Gavin Howe
Doxxing is not illegal in the US, but there are no specific anti-doxxing laws in most jurisdictions. However, there are other crimes that doxxers can be charged for, such as stalking, harassment, identity theft, or incitement to violence. In addition to federal laws, many states have their own laws to deter doxxing. For example, in California, Penal Code Sections 422 and 646.9 punish anyone who makes credible threats through electronic communications. In Ohio, the Menacing by Stalking statute allows the state to charge and prosecute someone involved in doxxing.
| Characteristics | Values |
|---|---|
| Doxxing is illegal in the US | No, there are no specific anti-doxxing laws in most jurisdictions |
| Doxxing is illegal in the US state of | Kentucky |
| Doxxing is prosecutable under federal laws | Yes |
| Doxxing is prosecutable under state laws | Yes |
| Doxxing is prosecutable under civil law | Yes |
| States with anti-doxxing laws | California, Ohio, New York, New Jersey, Illinois, Washington |
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What You'll Learn
Stalking
Doxxing is not illegal in the US, but there are no specific anti-doxxing laws in most jurisdictions. However, the legality of doxxing is determined on a case-by-case basis, and there are other crimes that doxxers can be charged for, such as stalking, harassment, identity theft, or incitement to violence. Many states have their own laws to deter doxxing. For example, in California, Penal Code Sections 422 and 646.9 punish anyone who makes credible threats through electronic communications. In Ohio, the Menacing by Stalking statute allows the state to charge and prosecute someone involved in doxxing. In New York, Penal Code Section 240.30 addresses aggravated harassment online. In New Jersey, doxxing active or retired law enforcement officers and their family members is a third or fourth-degree crime, and victims can also take civil action. In Illinois, doxxing is not a state crime, but victims can take civil action if the information was published with the intent to cause harm or if the publishing of information caused mental, economic, or life disruption.
To prove stalking, the prosecution must show that the defendant engaged in a pattern of conduct that would cause a reasonable person to fear for their safety or the safety of others. This can include a single incident or a series of incidents over a period of time. The specific elements of the crime of stalking vary by state, but generally include elements such as threatening, harassing, or intimidating the victim, following or surveilling the victim, or making unwanted contact with the victim.
The impact of stalking can be devastating for victims, causing fear, anxiety, and a sense of loss of control. Victims may feel like they are constantly looking over their shoulder and may take steps to avoid the stalker, such as changing their daily routines, avoiding certain places, or even moving to a new location. Stalking can also have a significant impact on the victim's mental health, leading to depression, anxiety, or post-traumatic stress disorder.
If you are being stalked, it is important to take steps to protect yourself. This can include documenting and reporting the stalking behaviour to the police, obtaining a restraining order, and seeking support from a domestic violence or stalking advocacy organisation. It is also important to trust your instincts and take any threats or concerns seriously.
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Harassment
Doxxing is not explicitly illegal in the US, but it can be considered a form of harassment, which is against the law. Harassment laws vary from state to state, but generally, it is defined as any repeated or continuing pattern of unwanted and annoying behaviours that alarm, abuse, torment, or embarrass another person. This can include online harassment, such as posting sensitive personal details about someone on social media or other online platforms.
Some states have specific laws that address online harassment. For example, in California, Penal Code Sections 422 and 646.9 punish anyone who makes credible threats through electronic communications. New York's Penal Code Section 240.30 also addresses aggravated harassment online. Additionally, some states have anti-doxxing laws, such as Kentucky, which passed an anti-doxxing law in 2021.
It's important to note that doxxing can also lead to other forms of harassment, such as stalking or identity theft. In some cases, doxxing may be used to facilitate these other crimes. For example, a doxxer may publish someone's personal information online, which could then be used by others to stalk or harass the victim.
If you are a victim of doxxing-related harassment, you can report it to the police or take civil action, depending on the laws in your state. You can also take steps to protect yourself online, such as removing sensitive personal information from public view and increasing your online security.
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Identity theft
Doxxing is not illegal in the US, as there are no specific anti-doxxing laws in most jurisdictions. However, it can be prosecuted under federal laws, state laws, or civilly by family members. Doxxing can also be considered a form of identity theft, which is a crime. Identity theft is a serious issue that can have devastating consequences for victims. It occurs when someone accesses and uses another person's personal information without their consent, often for financial gain or to commit other crimes. This can include stealing someone's identity to open new credit card accounts, take out loans, or make purchases in their name. It can also involve hacking into someone's email or social media accounts to impersonate them or steal their personal information. Identity theft can lead to financial loss, damage to credit scores, and even ruin someone's reputation. To prevent identity theft, it is important to protect your personal information, such as Social Security numbers, bank account details, and passwords. This includes being cautious about what information you share online and who you share it with. Additionally, regularly reviewing your financial statements and credit reports for any suspicious activity can help detect identity theft early on. If you suspect that you have been a victim of identity theft, it is crucial to act quickly. Report the incident to the police and contact the relevant financial institutions to freeze or close any compromised accounts. You may also need to place a fraud alert on your credit file and consider enrolling in identity theft protection services. By taking proactive measures, you can help minimize the potential damage caused by identity theft and increase the chances of catching the perpetrator.
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Incitement to violence
Doxxing is not illegal in the US, but there are no specific anti-doxxing laws in most jurisdictions. Instead, the legality of doxxing is determined on a case-by-case basis. While compiling or publishing publicly available information is rarely illegal, there are other crimes that doxxers can be charged with, such as incitement to violence.
In the US, there are federal and state laws that address incitement to violence. The Interstate Communications Statute and the Interstate Stalking Statute may be applied to doxxing, depending on the details of the case. Additionally, many states have their own laws that can deter doxxing and prosecute those involved. For example, California's Penal Code Sections 422 and 646.9 punish anyone who makes credible threats through electronic communications. Ohio's Menacing by Stalking statute allows the state to charge and prosecute individuals involved in doxxing. New York's Penal Code Section 240.30 addresses aggravated harassment online. These laws can be used to prosecute individuals who use doxxing to incite violence.
Furthermore, victims of doxxing can take civil action in some states. For instance, in Illinois, doxxing is not a state crime, but victims can take civil action if the information was published with the intent to cause harm or if the publication of information caused mental, economic, or other types of harm. This allows individuals to seek legal recourse and hold doxxers accountable for their actions.
It is important to note that the interpretation and application of these laws can vary depending on the specific circumstances and the jurisdiction involved. While doxxing itself may not be illegal in the US, the unauthorised publication of personal information with the intent to incite violence can have serious legal consequences.
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Extortion
Doxxing is not explicitly illegal in the US, but it can be prosecuted under federal laws, state laws, or civilly by family members. While compiling or publishing publicly available information is rarely illegal, there are other crimes that doxxers can be charged with, such as stalking, harassment, identity theft, or incitement to violence.
Doxxing can be considered a form of extortion, which is a criminal offence in the US. Extortion is defined as "the act of obtaining money, property, or services from a person, entity, or institution, through coercion". In the context of doxxing, extortion could involve threatening to release sensitive or embarrassing information about an individual unless they pay a sum of money. This type of behaviour is explicitly mentioned by a law group as an example of how doxxing can fall under state laws relating to extortion.
In addition to state laws, federal laws may also apply to doxxing that involves extortion. For example, the Hobbs Act is a federal statute that prohibits extortion that affects interstate or foreign commerce. Under the Hobbs Act, extortion is defined as "the obtaining of property from another, with his consent, induced by wrongful use of actual or threatened force, violence, or fear, or under color of official right". This means that if a doxxer threatens to release information with the intent to harm an individual's reputation or cause them financial loss, and that individual pays money to prevent the release of information, the doxxer could be charged with extortion under the Hobbs Act.
It is important to note that the legality of doxxing is determined on a case-by-case basis, and the specific facts of each case will determine whether extortion charges can be brought. Additionally, state laws may vary, and some states may have specific anti-doxxing laws or civil liability provisions that address doxxing-related extortion. For example, in New Jersey, "Daniel's Law" makes it a crime to doxx active, formerly active, or retired local or state judicial officers, prosecutors, or law enforcement officers and their family members. This law also allows victims of doxxing to take civil action. In Illinois, doxxing is not a state crime, but victims can take civil action if the information was published with the intent to cause harm or if the publishing of information caused mental, economic, or other types of harm.
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Frequently asked questions
Doxxing itself is not illegal, but there are no specific anti-doxxing laws in most jurisdictions. However, there are other crimes that doxxers can be charged for, such as stalking, harassment, identity theft, or incitement to violence.
In California, Penal Code Sections 422 and 646.9 punish anyone who makes credible threats through electronic communications. In Ohio, the Menacing by Stalking statute allows the state to charge and prosecute someone involved in doxxing. In New York, Penal Code Section 240.30 addresses aggravated harassment online.
In the US, the Interstate Communications Statute and the Interstate Stalking Statute may be applied to doxxing, depending on the details of the case.
Yes, victims of doxxing can take civil action in states such as Illinois and New Jersey.
Washington’s law defines doxxing as the “unauthorized publication of personal identifying information with intent or knowledge that the information will be used to harm the individual whose information is published, or with reckless disregard for the risk the information will be used to harm the individual whose information is published.
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