Computers, Privacy & the Constitution

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StewartPollockFirstPaper 4 - 02 Apr 2022 - Main.EbenMoglen
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<		It is strongly recommended that you include your outline in the body of your essay by using the outline as section titles. The headings below are there to remind you how section and subsection titles are formatted.
 

Sunlight or Stalking? The Legal Ramifications of Doxing

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 Laws such as Kentucky’s anti-doxing statute may provide a valuable way for the victims of harassment to strike back against those who maliciously publish their personal information online. However, by creating a private right of action for the release of publicly available information, they have the potential to create a chilling effect on legitimate journalism. Although the Kentucky law has not yet been tested, a relatively narrow construction, emphasizing the “reasonable fear” language of the statute, is necessary to prevent the bad-faith use of the law to prevent the dissemination of identifying information that serves a legitimate journalistic purpose.
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This draft is fully polished. The best route to improvement seems to me to ask, "why?" Publishing private information so as to cause harm is the civil wrong Brandeis and Warren were initially writing about more than 125 years ago. It's equally clear that a range of criminal offenses can be charged when a state or federal prosecutor can prove the required mental elements beyond a reasonable doubt. It's difficult to see why additional statutory offense-making is necessary, or why having done so moves one millimeter the constitutional line for reviewing applications of any criminal statute to any particular conduct a prosecutor might undertake to charge. So it would be good to take up directly the question whether there is a there here.

 
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Revision 4r4 - 02 Apr 2022 - 13:41:49 - EbenMoglen
Revision 3r3 - 10 Mar 2022 - 19:31:53 - StewartPollock
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