Doxxing: Legal Remedies for Creators Whose Personal Information Is Exposed
Doxxing, defined as researching and publicly exposing someone's private personal information such as their home address, real name, workplace, or family members, is a serious threat to online creators, streamers, esports players, and anyone with a public-facing presence. The legal landscape around doxxing is evolving, and creators who understand their options are better positioned to respond effectively.
Is Doxxing Illegal?
Whether a specific doxxing incident is illegal depends on the jurisdiction, the intent behind it, and what happens as a result. Some states have enacted specific anti-doxxing statutes. Others address doxxing through existing stalking, harassment, cyberstalking, and identity theft laws. Federal law also provides some coverage, particularly where doxxing facilitates threats or is used as part of a campaign of harassment.
Even where doxxing itself is not specifically criminalized, the conduct that often accompanies it, including harassment, threats, swatting, and targeted physical harm, creates additional criminal exposure for the perpetrator. Documenting the full scope of conduct, not just the initial information exposure, is important when assessing criminal options.
Criminal vs. Civil Remedies
Criminal remedies involve reporting to law enforcement and allowing the state to prosecute. The threshold for law enforcement action varies. Local police may not have the training or resources to address online harassment effectively. Federal agencies, including the FBI's Internet Crime Complaint Center (IC3), handle cases with interstate or federal dimensions. State attorneys general have become more active in this space in recent years.
Civil remedies allow you to sue the person responsible for the doxxing. Potential causes of action include invasion of privacy, intentional infliction of emotional distress, stalking, and harassment. Civil litigation can result in damages and injunctive relief, including court orders prohibiting further disclosure. Anonymous doxxers can sometimes be unmasked through subpoenas directed at platforms hosting the disclosed information.
Protective Orders and Restraining Orders
A civil harassment restraining order, available in most states, prohibits a person from contacting, approaching, or communicating with you. The standard for obtaining a temporary restraining order is relatively low, and a full hearing is scheduled after the temporary order is in place. Restraining orders create enforceable legal obligations and can be an effective tool when the doxxer is identifiable.
Violating a restraining order is a criminal offense. Combined with documentation of the underlying conduct, a restraining order can establish a basis for law enforcement engagement even in jurisdictions that have been slow to act on standalone doxxing complaints.
Platform Reporting and Data Removal
Most major platforms have policies against doxxing and provide reporting mechanisms. Reporting is not a substitute for legal action in serious cases, but it can reduce the immediate spread of the disclosed information. Some platforms will also remove personally identifiable information from their search results; Google, for example, has a dedicated tool for requesting removal of personal information.
Data broker sites, which aggregate personal information and make it publicly searchable, are a common original source of doxxed information. Services that remove your information from data broker databases reduce the information available to potential doxxers.
Protecting Yourself Going Forward
Prevention is easier than remediation. Maintaining a separation between your online persona and personal information, including separate email addresses, P.O. boxes or virtual addresses for business mail, and regularly reviewed privacy settings, reduces the attack surface. Registering your domain name with privacy protection prevents your personal address from appearing in WHOIS records.
Michael Allen Legal advises creators on responding to doxxing, pursuing civil remedies, and implementing protective measures. If you have been doxxed or are concerned about your privacy as an online creator, reach out to discuss your situation.
