AN ACT to exempt from public records requirements the disclosure of identification and location information of current and former special operations forces personnel and their dependents, TO expand the address confidentiality program to cover those persons, TO ENACT THE CIVIL LIABILITY FOR DOXING ACT, and TO APPROPRIATE funds to effectuate the purposes of this act.

The General Assembly of North Carolina enacts:

SECTION 1.1.(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 special operations personnel exempt 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 special operations personnel and the telephone numbers associated with the personal communication devices of current and former special operations personnel.

b.         Home addresses, telephone numbers, and dates of birth of the spouses and dependents of current and former special operations 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 special operations personnel and schools or daycare facilities attended by dependents of current and former special operations personnel.

(2)        Servicemember. – A member of the active and reserve component forces of the United States military services.

(3)        Special operations force. – The active and reserve component forces of the United States military services specifically organized, trained, and equipped to conduct and support special operations, as designated by the Secretary of Defense, operating within any component of the United States Special Operations Command (USSOCOM).

(4)        Special operations personnel. – A current or former servicemember assigned to a special operations force. The term includes any current or former non‑military support personnel designated by the USSOCOM.

(5)        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)        Special operations 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 special operations personnel and their families and have encouraged actions to harm special operations personnel and their families within the United States. Such actions can intimidate communities, demoralize special operations families, and potentially weaken operations.

(3)        Allowing continued public access to the identification and location information of current and former special operations personnel and their families jeopardizes the safety of such personnel, their spouses, and their dependents.

(4)        Protecting the safety and security of current and former special operations personnel, and their spouses and dependents, outweighs any public benefit that may be derived from the public disclosure of their 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 special operations 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 1.1.(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 2.1.  Chapter 114 of the General Statutes is amended by adding a new Article to read:

Article 11.

Address Confidentiality Program.

§ 114‑75.  Definitions.

The following definitions apply in this Article:

(1)        Actual address or address. – As defined in G.S. 15C‑2.

(2)        Address Confidentiality Program or Program. – As defined in G.S. 15C‑2.

(3)        Agency of North Carolina or agency. – As defined in G.S. 15C‑2.

(4)        Attorney General. – Office of the Attorney General.

(5)        Person. – Any individual, corporation, limited liability company, partnership, trust, estate, or other association or any state, the United States, or any subdivision thereof.

(6)        Program participant. – An individual accepted under this Article to participate in the Address Confidentiality Program established in Chapter 15C of the General Statutes.

(7)        Public record. – A public record as defined in Chapter 132 of the General Statutes.

(8)        Special operations personnel. – As defined in G.S. 132‑1.15.

(9)        Substitute address. – An address designated by the Attorney General under the Address Confidentiality Program.

§ 114‑76.  Address Confidentiality Program.

(a)        The Address Confidentiality Program (Program) established in the Office of the Attorney General, pursuant to Chapter 15C of the General Statutes, shall protect program participants from disclosure of certain publicly available information as provided by that Chapter.

To participate in the Program, special operations personnel shall file an application with the Attorney General. The application shall be dated, signed, and verified by the applicant. An application assistant is not required to sign the application of an individual who applies to participate in the Program under this Article. The application shall contain all of the following:

(1)        A statement indicating that the applicant qualifies as special operations personnel as defined by G.S. 132‑1.15, or the spouse or dependent of special operations personnel.

(2)        A statement that attests to the following:

a.         Disclosure of the applicant's address would endanger the applicant's safety or the safety of the applicant's spouse or dependents.

b.         That the applicant has or will confidentially relocate in North Carolina.

c.         A designation of the Attorney General as an agent for the applicant for purposes of service of process and the receipt of first‑class mail or certified or registered mail.

d.         The mailing address and telephone number where the applicant can be contacted by the Attorney General.

e.         The address that the applicant requests not to be disclosed by the Attorney General.

f.          A statement by the applicant that to the best of the applicant's knowledge, the information contained in the application is true.

(3)        A letter or other communication from the applicant's commanding officer or unit adjutant certifying the accuracy of the statements required by subdivisions (1) and (2) of this subsection.

(b)        Upon the filing of a properly completed application, the Attorney General shall certify the applicant as a program participant. Upon certification, the Attorney General shall issue a Program authorization card to the program participant. The Program authorization card shall remain valid for so long as the program participant remains certified under the Program. Applicants shall be certified for four years following the date of filing unless the certification is withdrawn or canceled prior to the end of the four‑year period. A program participant may withdraw the certification by filing a request for withdrawal acknowledged before a notary with the Attorney General. A certification may be renewed by filing an application containing the information required by G.S. 15C‑3 with the Attorney General at least 30 days prior to expiration of the current certification.

§ 114‑77.  Change of name, address, or telephone number.

(a)        A program participant shall notify the Attorney General within 30 days after the program participant has obtained a legal name change by providing the Attorney General a certified copy of any judgment or order evidencing the change or any other documentation the Attorney General deems to be sufficient evidence of the name change. If the program participant fails to notify the Attorney General of a name change in the manner provided in this subsection, the Attorney General shall cancel the certification of the program participant in the Program.

(b)        A program participant shall notify the Attorney General of a change in address or telephone number from the address or telephone number listed for the program participant on the application at least seven days before the change occurs. If the program participant fails to notify the Attorney General of a change in address or telephone number in the manner provided in this subsection, the Attorney General shall cancel the certification of the program participant in the Program.

§ 114‑78.  Falsifying application information.

An applicant who falsely attests in an application or who knowingly provides false information when applying for certification or renewal shall lose certification in the Program. The Attorney General shall investigate violations of this section. Upon finding that a violation has occurred, the Attorney General shall assess a civil penalty against the applicant not to exceed five hundred dollars ($500.00).

§ 114‑79.  Certification cancellation; records.

(a)        The Attorney General shall cancel the certification of a program participant under any of the following circumstances:

(1)        The program participant files a request for withdrawal of the certification.

(2)        The program participant fails to notify the Attorney General of a change in the program participant's name, address, or telephone number listed on the application.

(3)        The program participant submitted false information in applying for certification to the Program.

(4)        Mail forwarded to the program participant by the Attorney General is returned as undeliverable.

(b)        The provisions of Article 3 of Chapter 150B of the General Statutes do not apply to any cancellation of certification by the Attorney General pursuant to subsection (a) of this section.

(c)        The Attorney General shall send notice of cancellation to the program participant. Notice of cancellation shall set out the reasons for cancellation. The program participant shall have 30 days to appeal the cancellation decision under procedures developed by the Attorney General.

(d)       Any records or documents pertaining to a program participant shall be maintained in accordance with The General Schedule for State Agencies as established by the Department of Natural and Cultural Resources.

(e)        An individual who ceases to be a program participant is responsible for notifying persons who use the substitute address designated by the Attorney General as the program participant's address that the designated substitute address is no longer the individual's address.

§ 114‑80.  Address use by State or local agencies.

(a)        The program participant, and not the Attorney General, is responsible for requesting that agencies of North Carolina use the address designated by the Attorney General as the substitute address of the program participant.

(b)        Except as otherwise provided in this section, when a program participant submits a current and valid Address Confidentiality Program authorization card to an agency of North Carolina, the agency shall accept the address designation by the Attorney General on the authorization card as the program participant's substitute address when creating a new public record.

(c)        An agency may request a waiver from the requirements of the Address Confidentiality Program by submitting a waiver request to the Attorney General. The agency's waiver request shall be in writing and include an explanation of why the agency cannot meet its statutory or administrative obligations by possessing or using the substitute address and an affirmation that, if the Attorney General accepts the waiver, the agency will only use the program participant's actual address for those statutory or administrative purposes.

(d)       The Attorney General's acceptance or denial of an agency's waiver request shall be made in writing and include a statement of specific reasons for acceptance or denial. Acceptance or denial of an agency's waiver request is not subject to further review.

(e)        A board of elections shall use the actual address of a program participant for all election‑related purposes and shall keep the address confidential from the public under the provisions of G.S. 163‑82.10(e). Use of the actual address on letters placed in the United States mail by a board of elections shall not be considered a breach of confidentiality. The substitute address designation provided by the Attorney General shall not be used as an address for voter registration or verification purposes.

(f)        For purposes of levying and collecting property taxes on motor vehicles pursuant to Article 22A of Chapter 105 of the General Statutes, the Attorney General shall issue to the county, city, or town assessor or tax collector a list containing the names and actual addresses of program participants residing in that county, city, or town. This list shall be used only for the purposes of listing, appraising, or assessing taxes on motor vehicles and collecting property taxes on motor vehicles in the county, city, or town. The county, city, or town assessor or tax collector or any current or former officer, employee, or agent of any county, city, or town, who in the course of service to or employment by the county, city, or town has access to the name and actual address of a program participant, shall not disclose this information to any other person.

(g)        The substitute address designated by the Attorney General shall not be used for purposes of listing, appraising, or assessing taxes on property and collecting taxes on property under the provisions of Subchapter II of Chapter 105 of the General Statutes.

(h)        The substitute address designated by the Attorney General shall not be used as an address by any register of deeds on recorded documents or for the purpose of indexing land registered under Article 4 of Chapter 43 of the General Statutes in the index of registered instruments pursuant to G.S. 161‑22.

(i)         A local school administrative unit shall use the actual address of a program participant for any purpose related to admission or assignment pursuant to Article 25 of Chapter 115C of the General Statutes and shall keep the actual address confidential from the public under the provisions of this Article. The substitute address designated by the Attorney General shall not be used as an address for admission or assignment purposes. For purposes of student records created under Chapter 115C of the General Statutes, the substitute address designated by the Attorney General shall be used.

(j)         Except as otherwise provided in this section, a program participant's actual address and telephone number maintained by an agency of North Carolina is not a public record within the meaning of Chapter 132 of the General Statutes. A program participant's actual address or telephone number maintained by the Attorney General or disclosed by the Attorney General pursuant to this Chapter is not a public record within the meaning of Chapter 132 of the General Statutes.

§ 114‑81.  Disclosure of address prohibited.

(a)        The Attorney General is prohibited from disclosing any address or telephone number of a program participant other than the substitute address designated by the Attorney General, except under the following circumstances:

(1)        The information is requested by a federal, State, or local law enforcement agency for official use only.

(2)        The information is required by direction of a court order. However, any person to whom a program participant's address or telephone number has been disclosed shall not disclose the address or telephone number to any other person unless permitted to do so by order of the court.

(3)        Upon request by an agency to verify the participation of a specific program participant when the verification is for official use only.

(4)        Upon request by an agency, in the manner provided for by G.S. 15C‑8.

(5)        The program participant is required to disclose the program participant's actual address as part of a registration required by Article 27A of Chapter 14 of the General Statutes.

(b)        The Attorney General shall provide immediate notification of disclosure to a program participant when disclosure is made pursuant to subdivision (2) or (4) of subsection (a) of this section.

(c)        If, at the time of application, an applicant is subject to a court order related to divorce proceedings, child support, child custody, or child visitation, the Attorney General shall notify the court that issued the order of the certification of the program participant in the Address Confidentiality Program and the substitute address designated by the Attorney General. If, at the time of application, an applicant is involved in a court action related to divorce proceedings, child support, child custody, or child visitation, the Attorney General shall notify the court having jurisdiction over the action of the certification of the applicant in the Address Confidentiality Program and the substitute address designated by the Attorney General.

(d)       No person shall knowingly and intentionally obtain a program participant's actual address or telephone number from the Attorney General or an agency knowing that the person is not authorized to obtain the address information.

(e)        No employee of the Attorney General or an agency shall knowingly and intentionally disclose a program participant's actual address or telephone number to a person known to the employee to be prohibited from receiving the program participant's actual address or telephone number, unless the disclosure is permissible by law. This subsection only applies when an employee obtains a program participant's actual address or telephone number during the course of the employee's official duties and, at the time of disclosure, the employee has specific knowledge that the actual address or telephone number disclosed belongs to a program participant.

(f)        Any person who knowingly and intentionally obtains or discloses information in violation of this Chapter shall be guilty of a Class 1 misdemeanor and assessed a fine not to exceed two thousand five hundred dollars ($2,500).

§ 114‑82.  Limited liability.

The State, agencies of North Carolina, and their officers, officials, employees, and agents, both past and present, in their official and individual capacities, shall be immune and held harmless from any liability in any action brought by or on behalf of any person injured or harmed by the actions or inactions of these entities and individuals in implementing this Chapter. However, if an employee's actions resulting in harm were not within the course and scope of the employee's duties, then that employee may be subject to suit as an individual to the extent permitted by the laws of the State of North Carolina.

§ 114‑83.  Rulemaking authority.

The Attorney General may adopt any rules deemed necessary to carry out the provisions of this Chapter.

§ 114‑84.  Additional time for action.

Whenever the laws of this State provide a program participant a legal right to act within a prescribed period of 10 days or less after the service of a notice or other paper upon the program participant, and the notice or paper is served upon the program participant by mail pursuant to this Chapter, five days shall be added to the prescribed period.

SECTION 3.1.(a)  This section shall be known, and may be cited, as the Civil Liability for Doxing Act.

SECTION 3.1.(b)  Effective October 1, 2026, Chapter 1 of the General Statutes is amended by adding a new Article to read:

Article 54.

Civil Liability for Doxing.

§ 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)        Publish. – To circulate, deliver, distribute, disseminate, post, transmit, or otherwise make available to another person, through any oral, written, visual, or electronic communication.

(7)        Regularly resides. – Residing in the household with some permanency or regular frequency in the resident's living arrangement.

(8)        Special operations force. – As defined in G.S. 132‑1.15.

(9)        Special operations personnel. – 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 special operations personnel.

(a)        Doxing special operations personnel 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 the 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.  Effective July 1, 2026, there is appropriated from the General Fund to the Department of Justice (DOJ) the sum of one hundred fifty thousand dollars ($150,000) in nonrecurring funds for the 2026‑2027 fiscal year to extend coverage under Chapter 15C of the General Statutes (Address Confidentiality Program) to special operations personnel as defined in G.S. 132‑1.15, as enacted by this act. By March 1, 2027, and then annually thereafter, the Attorney General shall report to the General Assembly and Fiscal Research Division on DOJ's progress in extending coverage under this act.

SECTION 5.  Effective July 1, 2026, there is appropriated from the General Fund to the Department of Military and Veterans Affairs the sum of one hundred fifty thousand dollars ($150,000) in nonrecurring funds for the 2026‑2027 fiscal year to inform servicemembers, veterans, and the general public about the protections available under this act.

SECTION 6.  Effective July 1, 2026, there is appropriated from the General Fund to the Department of Information Technology (DIT) the sum of two hundred fifty thousand dollars ($250,000) in nonrecurring funds for the 2026‑2027 fiscal year to provide technical assistance to State agencies and local political subdivisions of the State that may be required for their compliance with the provisions of this act.

SECTION 7.  Except as otherwise provided, this act is effective when it becomes law.