Is Doxxing Illegal?

Doxxing is the act of exposing someone’s private information online. It’s usually done maliciously by cyberstalkers with the intent of harassing a victim through public embarrassment, defamation or intimidation. Getting doxxed can be an incredibly frustrating experience at the least, and at the worst it can be a terrifying, damaging and life-changing situation. Nonetheless, there are a lot of misconceptions and myths regarding this topic — such as whether or not it’s illegal to dox someone, or whether or not it can ever be justified.

What exactly is doxxing?

As mentioned above, doxxing is the act of exposing another person’s private information. This information includes a person’s unlisted telephone number, their private address, medical records, bills of any kind or any kind of documents pertaining to expunged or “sealed” court records. Sharing a person’s private photos without their permission can also count as doxxing. Furthermore, finding out a person’s place of employment and sharing it can also count as doxxing — especially if it is being done maliciously. According to The Reeves Law Group, exposing someone’s private employment is considered doxxing — even if it’s motivated by social justice. Sharing any information that is not publicly available, simply put, is doxxing.

What isn’t doxxing

Sharing any information that is publicly available is not doxxing. You cannot dox someone with information that they’ve either personally posted on the internet, or information that is otherwise “public record.” If any details about someone is part of the public domain, it cannot be considered “private information.” That is because — obviously — something cannot be private and public at the same time. Again, doxxing is the act of exposing someone’s private information. This does not include anything you can find through a cursory internet search of the person’s name or screen name. This does not include any information that is available via public records. This does not include home or mailing addresses that are publicly listed on the internet — though there are some exceptions to this final point.

Is doxxing illegal?

Doxxing is only considered a criminal offense in a few specific states — and even then, the criteria for legitimate doxxing is quite precise. At this time there are no federal laws regarding the exposing of peoples’ private information. However, there are federal laws that prevent certain “protected” individuals from being doxxed. Those people include jurors, judges and others who have special protection privileges from the government.

It is a common misconception that you will be arrested if you dox someone — whether intentionally or not, whether maliciously or not. The fact of the matter is that only certain situations constitute an arrest when someone has been doxxed. If you obtain private information — that has never been published or made public — you might be held criminally liable if your state has any written laws regarding doxxing. If you obtain private information through dishonest or criminal means such as hacking, phishing or deception, then you’ve certainly committed a crime — but the gravity of the crime, again, depends on the laws of your state, as well as the seriousness of the private information you obtain and share.

When is doxxing a justified act?

Sometimes behavior that can be considered “doxxing,” isn’t necessarily unjustified. This includes exposing dangerous criminal behavior or anything that can constitute a threat to others. For example if a sex offender fails to register and moves into your neighborhood, you are not unjustified in warning your neighbors or publicly bringing the situation to attention. If someone has confided private information that could result in someone getting injured — or worse — you are justified in exposing the information. Furthermore, if you are 100% certain of someone’s identity that stalking, harassing or committing crimes in order to cause you distress, you’re justified in publicly bringing attention to your situation — and that includes naming your abuser.

Can someone sue you for doxxing them?

Civil court is a whole different matter from criminal topics. Even though it isn’t technically illegal to dox someone, you can certainly be sued by someone if they feel you’ve committed a civil violation by doxxing them. If someone can prove in civil court that you maliciously doxxed them with the motive of causing them emotional or financial harm you could find yourself shelling out money to the plaintiff. The same can be said if they can prove that you doxxed them in order to incite violence, therefore creating an environment of terror for them.

Conclusion

Actual doxxing is a problematic behavior that is rarely justifiable, but it’s not necessarily illegal. Check your local laws to be certain about the legality in your state.