Senate takes aim at ‘doxing’ of minors with bill

FRANKFORT, Ky. (WTVQ) – Legislation to criminalize a type of online harassment passed the state Senate today by a 26-10 vote.

Senate Bill 240, dubbed the “anti-doxing measure,” would make it a crime for a person to use online communications to release identifying information of a minor with the intent to intimidate, abuse, threaten, harass or frighten. The information would include first and last names, birth dates, Social Security numbers, home addresses, school locations, email addresses or telephone numbers.

Such actions would be a misdemeanor but could be enhanced to a felony if physical harm, monetary loss or death resulted in the online communications.

“We obviously can’t undo the harm that was done to Covington Catholic student Nick Sandmann and his family, but hopefully with the passage of Senate Bill 240, we can discourage this event from happening to others,” said sponsor Sen. Wil Schroder, R-Wilder. He was referencing the online harassment of Sandman that followed the posting of a video of him with a Native American protester in Washington D.C.

Minority Floor Leader Morgan McGarvey, D-Louisville, said he couldn’t support SB 240 out of concern it would add unconstitutional restrictions on free speech and would be too broadly applied.

“Doxing is a problem,” Morgan said. “Cyberbullying is a major problem, but here we are responding with legislation that casts way too wide of a net that will ensnare people … even minors.”

Sen. Christian McDaniel, R-Taylor Mill, said he supported SB 240, in part, because no one offered alternative legislation to address the problem.

“We cannot sit back and continue to ignore the threats of a modern world,” he said, “and the ability from someone completely around the globe, across the nation or maybe just down the street to encourage another human being to harm our children.”

Despite some reservations, Sen. Robin L. Webb, D-Grayson, said she supported SB 240. She said it would help protect children who are pursuing a cultural activity such as hunting, fishing or showing farm animals from online harassment from radical animal rights activists.

Sen. Tom Buford, R-Nicholasville, said SB 240 could set an example that doxing of youth will not be tolerated, no matter who is doing it.

“Perhaps the bill goes too far, but I’m sick and tired of the trash that comes from some students at these schools that identify children out there that causes them to be bullied in the days of their remaining school life,” he said. “Yeah, maybe it is too much, but I’m willing to go that far. Let’s stop it. We can stop it here.”

SB 240 now goes to the House for its consideration.