A BILL TO BE ENTITLED
AN ACT exempting from public records requirements the disclosure of identification and location information of certain current and former military personnel and their dependents, creating a pilot program for certain military personnel to participate in the address confidentiality program, AND ENACTing THE CIVIL LIABILITY FOR DOXING ACT.
The General Assembly of North Carolina enacts:
SECTION 1.(a)  Chapter 132 of the General Statutes is amended by adding a new section to read:
"§ 132‑1.15.  Identification and location information of current and former military personnel exempted from disclosure.
(a)	Definitions. – The following definitions apply in this section:
(1)	Identification and location information or information. – Includes the following:
a.	Home addresses, telephone numbers, and dates of birth of current and former military personnel and the telephone numbers associated with the personal communication devices of current and former military personnel.
b.	Home addresses, telephone numbers, and dates of birth of the spouses and dependents of current and former military personnel, and the telephone numbers associated with the personal communication devices of such spouses and dependents.
c.	Names and locations of schools attended by the spouses of current and former military personnel and schools or daycare facilities attended by dependents of current and former military personnel.
(2)	Military personnel. – Persons employed by the United States Department of Defense who are authorized to access information deemed "secret" or "top secret" by the federal government or persons who are servicemembers of a special operations force.
(3)	Special operations force. – The active and reserve component forces of the United States military services, designated by the Secretary of War or Secretary of Defense, and specifically organized, trained, and equipped to conduct and support special operations. The term includes servicemembers of the United States Army Special Forces and the United States Army 75th Ranger Regiment; the United States Navy SEALs and Special Warfare Combatant‑Craft Crewmen; the United States Air Force Combat Control, Pararescue, and Tactical Air Control Party specialists; the United States Marine Corps Critical Skills Operators; and any other component of the United States Special Operations Command.
(4)	State agency. – A unit of the executive, legislative, or judicial branch of State government, such as a department, institution, division, commission, board, council, community college, or The University of North Carolina system. The term includes a unit of local government as defined in G.S. 143C‑1‑1.
(b)	Findings. – The General Assembly finds that:
(1)	Military personnel perform among the most critical, most effective, and most dangerous operations in defense of our nation's freedom.
(2)	Terrorist groups, insurgents, and hostile nations have threatened military personnel and their families and have encouraged actions to harm military personnel and their families within the United States. Such actions can intimidate communities, demoralize military families, and potentially weaken operations.
(3)	Allowing continued public access to the identification and location information of current and former military personnel and their families jeopardizes the safety of these personnel, their spouses, and their dependents.
(4)	Protecting the safety and security of current and former military personnel, and their spouses and dependents, outweighs any public benefit that may be derived from the public disclosure of the identification and location information.
(c)	Information Protected. – Identification and location information held by a State agency is confidential, not a public record as defined by G.S. 132‑1, and shall be exempt from disclosure under this Chapter when the current or former military personnel member submits the following to the State agency that has custody of the identification and location information:
(1)	A written request to exempt the member's identification and location information from public disclosure; and
(2)	A written statement that the member has made reasonable efforts to protect the identification and location information from being accessible through other means available to the public.
(d)	The head of each State agency shall ensure that current and archived identification and location information is removed as soon as practicable from the State agency website in conformity with the requirements of this section."
SECTION 1.(b)  The provisions of this section apply to identification and location information as defined in G.S. 132‑1.15, as enacted by this act, held by a custodian before, on, or after the effective date of this act.
SECTION 2.(a)  The Department of Justice shall study extending coverage under Chapter 15C of the General Statutes (Address Confidentiality Program) to military personnel as defined in G.S. 132‑1.15, as enacted by this act. The Department of Justice shall complete the study and report its findings and recommendations to the General Assembly and Fiscal Research Division by October 1, 2027.
SECTION 2.(b)  Notwithstanding Chapter 15C of the General Statutes, during the period from July 1, 2026, through June 30, 2027, the Attorney General may authorize participation in the Address Confidentiality Program by military personnel, as defined in G.S. 132‑1.15, for the purpose of evaluating program administration, participant demand, resource needs, and other implementation considerations associated with a potential expansion of program eligibility. Participation authorized under this subsection shall be subject to any procedures and requirements established by the Attorney General.
SECTION 2.(c)  The Attorney General shall charge military personnel who apply to participate in the Address Confidentiality Program a fee for processing the applicant's application and administering the program. The fee amount is ten dollars ($10.00). The applicant shall submit the fee with the application to the Attorney General.
SECTION 2.(d)  The report required by this section, and all records, data, analyses, and materials prepared or collected by the Department of Justice in connection with the study or pilot program authorized by this section, are confidential and are not public records as defined in G.S. 132‑1. Such information shall not be subject to inspection, examination, or disclosure under Chapter 132 of the General Statutes.
SECTION 3.(a)  This section shall be known, and may be cited, as the "Civil Liability for Doxing Act."
SECTION 3.(b)  Chapter 1 of the General Statutes is amended by adding a new Article to read:
"Article 54.
"Civil Liability for Doxing Act.
"§ 1‑670.  Definitions.
The following definitions apply in this Article:
(1)	Close relation. – A current or former spouse or domestic partner, parent, child, sibling, stepchild, stepparent, grandparent, any person who regularly resides in the household or who within the prior six months regularly resided in the household, or any person with a significant personal or professional relationship.
(2)	Course of conduct. – A pattern of conduct composed of two or more acts, evidencing a continuity of purpose.
(3)	Doxing. – Unauthorized publication of identification and location information with intent or knowledge that the information will be used to harm the individual whose information is published or with reckless disregard for the risk that the information will be used to harm the individual whose information is published.
(4)	Electronic communication. – The transmission of information by wire, radio, optical cable, electromagnetic, or other similar means. The term includes email, internet‑based communications, pager service, and electronic text messaging.
(5)	Identification and location information or information. – As defined in G.S. 132‑1.15.
(6)	Military personnel. – As defined in G.S. 132‑1.15.
(7)	Publish. – To circulate, deliver, distribute, disseminate, post, transmit, or otherwise make available to another person, through any oral, written, visual, or electronic communication.
(8)	Regularly resides. – Residing in the household with some permanency or regular frequency in the resident's living arrangement.
(9)	Special operations force. – As defined in G.S. 132‑1.15.
(10)	State agency. – A unit of the executive, legislative, or judicial branch of State government, such as a department, institution, division, commission, board, council, community college, or The University of North Carolina system. The term includes a unit of local government as defined in G.S. 143C‑1‑1.
(11)	Substantial life disruption. – When a person significantly modifies their actions, routines, employment, residence, appearance, name, or contact information to avoid or protect against an actor who has obtained or is using the person's information, or because of the course of conduct of an actor who has obtained or is using the person's personal identifying information. Examples include, without limitation, changing a phone number, changing an electronic mail address, deleting personal electronic accounts, significantly decreasing use of the internet, moving from an established residence, changing daily routines, changing routes to and from work, changing employment or work schedule, or losing time from work or a job.
"§ 1‑671.  Civil liability for doxing.
(a)	Doxing is unlawful. A person may be held civilly liable for publishing an individual's identification and location information under the following circumstances:
(1)	Without the express consent of the individual whose information is published with intent or knowledge that the information will be used to harm the individual whose information is published; or
(2)	In reckless disregard of the risk that the information will be used to harm the individual whose information is published; and
(3)	The publication causes the individual whose information is published to suffer one or more of the following:
a.	Physical injury.
b.	Significant economic injury.
c.	Mental anguish.
d.	Fear of serious bodily injury or death for themselves or a close relation to themselves.
e.	A substantial life disruption.
(b)	A person is not civilly liable for providing identification and location information as follows:
(1)	When reporting criminal activity, which the person making the report reasonably believes occurred, to an employee of a law enforcement agency, intelligence agency, or other government agency in the United States; or in connection with any existing investigative, protective, or intelligence activity of any law enforcement agency, intelligence agency, or other government agency in the United States. This subdivision only applies if the person providing the information reasonably believes it to be accurate and provides the information in good faith and not for a malicious, fraudulent, or unlawful purpose.
(2)	In connection with an exercise of the right of freedom of speech or of the press, the right to assemble or petition, or the right of association, guaranteed by the United States Constitution or North Carolina Constitution.
(3)	To, or in the course of acting as, or on behalf of the news media.
(4)	When required to do so by any federal, State, or local law or regulation, or court rule or court order. This subdivision only applies if the person providing the information reasonably believes it to be accurate and provides the information in good faith and not for a malicious, fraudulent, or unlawful purpose.
(5)	In connection with a lawful requirement for a court filing or recording, including recording judgments or filing liens, unless otherwise specifically allowed by law.
(6)	Under the Gramm‑Leach‑Bliley Act and Consumer Financial Protection Bureau Regulation P, 12 C.F.R. Part 1016, consistent with privacy policy disclosures provided pursuant to that regulation.
(7)	In compliance with the Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.); or the Fair Debt Collection Practices Act (91 Stat. 874; 15 U.S.C. § 1692 et seq.).
(8)	In a consumer alert or public notice arising from a regulatory, civil, or criminal investigation, complaint, or enforcement action. This subdivision only applies to publications made by government agencies.
(9)	Within or to a government agency, corporation, company, partnership, labor union, or another legal entity, or to any employees or agents thereof, but only if all of the following requirements are satisfied:
a.	The information is provided for a legitimate and lawful purpose, including, without limitation, the reporting of criminal or fraudulent activity, facilitating a lawful commercial transaction, or furthering an existing business relationship.
b.	The personal identifying information is provided through a private channel of communication and is not provided to the public.
c.	The person providing the personal information:
1.	Reasonably believes it to be accurate; or
2.	Has reasonable suspicion to believe it is being used fraudulently; and
3.	The person providing the personal identifying information provides it in good faith, and not for a malicious or fraudulent purpose.
(10)	On behalf of a State agency under exigent circumstances if the information was provided in a manner legally permitted under federal or State law.
(c)	It is not a defense that the identification and location information at issue was voluntarily given to the publisher, has been previously publicly disclosed, or is readily discoverable through research or investigation.
(d)	This section is not intended to allow actions to be brought for constitutionally protected activity.
(e)	Nothing in this section shall be construed in any manner to:
(1)	Conflict with 47 U.S.C. § 230;
(2)	Conflict with 42 U.S.C. § 1983; or
(3)	Prohibit any activity protected under the Constitution of the United States or the North Carolina Constitution.
(f)	An individual whose identification and location information is published in violation of this Article may bring a civil action against (i) the person or persons who published the personal identifying information and (ii) any person who knowingly benefits, financially or by receiving anything of value, from participation in a venture that the person knew or should have known has engaged in an act in violation of this Article.
(g)	A prevailing claimant who brings a civil action pursuant to this Article is entitled to recover any or all of the following remedies upon request: (i) compensatory damages, (ii) punitive damages, (iii) statutory damages of five thousand dollars ($5,000) per violation, (iv) costs and reasonable attorneys' fees, (v) injunctive relief, and (vi) any other relief deemed appropriate by the court.
(h)	When an action is brought under this Article, a court may, on its own motion or upon the motion of any party, issue a temporary restraining order, or a temporary or permanent injunction, to restrain and prevent the disclosure or continued disclosure of a party's personal identifying information.
(i)	A civil action may be brought in any county in which an element of any violation of this Article occurred, or in which an individual resides who is the subject of the information published in violation of this Article.
"§ 1‑672.  Severability.
If any section or provision of this Article is declared unconstitutional or invalid by the courts, it does not affect the validity of this act as a whole or any part other than the part so declared to be unconstitutional or invalid."
SECTION 4.  Except as otherwise provided, this act is effective when it becomes law.