Is Doxxing Illegal?

Unfortunately, there isn’t a satisfying “yes” or “no” answer to whether doxxing is illegal.

Generally speaking, the First Amendment of the United States Constitution protects individuals’ right to publish information that is considered a matter of public concern. However, if it isn’t a matter of public concern and/or it was published with malicious intent (to intimidate or cause harm), it’s no longer protected by the First Amendment. 

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Is doxxing illegal?

Publishing someone’s personal information isn’t illegal in the US and is protected by the First Amendment as long as the information is considered newsworthy. However, publishing information with malicious intent is illegal. Therefore, by definition, doxxing is typically considered illegal. 

What is doxxing?

Doxxing is the publication of personal information without consent and usually with malicious intent—whether to intimidate, harass, or cause harm. Check out our in-depth article on what doxxing is for more details and steps to protect yourself.

When is doxxing illegal?

If you’re wondering whether or not you’ll be breaking the law if you publish a person’s private information, the simplest place to start is by determining whether publishing the information:

• Is NOT motivated, in part or in whole, by the desire to cause the individual whose personal information is in question distress, bodily injury, or other harm.
• Is of legitimate concern to the public. 

If the answer is “no” to either one or both of these statements, the act would typically be considered illegal. 

If you believe you may be a victim of doxxing, and you’re wondering whether you can pursue legal action against the perpetrator/s, it’s not as simple. This is because the burden of proof lies with you.  

Can you provide proof that the perpetrator/s:

• Published information that isn’t of legitimate concern to the public.
• Published your personal information with the intent to cause you harm.
• Published incorrect or intentionally misleading information about you. 
• Used language to incite violence or commit other crimes against you. 
• Used language that was designed to or did cause you severe emotional distress. 

If you can check one or more of these boxes, you may be able to sue the perpetrator for doxxing. We’ll cover more information about how to pursue legal action and what to expect below. 

When is doxxing legal?

As a general rule, publishing newsworthy information isn’t illegal, as it’s a right protected by the First Amendment. Of course, this only remains true as long as there’s no malicious intent. 

Here are instances where doxxing might not violate US law:

1. Publication of lawfully obtained information: If personal information is legally obtained from public records or other legal means (such as publicly available social media profiles or government databases), its publication is often protected by the First Amendment. For example, publishing the name of a juvenile who committed a serious crime can be protected if the information is lawfully obtained and truthful​. 
2. Free speech protections: Courts generally protect the publication of truthful information, even if it is offensive or harmful, particularly if it relates to public matters. This principle has been upheld in cases such as Smith v. Daily Mail Publishing Co., where publishing the names of individuals involved in newsworthy events was protected under the First Amendment​.
3. Whistleblowing or exposing criminal behavior: Doxxing might be permitted when it reveals information about individuals involved in illegal or unethical activities. For example, individuals who participated in the January 6th Capitol riot were doxxed, and many of these cases were protected under free speech provisions as they exposed unlawful actions​.
4. Public figures or officials: Public figures, including government officials, have less privacy protection than the general public. Doxxing that involves publicly available information about public figures is often permissible, even if it leads to harassment, unless it involves specific threats or calls for violence​. 
5. Matters of public concern: The Supreme Court has ruled that even harmful or offensive speech can be protected if it relates to public debate or issues of significant public concern, such as exposing police misconduct or racism​. 

However, it’s important to note that these instances are balanced with privacy laws and anti-doxxing statutes in certain states that criminalize doxxing when it’s intended to cause harm, harassment, or violence​.

What’s legal in one state can sometimes be punishable by prison time in another. 

Federal anti-doxxing laws

Currently, there are no federal laws in the US that specifically criminalize doxxing. However, several existing federal statutes can be applied in cases involving doxxing. 

One key law is 18 U.S.C. § 119, which makes it illegal to publicly release restricted personal information (like addresses or Social Security numbers) of US government employees, jurors, witnesses, or their families with malicious intent. 

Additionally, 18 U.S.C. § 2261A, the federal anti-stalking statute, can be used to prosecute individuals who use electronic communications to harass or intimidate others, which may include doxxing behavior.

State anti-doxxing laws

While there’s no federal law, some states have laws prohibiting doxxing and harassment. 

This includes:

• The Personal Privacy Protection Act protects Americans who join or otherwise work with nonprofit organizations from Doxxing. So far, 20 states have adopted this law. 
• The Civil Liability for Doxing Act, prohibits publishing personal information without consent and with malicious intent. Active in Illinois since January 2023. 
• HB 1335 aims to prevent the unauthorized publication of personal information in Nevada. 
• HB 1643 protects public officials from doxxing in Oklahoma. 
• The Unlawful Disclosure of Residence Address or Telephone Number law makes it illegal to publish someone’s address or phone number online with malicious intent in Texas. 
• § 18.2-186.4. prohibits publishing personal information with the intention to harm or intimidate in Virginia. 
• RCW 4.24.792 makes the unauthorized publication of personal information illegal in Washington. 

These laws don’t address all forms of doxxing, but they cover cases where personal information is released with intent to harm or intimidate, especially when related to government employees or in cases involving stalking and harassment.

Make sure to check your state government websites for doxxing and online harassment laws so you know exactly what protections you have. 

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