Inspired by attacks on bakery, state law allows doxing victims to sue online harassers for money
The UpRising Bakery and Cafe in Lake in the Hills made national news last year when its plan to hold an all-ages drag brunch sparked not just outcry and protests but threats of violence against its owner and employees, and multiple instances of vandalism to the business.
Among those paying attention was state Rep. Jennifer Gong-Gershowitz. A year later, legislation the Glenview Democrat wrote in part because of what happened to UpRising - which went out of business in May - is on its way to becoming state law.
Gov. J.B. Pritzker last Friday signed Gong-Gershowitz's Civil Liability for Doxing Act, which will allow some victims of online harassment to sue their tormentors for monetary damages.
"One thing we've been seeing is the ability of perpetrators to use the internet to crowdsource hate," Gong-Gershowitz told us Thursday. "This (law) creates a way to hold accountable those who perpetuate hate online."
Doxing is defined as publishing private or identifying information about a person on the internet, typically with malicious intent.
Under the new law, a doxing victim can win damages by showing that the person posting the information did so knowing the target could suffer death, injury or stalking as a result - and that the victim did actually suffer harm. It's the first law of its kind in the Midwest, and one of the first in the nation.
"We've seen over the past few years the weaponizing of the internet," said David Goldenberg, Midwest regional director of the Anti-Defamation League, which advocated for the law. "Under this bill, victims now have a way to seek recourse from their attackers."
The law involves only civil - not criminal - redress. Goldenberg notes existing criminal statutes address some doxing-like behaviors, such as stalking, harassment and vandalism, but not all, nor its financial impacts.
Among the doxing victims who testified on behalf of the bill in Springfield was Dominique Ward. The Chicago woman said she has endured an online harassment campaign by the father of her children, who used social media to offer strangers a sort of bounty on Ward and their kids - $25 for a photo of them and $50 for a video - and posted information about where she works and lives.
Ward told us Thursday he even offered $10,000 for anyone who could arrange a face-to-face meeting between her and the father, despite an order of protection disallowing it.
"I had people I don't know emailing me trying to set up that meeting," she said.
"I have to be mindful of where I am and my surroundings all the time," Ward added. "It always feels like I'm being stalked. It's very stressful, to say the least."
Free speech?
While the bill passed unanimously in both the state House and Senate, not everyone is totally on board.
The ACLU of Illinois voiced skepticism about the legislation in the spring, and while the final version was adjusted to address concerns over free speech rights, the organization remains leery.
"It continues to be overly broad and inclusive of protected speech - namely, the inclusion of both truly publicly available information as well as private conversations between more than two people," Ed Yohnka, director of communications and public policy for the ACLU of Illinois, told us via email. "For that reason, we opposed the final bill."
But Gong-Gershowitz said she believes the law was carefully crafted to balance free speech rights with protecting victims and excludes constitutionally protected activities such as protests.
For Ward, she just hopes the new law serves as a deterrent so that others don't find themselves in situations similar to hers.
"I pray that my situation changes before Jan. 1 (when the law goes into effect), but if not, I look forward to prosecuting the case," she said.
Fight the fake
Criminals come up with new ways to steal from us every day, it seems. Now the Better Business Bureau is warning about a new scam, where the bad guys replicate a person's voice for fake phone calls.
"With major advancements in technology, scammers now can replicate a person's voice so realistically that fake phone calls sound exactly like your relative," said Steve J. Bernas, president and CEO of the Better Business Bureau.
Artificial intelligence and deepfake technology pose serious threats, he said. Your "relative" might call to say he lost his wallet, or that she has been arrested. The person would then ask you to send money.
"The danger is you react immediately, without thinking, because you want to do everything possible for your loved one. That's what scammers want you to do," Bernas said.
Con artists need only three seconds of the sound of a voice to create counterfeit recordings, including using words that you never said. And they might take that snippet from things you post on your social media accounts, Bernas said.
Bernas said it is the scariest scam he has seen in his 36-year career.
He suggests that every family come up with a code word (also known as a safe word) to be used to confirm identity in unusual, odd or emergency situations.
Susan's thinking of one now.
He's no kid
That juvenile arrested in Bloomingdale a couple of weeks ago over the theft of 45 iPhones from a Verizon Wireless store? He's no kid, it turns out.
Frederico Iordache, who lives in an extended-stay hotel in Schaumburg, is now charged with obstruction of justice. According to the charge, Iordache told police when he was arrested that his name is Alex Costea Garcia and that he was born in October 2005, which would make him 17. He was charged as a juvenile and placed in detention at the Kane County Juvenile Justice Center to await trial.
It turns out he is really 20 years old.
He is one of three people accused of stealing the phones at the Bloomingdale store. They are also accused of stealing several dozen phones earlier that day at a Verizon Wireless store in South Elgin.
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