Doxing Threat Assessment Act

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3547 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 3547

     To require the Department of Homeland Security to develop and
disseminate a threat assessment regarding the use of cyber harassment,
 including doxing, by terrorists and foreign malicious actors, and for
                            other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 18, 2023

Ms. Wasserman Schultz (for herself, Mr. Cohen, Mr. Goldman of New York,
   Mr. Gottheimer, Ms. Jackson Lee, Mr. Landsman, Mr. Magaziner, Mr.
Moskowitz, Mr. Nadler, Mr. Nickel, Mr. Payne, Mr. Peters, Mr. Ryan, Mr.
  Schiff, Mr. Sherman, Ms. Sherrill, Ms. Slotkin, Ms. Spanberger, Ms.
Wild, Ms. Lois Frankel of Florida, Ms. Balint, Mr. Bacon, Mr. Menendez,
Ms. Manning, Mr. Schneider, Mr. Auchincloss, Mr. McCaul, and Mr. Wilson
of South Carolina) introduced the following bill; which was referred to
                   the Committee on Homeland Security

_______________________________________________________________________

                                 A BILL

     To require the Department of Homeland Security to develop and
disseminate a threat assessment regarding the use of cyber harassment,
 including doxing, by terrorists and foreign malicious actors, and for
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Doxing Threat Assessment Act''.

SEC. 2. THREAT ASSESSMENT ON CYBER HARASSMENT AND ITS USE BY TERRORISTS
              AND FOREIGN MALICIOUS ACTORS.

    (a) In General.--The Under Secretary for Intelligence and Analysis
of the Department of Homeland Security shall develop and disseminate a
threat assessment regarding the use of cyber harassment, including
doxing, by terrorists and foreign malicious actors.
    (b) Coordination.--The threat assessment developed pursuant to
subsection (a)--
            (1) shall be developed in coordination with the Privacy
        Office of the Department of Homeland Security and the Office
        for Civil Rights and Civil Liberties of the Department of
        Homeland Security; and
            (2) may be informed by existing products, as appropriate.
    (c) Requirements.--The threat assessment developed pursuant to
subsection (a) shall include--
            (1) an overview of cyber harassment tactics, techniques,
        and procedures used by terrorists and foreign malign actors;
            (2) a list of notable incidents of cyber harassment by
        terrorists and foreign malign actors;
            (3) a review of the threat posed by cyber harassment,
        including tactics, techniques, and procedures not currently
        identified as in use by terrorists and foreign malign actors,
        but representing a vulnerability based on the common practices
        of such actors, as well as a summary of the terrorist and
        foreign malign actors most likely to adapt to use of such
        tactics, techniques, and procedures; and
            (4) an overview of cyber harassment typologies and
        methodologies that may inform risk indicators of relevance to
        State, local, Tribal, and Federal law enforcement in
        identifying cyber harassment that may be indicative of
        terrorist or foreign malign actor involvement.
    (d) Dissemination and Publication.--The Under Secretary shall--
            (1) not later than 180 days after the date of the enactment
        of this Act, submit the threat assessment to Congressional
        committees of jurisdiction; and
            (2) consistent with the protection of classified and
        confidential unclassified information--
                    (A) disseminate the threat assessment developed
                under this section with State, local, and Tribal law
                enforcement officials, including officials who operate
                within State, local, and regional fusion centers
                through the Department of Homeland Security State,
                Local, and Regional Fusion Center Initiative
                established in accordance with section 210A of the
                Homeland Security Act of 2002 (6 U.S.C. 124h).
                    (B) ensure a version of the assessment is published
                on the Department's website no later than 30 days
                following dissemination to Congress.

SEC. 3. DEFINITIONS.

    For the purposes of this Act:
            (1) Cyber harassment.--The term ``cyber harassment'' means
        electronic communication that harasses, torments, threatens, or
        terrorizes a target.
            (2) Doxing.--The term ``doxing'' means to knowingly publish
        the personally identifiable information of another individual,
        without the individual's consent and with the intent to--
                    (A) threaten, intimidate, harass, or stalk any
                person;
                    (B) facilitate another to threaten, intimidate,
                harass, or stalk any person;
                    (C) incite or facilitate the commission of a crime
                of violence against any person; or
                    (D) place any person in reasonable fear of death or
                serious bodily injury.
            (3) Personally identifiable information.--The term
        ``personally identifiable information'' means--
                    (A) any information that can be used to distinguish
                or trace an individual's identity, such as name, prior
                legal name, alias, mother's maiden name, social
                security number, date or place of birth, address, phone
                number, or biometric data;
                    (B) any information that is linked or linkable to
                an individual, such as medical, financial, education,
                consumer, or employment information, data, or records;
                or
                    (C) any other sensitive private information that is
                linked or linkable to a specific identifiable
                individual, such as gender identity, sexual
                orientation, or any sexually intimate visual depiction.
            (4) Terrorists.--The term ``terrorists'' refers to--
                    (A) any designated Foreign Terrorist Organization
                (FTO);
                    (B) any group or actor supporting activities that
                may be covered by section 2331(5) of title 18, United
                States Code; and
                    (C) any group or actor investigated by the
                intelligence community pursuant to the intelligence
                review represented by ``Domestic Violent Extremism
                Poses Heightened Threat in 2021'', 01 March 2021.
            (5) Foreign malign actor.--The term ``foreign malign
        actor'' refers to any foreign adversary entities covered by
        section 5322(e)(2) of the National Defense Authorization Act
        for Fiscal Year 2020 (50 U.S.C. 3059(e)(2)).

SEC. 4. RULES OF CONSTRUCTION.

    For purposes of construing this Act and amendments made by this
Act, the following shall apply:
            (1) Authorities.--Nothing in this Act shall be construed to
        confer any authority, including law enforcement authority,
        beyond that which is authorized under existing law.
            (2) Constitutional protections.--Nothing in this Act shall
        be construed to prohibit any constitutionally protected speech,
        expressive conduct or activities (regardless of whether
        compelled by, or central to, a system of religious belief),
        including the exercise of religion protected by the First
        Amendment and peaceful picketing or demonstration. The
        Constitution does not protect speech, conduct, or activities
        consisting of planning for, conspiring to commit, or committing
        an act of violence.
            (3) Privacy.--Nothing in this Act shall be construed to
        preempt or conflict with existing Federal privacy laws, except
        in circumstances listed herein.
            (4) Free expression.--Nothing in this Act shall be
        construed to allow prosecution based solely upon an
        individual's expression of racial, religious, political, or
        other beliefs or solely upon an individual's membership in a
        group advocating or espousing such beliefs.
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