Both chambers of Maine’s legislature passed a bill on Tuesday banning “doxing” minors that could be applied in future instances such as Rep. Laurel Libby (R-Auburn) criticizing transgender-identifying males competing in girls’ sports.
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“I’m just very cautious about this bill because it sounds like one that could be abused, and I’m just in fear of that,” said Sen. Scott Cyrway (R-Kennebec).
The bill, LD 537, was put forward by Rep. Melanie Sachs (D-Freeport) in February, notably before Rep. Libby was censured in the House after posting a publicly available picture of a transgender-identifying male standing victorious over female students at a high school track meet.
The House and Senate both accepted the Judiciary Committee’s majority “ought to pass as amended” report. The amendment struck out the original bill and inserted entirely new text that clarified many aspects while maintaining the original intent.
The bill defines doxing as the intentional, knowing, or reckless disclosure of a minor’s personal identifying information, and disregarding substantial risks that could be posed to the minor based on the doxing.
Even if no actual harm is done, doxing can be cause for a civil suit if the minor or the minor’s close relations “reasonably fear” for the minor’s safety.
Personal identifying information includes a variety of things, such as the name or location of the minor’s school, the minor’s name, the minor’s citizenship status, or a photograph taken in a private place or not available to the public.
Posting a publicly available photograph would not constitute doxing under the bill unless the photo also contained, or was accompanied by, other personal identifying information.
The picture that Laurel Libby posted on social media showing the trans-identifying minor athlete was publicly available, but it showed the minor wearing a shirt from his high school. Because the name of a minor’s high school is considered identifying information, that photograph could have been legally considered doxing if he or his parents could prove that they “reasonably feared” for his safety.
Under the amended version of the bill, anyone who “doxes” a minor may be subject to civil action, including punitive damages, if it is proven that the “doxing” was inspired by race, gender identity, or other characteristics protected under the Maine Human Rights Act (MHRA).
The bill provides exceptions for the public reporting of activities believed to be unlawful, committed by a minor, and “lawful activity protected by the United States Constitution or the Constitution of Maine pertaining to speech, assembly, press, or petition, including to address a matter of public concern.”
Expansively, the prohibition on doxing would extend even to 18-year-old legal adults if they qualify for, or are currently still enrolled in, public or private high school.
The House voted 78-69 in favor of the bill, largely along party lines, with Rep. Mark Babin (R-Fort Fairfield) being the only Republican to support the bill, and all Democrats voting in favor.
The Senate vote had a similar breakdown, with an 18-14 vote in favor, and only Sen. Rick Bennett (R-Oxford) broke with his party to support the bill.
