We Need to Talk About Doxxing
Musk recently said on a Twitter Space audio discussion:
“You dox, you get suspended. End of story. That’s it.”
This was in the wake of Musk impulsively banning the Twitter account, @ElonJet, in addition to any journalist who had referenced it. I say impulsively because as you may recall, Musk tweeted this about a month ago:
Then Musk’s son was allegedly stalked in a car. Musk tweeted a picture of the purported assailant, but interestingly, no police report was filed.
Instead of informing the actual authorities, Musk took to Twitter. Then banned the @ElonJet account and a number of journalists who had previously referenced it. Without notice. Notably, many of these journalists were Musk critics.
You might ask: how is a Twitter account that tracks Musk’s private jet (based on publicly available data) responsible for a “crazy stalker” who jumped on the hood of a car his son was in?
Unclear. Musk said the journalists were aware of the “violent stalker” but provided no evidence of their awareness let alone its connection to @ElonJet.
Also unclear is how Musk defines “doxxing.” Based on his tweets and Twitter suspensions, it’s anytime someone tweets a person’s location information (no matter how specific) or personal details, regardless of intent or the public availability of the information.
That definition is not only at odds with relevant U.S. laws, but with the First Amendment itself.
As the CEO of a private company, Musk can certainly be more restrictive on speech if he wants. But these forms of censorship are hardly the actions of a self-proclaimed free speech absolutist.
What is “doxxing”?
Although the term is not formally defined under U.S. law, the concept appears under prohibitions on harassment, stalking, etc. Given it lacks legal specificity, the actual definition can vary depending on who you ask.
Most definitions include some form of the following: “doxxing” is a malicious practice that involves gathering private (i.e., non-public) or identifying information and releasing it online without the person’s permission, with the intent to harass, threaten, shame, or exact revenge.
Here’s an example from California of a state law that makes this a criminal offense (misdemeanor).
Let’s now dig into the core elements of the definition to see if Elon was actually “doxxed” by @ElonJet and the journalists who referenced that account.
If the location information is public is it still doxxing?
Some would argue no, that the information needs to be private in order for it to be doxxing. Addresses, social security numbers, etc. would be examples of private and identifying information that cannot be widely distributed.
Although if you were to ask the Department of Homeland Security, doxxers could also use fragmented, but publicly available information (e.g., property records) to aggregate it in a way that provides private and identifying information. Many of the internet aggregators like MyLife.com have found themselves in hot water for this type of activity.
With that said, anything in the public domain is generally fair game under the First Amendment. @ElonJet was simply aggregating publicly available flight data, which many hobbyists do. They’re also technically tracking a plane’s movements, not something as personal as a phone.
The key element though is the intent and purpose behind the use of the information.
Did @ElonJet have malicious intent?
This is a more difficult analysis. You basically need to get inside Jack Sweeney’s head, the young college student behind the @ElonJet account. Given that’s nearly impossible absent explicit statements, we have to turn to circumstantial evidence that illustrates intent.
He did have this to say when asked what it would take for him to stop tracking Musk’s plane:
Isn’t this more extortion if anything?
Sweeney doesn’t just track Musk’s plane either. He tracks a number of celebrity planes. As do other people. The information is out there, folks.
It appears Sweeney does this primarily for fun. He’s always had an interest in planes. His dad was a commercial pilot and he originally started tracking planes, based on public information, to see when his dad was coming home.
I couldn’t find any instance of Sweeney actively reaching out to celebrities with threats to either pay up or have their plane locations continuously published. In fact, it’s usually the other way around. Where the Elon Musks or Mark Cubans of the world reach out to Sweeney, pleading with him to stop tracking their planes.
If anything, Sweeney is more an innocent hobbyist than some nefarious swindler or harasser. He just wants a Tesla, Elon. Pretty lame and immature, but not malicious.
Therefore, even if you think doxxing can occur with publicly available information, it’s a serious stretch to say Sweeney has malicious intent. By all accounts, he’s just having fun and enjoying the spotlight. Something Musk quite enjoys himself.
The dangers of free speech absolutism and doxxing
Elon Musk famously took over Twitter as a free speech absolutist. He was releasing the bird from its cage! Saving the internet!
Instead he’s not only gone after a college kid posting public flight information, but also journalists who are even further removed. Coincidentally, they’re mostly Musk critics, like Aaron Rupar.
None of this, however, should be interpreted to minimize the real danger that exists from actual doxxing. People and companies can aggregate and use information in problematic ways. But their intent and purpose is key in determining whether doxxing has occurred.
The impulsive whims of a billionaire are not dispositive. Musk can try to buy his own doxxing definition but the real law here is pretty clear. And it probably wouldn’t cover third parties who by all accounts were doing their job in reporting on the accused Twitter account.
Musk’s censorship here will likely have the opposite of its intended effect. In many ways it already has with the rise of the r/ElonJetTracker subreddit. After all, censorship often makes something more popular, not less. It often further emboldens the censored person. Just ask Donald Trump.
Jack Sweeney has made it clear what he plans to do following his Twitter suspension. He’ll continue tracking Elon’s jet.
