identifying details (such as social security numbers) usually involves hacking, identity theft, data leaks, or the mishandling of records in ways that violate existing legislation, such as HIPAA.
Doxxing differs from hacking, identity theft, and data leaks in that the exposure of personally identifying information is targeted at an individual to shame them. Unlike a data breach, the personally identifying information exposed in a doxxing incident usually involves the misuse of a person’s name and image to spread rumors.
The term “doxxing” is internet slang derived from the word “document” when used as a verb, i.e., to document somebody, and associate them publicly with something shameful. Political operatives may target their opponents by attempting to expose their anonymous social media or message board accounts. High school students and even adults may try to bully or humiliate one another by spreading rumors or embarrassing video about a person. Doxxing may also take the form of revenge porn, or social media influencers directing their followers to harass someone. It could also involve false or opportunistic accusations made online for personal reasons.
Doxxing exists in a moral and legal grey area. This is for three reasons:
First, because it results from the same mundane social chatter and gossip that human beings have always engaged in, extrapolated to the internet (with all its record keeping functions and potential for widespread publicity). In effect, doxxing is just a newer and more intensive version of very ancient shaming behaviors.
Second, because doxxing is just old-fashioned gossip and scandal (but filtered through new technology), it only appears wrong to us when our personal biases and political beliefs bring us to sympathize with the victim; whereas, if the victim is someone we dislike or disagree with, the same kind of doxxing may appear to us to be deserved, even a public service.
Third, because the news media intrinsically engages in doxxing when reporting on supposed wrongdoing, by targeting exposure and coverage at individuals, there can be a great deal of overlap between the activities of private individuals who engage in doxxing attacks, and the news coverage that may result. If someone films you in public in a harassing manner and publicizes the footage to shame you, the media may pick the story up and run with it if they think it is newsworthy. At that point, the individual harassing you would be considered to have doxxed you; whereas the media is just doing journalism by reporting a story. But the terrible effect on the targeted individual is the same.
If you are being doxxed, do you have legal recourse? What can you do? That depends.
Most states offer some form of protection under criminal law against cyber-bullying. From what we’ve seen, these laws don’t really protect against run-of-the-mill internet flamewars and shaming, unless the behavior is uniquely awful. However, if your images or information was obtained wrongfully, that may qualify as a crime. For example, if you asked an intimate partner to delete racy images of you, and that person kept those images and later exposed those images to others, you may want to press criminal charges.
Alternatively, you can bring civil action against someone who is doxxing you or engaging in targeted harassment on the internet. Claims that may be viable in doxxing cases could be defamation (if the things being said about you are false), invasion of privacy (if intimate information is being circulated), misappropriation (if the information being circulated about you was obtained wrongfully) and even interference with communications (if you were hacked or digitally eavesdropped upon).
As an alternative to bringing civil action in a lawsuit, it may be possible to prevail upon news media outlets to remove stories about you from their websites. While they will usually have the First Amendment right to publish that information and leave it up, an attorney request to a news publisher in the form of a letter sometimes gets results. In this manner, we have had excellent results removing news articles from websites for past clients. Results in such cases do vary, however.
There is a misconception many people have, that the law affords us a generalized right to privacy. Unfortunately, that is not really the case. While the Fourth Amendment protects us from warrantless searches and seizures by the government, the protection does not go further than that. Any other right to privacy enshrined in law is going to be found only under very narrow and specific instances, such as legislation like HIPAA that protects your medical records, or common law protections against commercial misappropriation, i.e., the public use of a private person’s name or likeness without their permission.
If you are being doxxed, give us a call for a free consultation. We are happy to listen, explain the legal implications, and formulate a plan. Call LATE NIGHT LAW today at (505) 225-2623.
Nothing on this website should be taken as legal advice, nor should it be taken to mean that you have an attorney-client relationship with LATE NIGHT LAW. We evaluate potential client matters on a case-by-case basis. Should you consult with us, under applicable law you will have confidentiality in those consultations, whether or not we ultimately decide to work together.