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Senator pulls anti-doxing bill after sustained debate over scope and penalties
Summary
Senator Garner introduced a bill to criminalize 'doxing' of minors; committee members, defense attorneys and First Amendment lawyers raised concerns about broad definitions, felony penalties and potential impacts on teenagers and parental speech. The sponsor withdrew the bill to work on amendments.
Senator Garner introduced legislation aimed at criminalizing the online publication of personally identifying information about minors with the intent to intimidate, harass or threaten, saying the measure was prompted by widely publicized incidents at the Lincoln Memorial and the subsequent harassment of students. He described the offense as requiring three elements: personally identifying information (examples listed in the bill), publication on a social-media site and a purpose to intimidate, harass, threaten or frighten the minor; he added that a conviction as drafted would be a class C felony.
Lawyers and committee members pressed the sponsor on scope and constitutional risks. Jeff Rosenzweig of the Arkansas Association of Criminal Defense Lawyers told the committee the bill, as written, “goes way too far” and risked felonizing many teenagers; he recommended limiting liability by age and making felony penalties contingent on actual injury. John Toll, a First Amendment litigator, said the language risked chilling protected speech and could capture parents or citizens forwarding material in good faith. Committee members debated whether existing statutes (cyberbullying and stalking) already address the harms, whether the list of 'personally identifying information' is too broad when read in the disjunctive, and whether traditional news organizations should be excluded.
After extended questioning and public testimony, Senator Garner said he would pull the bill to work with staff and stakeholders on narrower, graded language, acknowledging the penalty as drafted was too severe for some circumstances. The measure was withdrawn for amendment rather than being advanced.
"If found guilty, this will be a class c felony," Garner said during his presentation. Opponents argued the bill as drafted could criminalize ordinary online behavior among teens and urged amendments to create age limits or misdemeanor thresholds absent physical injury.
