AB 1979

Bill Subjects

Abstract

Existing law makes it a crime for a person who, with the intent to place another person in reasonable fear for that other person's safety, or the safety of the other person's immediate family, by means of an electronic communication device, and without consent of the other person, and for the purpose of imminently causing that other person unwanted contact, injury, or harassment by a third party, distributes personal identifying information that would be likely to incite or produce that unlawful action. Existing law makes this a misdemeanor punishable by up to one year in a county jail or by a fine of not more than $1,000. This bill would create a private cause of action against a person who doxes, as defined, another person. The bill would entitle a prevailing plaintiff who suffers harm as a result of being doxed to specified damages, and would authorize the court to order equitable relief, as specified, and injunctive relief maintaining the confidentiality of a plaintiff using a pseudonym instead of their true name. The bill would authorize a plaintiff to proceed using a pseudonym and would require the plaintiff to file a confidential information form, as prescribed. The bill would require the court to keep the plaintiff's name and excluded or redacted characteristics confidential, as specified, and, upon request of the plaintiff, limit access to court records filed under these provisions to specified individuals. The bill would require the Judicial Council, on or before January 1, 2026, to adopt or revise as appropriate rules and forms to implement specified provisions. Existing law requires a court or judge, on granting an injunction, to require an undertaking on the part of the applicant sufficient to cover certain damages the party enjoined may sustain by reason of the injunction, if the court finally decides that the applicant was not entitled to the injunction. Existing law exempts from the undertaking requirement certain persons seeking an injunction, as specified. This bill would additionally exempt from the undertaking requirement an applicant seeking an injunction ordering the defendant to cease doxing activities. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.