Mosaic Theory and Cyberharassment: Using Privacy Principles to Clarify the Law of Digital Harms and Free Speech. Issue 3 (3rd July 2017)

• Record Type: Journal Article
• Authors: Fuller, P. Brooks
• Is Part Of: Communication law and policy. Volume 22:Issue 3(2017)
• Page Start: 309
• Page End: 350
• Publication Date: 2017-07-03
• Subjects: Mass media -- Law and legislation -- United States -- Periodicals; Freedom of speech -- United States -- Periodicals; Mass media policy -- United States -- Periodicals; 343.73099
• DOI: 10.1080/10811680.2017.1331637
• Languages: English
• ISSNs: 1081-1680

Abstract

Abstract : The Supreme Court of the United States, in the 2012 caseUnited States v. Jones, laid a jurisprudential foundation for using mosaic theory to identify and address harms caused when innocuous bits of information are aggregated and used to invade the privacy of a targeted individual. Although mosaic theory has been applied almost exclusively in Fourth Amendment privacy cases, information mosaics can be used to facilitate online harassment. However, courts have not articulated frameworks for recognizing informational harms caused by mosaics. Additionally, although state cyberharassment laws exempt constitutionally protected informational uses from prosecution, neither state legislatures nor courts have articulated the extent of such protected activities in the cyberharassment context. Mosaic theory provides a useful theoretical and heuristic lens for understanding the limits of informational uses and harms in the cyberharassment context. Using the lens of mosaic theory, this article explores the ways information mosaics can be used to harass targeted individuals. The article concludes that states should pursue incremental modifications to their cyberharassment laws to address the harms caused by persistent, intentional, targeted uses of information mosaics against targets and that they better articulate frameworks for understanding which information-sharing activities are exempt from prosecution.