(Georgia Recorder) — An attempt to crack down on so-called doxxing has been met with concerns from attorneys and First Amendment advocates who say the proposal is too broad and would hamper free speech.
Senate Bill 27, which is sponsored by Sen. John Albers, a Roswell Republican, would make it a crime to distribute someone’s personal information – such as their home address – in a way that could cause more than $500 in economic losses or leave the victim scared of being stalked or hurt.
“It’s really a contemporary and pernicious form of harassment just using the power of the internet,” Albers said. “It’s a gross violation of people’s privacy, often resulting in emotional distress, reputational damages, and in some cases, it has resulted in physical harm and death.
“While we can continue to digitize our lives, we have to address this issue,” he said.
The first offense would be a misdemeanor, but repeat offenders would be charged with a felony. More serious cases where the offender intends to cause harm could result in a felony that could land someone in prison for up to five years.
“I want to make sure we understand there’s absolutely no curbing any free speech,” Albers said, pointing to exceptions included in the bill.
But critics of the bill were not convinced. The Georgia First Amendment Foundation and individual attorneys spoke out against the bill during a House committee hearing Tuesday.
Sarah Brewerton-Palmer, the foundation’s president, said the doxxing issue is legitimate and needs to be addressed. But she argued that the proposal being considered is overly broad, particularly with the lower-level offense that includes situations where the offender demonstrated reckless disregard.
If passed, she said the bill would have a chilling effect on First Amendment protected speech – and could even ensnare journalists.
“We appreciate that threats and harassment, particularly those enabled by the anonymity of social media, are real and serious concerns in Georgia and throughout society,” Brewerton-Palmer wrote in a letter she delivered to lawmakers Tuesday.
“However, Senate Bill 27 presents little realistic likelihood of remedying those ills, while exposing innocent speakers and writers to arrest and prosecution that could be triggered by nothing more than publishing an already-prominent person’s name,” she said.
Brewerton-Palmer and others have said the bill could be applied to an unfavorable Yelp review, such as one urging people to avoid a specific physician because they have had their license suspended numerous times.
Andrew Fleischman, who is an attorney, presented a timely national example of what he argued could be considered doxxing under the proposal: An explosive report from The Atlantic’s editor that said he had been accidentally included in a text exchange with Trump administration Cabinet members about plans to bomb Yemen.
“A reporter was part of a text thread about national security, and in that conversation you learned who those people’s employers were and also where they’d be likely to be, and you know what? I think there’s a pretty good chance that those people will suffer mental anguish or economic harm,” he said.
Fleischman argued that existing laws can be used to go after people who are doxxing others in Georgia.
The bill advanced out of committee Tuesday night with a few dissenting votes from both parties and now goes to the gatekeeping House Rules Committee. April 4 is the last day of this year’s legislative session.
After the vote, Fleischman posted this on X: “It looks like this bill is going to pass. If you, or anyone you know, is charged with a violation of this law, call me. I will work for cheap or for free to overturn it.”
