Kansas Senate Bill SB372

Kansas 2023-2024 Regular Session

• Introduced: 1/22/24
• Refer: 1/23/24
• Failed: 4/30/24

Caption

Enacting the civil liability for doxing act to prohibit intentionally publishing another person's personally identifiable information without the consent of the person whose information is published under certain circumstances and authorize a civil action for violations of the act to recover damages and obtain injunctive relief.

Impact

If enacted, SB372 would create a specific tort for doxing, allowing individuals aggrieved by such actions to bring civil suits in state courts. This would enable victims to demand damages for any harm suffered due to the unauthorized publishing of their sensitive information. The bill also includes provisions allowing for temporary restraining orders to prevent further disclosures of personal information during legal proceedings. By establishing penalties for doxing, the legislation seeks to deter malicious online behavior and enhance the protection of personal privacy in an increasingly interconnected digital environment.

Summary

Senate Bill 372, known as the Civil Liability for Doxing Act, aims to address the issue of doxing, which involves the intentional publication of an individual’s personally identifiable information without their consent. The bill specifically prohibits this action when it is done with the intent to harm or harass the individual, or when such actions result in significant harm including death, bodily harm, emotional distress, or substantial disruption to the victim's life. The law aims to provide victims a legal avenue to seek damages and obtain injunctive relief against offenders who violate these provisions.

Contention

Notable points of contention surrounding SB372 include concerns about the balancing of free speech rights against the need for privacy protections. Some advocates fear that the broad language defining doxing could potentially conflict with constitutional rights to free expression, particularly in cases where information is shared for the public good or in reporting unlawful activities. Additionally, critics may raise concerns regarding the implications of expanding civil liability and how that might lead to frivolous lawsuits, thus clogging the legal system. The bill also highlights discussions on the nuances of online behavior that straddles the line between free expression and malicious intent.