Doxxing is Illegal?


h/t GodGraceandGuns (twitter) and Diane B (also  on twitter)

Apparently, the actions of cyber-troll Bill Schmalfeldt might have been illegal acts. While I hope he has developed a new hobby by now, it’s important to keep up with the law here.

Security Affairs:

Posting personal information publicly with the intent to shame, defame, harass or endanger is illegal. It places the doxed individual in a potentially dangerous situation. The federal law often utilized to address doxing is 18 U.S.C. § 2261A:

“Title 18, United States Code, Section 2261A is the federal stalking statute. Section

2261A(1) covers in-person stalking and Section 2261A(2) covers cyberstalking— stalking that occurs using Internet or telephones—as well as stalking that occurs using the mail. Section 2261(2), originally enacted as part of the Violence Against Women Act of 2005, has two main provisions—Subsections (A) and (B):

  • Both provisions require that the defendant act with the intent to kill, injure, harass, intimidate, or place under surveillance with intent to kill, injure, harass, or intimidate another person.
  • Both provisions also require the use of the mail, any interactive computer service or electronic communication service or electronic communication system of interstate commerce, or any other facility of interstate or foreign commerce. Usually, this element is met with the use of the Internet.

So, this might actually have been harassment: (a copy at The Other McCain)

“Now . . . you’re going to wind up being the Monica Lewinsky for Jeremy’s Bill Clinton unless you start telling the truth and start telling it quick. I’m done fucking around, and I am not going away. You’ve already had “the media’s” interest in this case explained to you. Now, do you wanna play dumb and lose your kids? Or do you wanna play smart and keep what you got? I am not making any threats. I am just trying to help you avoid a shit storm for some giggling fuck who doesn’t give a rat’s ass about you. Do you really want to be dragged through the mud for THIS giggling shitwit. I’ll wait to hear from you. But I send what I have … EVERYTHING … to the Wisconsin Media tomorrow.”

Or that time my house was featured on someone’s twitter feed in an attempt to harass me into revealing someone’s actual identity. Pretty sure some financial information was part of the mix, too. The quote above is from 2011, and my personal doxxing was from just a couple of years ago.

All of this might be ancient history to the doxxer, but I figure this is a pattern of activity over a long time. 

I bring all this up, because there have been periods of quiet, with behind the scenes doxxing. It would be wise for anyone involved in commenting on the activities or lawsuit-related shenanigans of Bill Scmalfeldt be aware.

Bill Schmalfeldt has never used his doxxing to physically hurt some someone, but has threatened to take away kids through involvement of social service, and he has said he’d destroy business, and create false websites about people. He might have threatened to bring fire from the heavens and harness the power of lightning, but my memory is fading on that point.

He also claimed that the several Peace Orders against him were unnecessary because he could not travel, and did not own a car. That has turned out not to be true. 

On a side note, apparently faildoxxing might also be illegal, and Schmalfeldt’s experience in this area was very well described by Paul Krendler:

Thinking Man’s Zombie:

It was him, not me, who determined that Howard Earl was Jerry Fletcher was Chris Heather was Jeremy Kinsey was Robin Causey was Paul Krendler was Eric Schultz was Owain Pennilyn was John Hoge IV was Grace the San Francisco hairdresser was Ashterah was the Dread Pirate Zombie was Asherahresearch was Laura Ashley was Ashley Wilkes was Wilkes Chamberlain was Richard Chamberlain was Jason Bourne was Matt Damon was Damon Runyon was Ring Lardner was James Garner was Jim Rockford was Rocky Balboa was Snake Plissken.

Poetry.  

Keep safe, everyone. 

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4 Responses to Doxxing is Illegal?

  1. John “Minemyown” Doe says:

    One might suspect this — it would be a common-sense surmise of the available evidence — but it’s impossible to say for certain what Bill Schmalfeldt’s motive was, because Bill Schmalfeldt is both crazy and dishonest.
    –Robert Stacy McCain

    Perhaps Bill Schmalfeldt can explain all this. But I doubt anyone will take his explanation seriously, because Bill Schmalfeldt is crazy.
    –Robert Stacy McCain

    “All that is necessary to discredit Bill Schmalfeldt, is to quote Bill Schmalfeldt”
    -R. S. McCain

    That McCain feller sure has a way with words.

    Liked by 1 person

  2. Grace says:

    Thank you for the h/t, Dave.

    However, I would like to give full credit where credit is due.

    That very informative article from which you quote was written by Candice Lanier @CandiceLanier. Ms. Lanier is the Chief Operation Officer of Ghost Cyber Intelligence. She writes and submits her well-researched articles for @SecurityAffairs, @Redstate, and @ChristianPost. She can also be found at: candicelanier.com.

    https://twitter.com/candicelanier/status/837700904480452608

    In addition, Ms. Lanier’s article came to my attention via a very good tweep Belle @belle_river.

    Thank you sharing.

    GodGraceNGuns
    @asideofbacon

    Liked by 2 people

  3. agiledog says:

    any interactive computer service or electronic communication service

    I believe the Feds are quite certain that a radio station is an “electronic communication service”. If Bill Schmalfeldt doxes or faildoxes anyone over the radio, he is breaking the law.

    Liked by 1 person

  4. Anonymous says:

    I do see a problem with the term “harassing” it is so vague that most cyber-stalking laws are now being challenged on first amendment grounds and are being tossed out as being unconstitutional. Remember just posting about someone even if you don’t like what they say is protected speech. Crybaby snowflakes (and teacups) are burdening the court with silly lawsuits because they see being offended as harassment. There is already a legal remedy for defamation.

    Liked by 1 person

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