WEBVTT 99:59:59.999 --> 99:59:59.999 People have been using media to talk about sex for a long time. 99:59:59.999 --> 99:59:59.999 Love letters, phone sex, racy polaroids. 99:59:59.999 --> 99:59:59.999 There's even a story of a girl who eloped with a man that she met over the telegraph 99:59:59.999 --> 99:59:59.999 in 1886. 99:59:59.999 --> 99:59:59.999 Today we have sexting, and I am a sexting expert. 99:59:59.999 --> 99:59:59.999 Not an expect sexter. 99:59:59.999 --> 99:59:59.999 Though, I do know what this means, I think you do too. 99:59:59.999 --> 99:59:59.999 I have been studying sexting since the media attention to it began in 2008. 99:59:59.999 --> 99:59:59.999 I wrote a book on the moral panic about sexting. 99:59:59.999 --> 99:59:59.999 And here's what I found: 99:59:59.999 --> 99:59:59.999 most people are worrying about the wrong thing. 99:59:59.999 --> 99:59:59.999 They're trying to just prevent sexting from happening entirely. 99:59:59.999 --> 99:59:59.999 But let me ask you this: 99:59:59.999 --> 99:59:59.999 As long as it's completely consensual, what's the problem with sexting? 99:59:59.999 --> 99:59:59.999 People are into all sorts of things that you may not be into, 99:59:59.999 --> 99:59:59.999 like blue cheese or cilantro. 99:59:59.999 --> 99:59:59.999 Sexting is certainly risky, like anything that's fun, 99:59:59.999 --> 99:59:59.999 but as long as you're not sending an image to someone who doesn't want to receive it, 99:59:59.999 --> 99:59:59.999 there's no harm. 99:59:59.999 --> 99:59:59.999 What I do think is a serious problem is when people share private images of others 99:59:59.999 --> 99:59:59.999 without their permission. 99:59:59.999 --> 99:59:59.999 And instead of worrying about sexting, what I think we need to do 99:59:59.999 --> 99:59:59.999 is think a lot more about digital privacy. 99:59:59.999 --> 99:59:59.999 The key is consent. 99:59:59.999 --> 99:59:59.999 Right now most people are thinking 99:59:59.999 --> 99:59:59.999 about sexting without really thinking about consent at all. 99:59:59.999 --> 99:59:59.999 Did you know we currently criminalize teen sexting? 99:59:59.999 --> 99:59:59.999 It can be a crime because it counts as child pornography, 99:59:59.999 --> 99:59:59.999 if there's an image of someone under 18 and it doesn't even matter 99:59:59.999 --> 99:59:59.999 if they took that image of themselves and shared it willingly. 99:59:59.999 --> 99:59:59.999 So we end up with this bizarre legal situation 99:59:59.999 --> 99:59:59.999 where two 17-year-olds can legally have sex in most U.S. states 99:59:59.999 --> 99:59:59.999 but they can't photograph it. 99:59:59.999 --> 99:59:59.999 Some states have also tried passing sexting misdemeanor laws 99:59:59.999 --> 99:59:59.999 but these laws repeat the same problem 99:59:59.999 --> 99:59:59.999 because they still make consensual sexting illegal. 99:59:59.999 --> 99:59:59.999 It doesn't make sense 99:59:59.999 --> 99:59:59.999 to try to ban all sexting to try to address privacy violations. 99:59:59.999 --> 99:59:59.999 This is kind of like saying, 99:59:59.999 --> 99:59:59.999 let's solve the problem of date rape by just making dating completely illegal. 99:59:59.999 --> 99:59:59.999 Most teens don't get arrested for sexting, but can you guess who does? 99:59:59.999 --> 99:59:59.999 It's often teens who are disliked by their partner's parent. 99:59:59.999 --> 99:59:59.999 And this can be because of class bias, racism or homophobia. 99:59:59.999 --> 99:59:59.999 Most prosecutors are smart enough not to use child pornography charges 99:59:59.999 --> 99:59:59.999 against teenagers but some do. 99:59:59.999 --> 99:59:59.999 According to researchers at the University of New Hampshire 99:59:59.999 --> 99:59:59.999 seven percent of all child pornography possession arrests are teens, 99:59:59.999 --> 99:59:59.999 sexting consensually with other teens. 99:59:59.999 --> 99:59:59.999 Child pornography is a serious crime, 99:59:59.999 --> 99:59:59.999 but it's just not the same thing as teen sexting. 99:59:59.999 --> 99:59:59.999 Parents and educators are also responding to sexting 99:59:59.999 --> 99:59:59.999 without really thinking too much about consent. 99:59:59.999 --> 99:59:59.999 Their message to teens is often, just don't do it. 99:59:59.999 --> 99:59:59.999 And I totally get it, there are serious legal risks 99:59:59.999 --> 99:59:59.999 and of course, that potential for privacy violations. 99:59:59.999 --> 99:59:59.999 And when you were a teen, 99:59:59.999 --> 99:59:59.999 I'm sure you did exactly as you were told, right? 99:59:59.999 --> 99:59:59.999 You're probably thinking, my kid would never sext. 99:59:59.999 --> 99:59:59.999 And that's true, your little angel may not be sexting 99:59:59.999 --> 99:59:59.999 because only 33% of 16 and 17-year-olds are sexting. 99:59:59.999 --> 99:59:59.999 But, sorry, by the time they're older, odds are they will be sexting. 99:59:59.999 --> 99:59:59.999 Every study I've seen puts the rate above 50% for 18 to 24-year-olds. 99:59:59.999 --> 99:59:59.999 And most of the time, nothing goes wrong. 99:59:59.999 --> 99:59:59.999 People ask me all the time things like, isn't sexting just so dangerous, though, 99:59:59.999 --> 99:59:59.999 like you wouldn't leave your wallet on a park bench and you expect 99:59:59.999 --> 99:59:59.999 it's gonna get stolen if you do that, right? 99:59:59.999 --> 99:59:59.999 Here's how I think about it: 99:59:59.999 --> 99:59:59.999 sexting is like leaving your wallet at your boyfriend's house. 99:59:59.999 --> 99:59:59.999 If you come back the next day 99:59:59.999 --> 99:59:59.999 and all the money is just gone, you really need to dump that guy 99:59:59.999 --> 99:59:59.999 So instead of criminalizing sexting to try to prevent these privacy violations, 99:59:59.999 --> 99:59:59.999 instead we need to make consent central 99:59:59.999 --> 99:59:59.999 to how we think about the circulation of our private information. 99:59:59.999 --> 99:59:59.999 Every new media technology raises privacy concerns. 99:59:59.999 --> 99:59:59.999 In fact, in the U.S. the very first major debates about privacy 99:59:59.999 --> 99:59:59.999 were in response to technologies that were relatively new at the time. 99:59:59.999 --> 99:59:59.999 In the late 1800s, people were worried about cameras, 99:59:59.999 --> 99:59:59.999 which were just suddenly more portable than ever before, 99:59:59.999 --> 99:59:59.999 and newspaper gossip columns. 99:59:59.999 --> 99:59:59.999 They were worried that the camera would capture information about them, 99:59:59.999 --> 99:59:59.999 take it out of context and widely disseminate it. 99:59:59.999 --> 99:59:59.999 Does this sound familiar? 99:59:59.999 --> 99:59:59.999 It's exactly what we're worrying about now with social media and drone cameras. 99:59:59.999 --> 99:59:59.999 and, of course, sexting. 99:59:59.999 --> 99:59:59.999 And these fears about technology, they make sense because technologies 99:59:59.999 --> 99:59:59.999 can amplify and bring out our worst qualities and behaviors. 99:59:59.999 --> 99:59:59.999 But there are solutions. 99:59:59.999 --> 99:59:59.999 And we've been here before with a dangerous new technology. 99:59:59.999 --> 99:59:59.999 In 1908, Ford introduced the Model T car. 99:59:59.999 --> 99:59:59.999 Traffic fatality rates were rising. 99:59:59.999 --> 99:59:59.999 It was a serious problem -- it looks so safe, right? 99:59:59.999 --> 99:59:59.999 Our first response was to try to change drivers behavior, 99:59:59.999 --> 99:59:59.999 so we developed speed limits and enforced them through fines. 99:59:59.999 --> 99:59:59.999 But over the following decades, 99:59:59.999 --> 99:59:59.999 we started to realize the technology of the car itself is not just neutral. 99:59:59.999 --> 99:59:59.999 We could design the car to make it safer. 99:59:59.999 --> 99:59:59.999 So in the 1920s, we got shatter-resistant windshields. 99:59:59.999 --> 99:59:59.999 In the 1950s, seatbelts. And in the 1990s, airbags. 99:59:59.999 --> 99:59:59.999 All three of these areas: laws, individuals, industry came together 99:59:59.999 --> 99:59:59.999 over time to help solve the problem that a new technology causes.