1 99:59:59,999 --> 99:59:59,999 People have been using media to talk about sex for a long time. 2 99:59:59,999 --> 99:59:59,999 Love letters, phone sex, racy polaroids. 3 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 4 99:59:59,999 --> 99:59:59,999 in 1886. 5 99:59:59,999 --> 99:59:59,999 Today we have sexting, and I am a sexting expert. 6 99:59:59,999 --> 99:59:59,999 Not an expect sexter. 7 99:59:59,999 --> 99:59:59,999 Though, I do know what this means, I think you do too. 8 99:59:59,999 --> 99:59:59,999 I have been studying sexting since the media attention to it began in 2008. 9 99:59:59,999 --> 99:59:59,999 I wrote a book on the moral panic about sexting. 10 99:59:59,999 --> 99:59:59,999 And here's what I found: 11 99:59:59,999 --> 99:59:59,999 most people are worrying about the wrong thing. 12 99:59:59,999 --> 99:59:59,999 They're trying to just prevent sexting from happening entirely. 13 99:59:59,999 --> 99:59:59,999 But let me ask you this: 14 99:59:59,999 --> 99:59:59,999 As long as it's completely consensual, what's the problem with sexting? 15 99:59:59,999 --> 99:59:59,999 People are into all sorts of things that you may not be into, 16 99:59:59,999 --> 99:59:59,999 like blue cheese or cilantro. 17 99:59:59,999 --> 99:59:59,999 Sexting is certainly risky, like anything that's fun, 18 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, 19 99:59:59,999 --> 99:59:59,999 there's no harm. 20 99:59:59,999 --> 99:59:59,999 What I do think is a serious problem is when people share private images of others 21 99:59:59,999 --> 99:59:59,999 without their permission. 22 99:59:59,999 --> 99:59:59,999 And instead of worrying about sexting, what I think we need to do 23 99:59:59,999 --> 99:59:59,999 is think a lot more about digital privacy. 24 99:59:59,999 --> 99:59:59,999 The key is consent. 25 99:59:59,999 --> 99:59:59,999 Right now most people are thinking 26 99:59:59,999 --> 99:59:59,999 about sexting without really thinking about consent at all. 27 99:59:59,999 --> 99:59:59,999 Did you know we currently criminalize teen sexting? 28 99:59:59,999 --> 99:59:59,999 It can be a crime because it counts as child pornography, 29 99:59:59,999 --> 99:59:59,999 if there's an image of someone under 18 and it doesn't even matter 30 99:59:59,999 --> 99:59:59,999 if they took that image of themselves and shared it willingly. 31 99:59:59,999 --> 99:59:59,999 So we end up with this bizarre legal situation 32 99:59:59,999 --> 99:59:59,999 where two 17-year-olds can legally have sex in most U.S. states 33 99:59:59,999 --> 99:59:59,999 but they can't photograph it. 34 99:59:59,999 --> 99:59:59,999 Some states have also tried passing sexting misdemeanor laws 35 99:59:59,999 --> 99:59:59,999 but these laws repeat the same problem 36 99:59:59,999 --> 99:59:59,999 because they still make consensual sexting illegal. 37 99:59:59,999 --> 99:59:59,999 It doesn't make sense 38 99:59:59,999 --> 99:59:59,999 to try to ban all sexting to try to address privacy violations. 39 99:59:59,999 --> 99:59:59,999 This is kind of like saying, 40 99:59:59,999 --> 99:59:59,999 let's solve the problem of date rape by just making dating completely illegal. 41 99:59:59,999 --> 99:59:59,999 Most teens don't get arrested for sexting, but can you guess who does? 42 99:59:59,999 --> 99:59:59,999 It's often teens who are disliked by their partner's parent. 43 99:59:59,999 --> 99:59:59,999 And this can be because of class bias, racism or homophobia. 44 99:59:59,999 --> 99:59:59,999 Most prosecutors are smart enough not to use child pornography charges 45 99:59:59,999 --> 99:59:59,999 against teenagers but some do. 46 99:59:59,999 --> 99:59:59,999 According to researchers at the University of New Hampshire 47 99:59:59,999 --> 99:59:59,999 seven percent of all child pornography possession arrests are teens, 48 99:59:59,999 --> 99:59:59,999 sexting consensually with other teens. 49 99:59:59,999 --> 99:59:59,999 Child pornography is a serious crime, 50 99:59:59,999 --> 99:59:59,999 but it's just not the same thing as teen sexting. 51 99:59:59,999 --> 99:59:59,999 Parents and educators are also responding to sexting 52 99:59:59,999 --> 99:59:59,999 without really thinking too much about consent. 53 99:59:59,999 --> 99:59:59,999 Their message to teens is often, just don't do it. 54 99:59:59,999 --> 99:59:59,999 And I totally get it, there are serious legal risks 55 99:59:59,999 --> 99:59:59,999 and of course, that potential for privacy violations. 56 99:59:59,999 --> 99:59:59,999 And when you were a teen, 57 99:59:59,999 --> 99:59:59,999 I'm sure you did exactly as you were told, right? 58 99:59:59,999 --> 99:59:59,999 You're probably thinking, my kid would never sext. 59 99:59:59,999 --> 99:59:59,999 And that's true, your little angel may not be sexting 60 99:59:59,999 --> 99:59:59,999 because only 33% of 16 and 17-year-olds are sexting. 61 99:59:59,999 --> 99:59:59,999 But, sorry, by the time they're older, odds are they will be sexting. 62 99:59:59,999 --> 99:59:59,999 Every study I've seen puts the rate above 50% for 18 to 24-year-olds. 63 99:59:59,999 --> 99:59:59,999 And most of the time, nothing goes wrong. 64 99:59:59,999 --> 99:59:59,999 People ask me all the time things like, isn't sexting just so dangerous, though, 65 99:59:59,999 --> 99:59:59,999 like you wouldn't leave your wallet on a park bench and you expect 66 99:59:59,999 --> 99:59:59,999 it's gonna get stolen if you do that, right? 67 99:59:59,999 --> 99:59:59,999 Here's how I think about it: 68 99:59:59,999 --> 99:59:59,999 sexting is like leaving your wallet at your boyfriend's house. 69 99:59:59,999 --> 99:59:59,999 If you come back the next day 70 99:59:59,999 --> 99:59:59,999 and all the money is just gone, you really need to dump that guy 71 99:59:59,999 --> 99:59:59,999 So instead of criminalizing sexting to try to prevent these privacy violations, 72 99:59:59,999 --> 99:59:59,999 instead we need to make consent central 73 99:59:59,999 --> 99:59:59,999 to how we think about the circulation of our private information. 74 99:59:59,999 --> 99:59:59,999 Every new media technology raises privacy concerns. 75 99:59:59,999 --> 99:59:59,999 In fact, in the U.S. the very first major debates about privacy 76 99:59:59,999 --> 99:59:59,999 were in response to technologies that were relatively new at the time. 77 99:59:59,999 --> 99:59:59,999 In the late 1800s, people were worried about cameras, 78 99:59:59,999 --> 99:59:59,999 which were just suddenly more portable than ever before, 79 99:59:59,999 --> 99:59:59,999 and newspaper gossip columns. 80 99:59:59,999 --> 99:59:59,999 They were worried that the camera would capture information about them, 81 99:59:59,999 --> 99:59:59,999 take it out of context and widely disseminate it. 82 99:59:59,999 --> 99:59:59,999 Does this sound familiar? 83 99:59:59,999 --> 99:59:59,999 It's exactly what we're worrying about now with social media and drone cameras. 84 99:59:59,999 --> 99:59:59,999 and, of course, sexting. 85 99:59:59,999 --> 99:59:59,999 And these fears about technology, they make sense because technologies 86 99:59:59,999 --> 99:59:59,999 can amplify and bring out our worst qualities and behaviors. 87 99:59:59,999 --> 99:59:59,999 But there are solutions. 88 99:59:59,999 --> 99:59:59,999 And we've been here before with a dangerous new technology. 89 99:59:59,999 --> 99:59:59,999 In 1908, Ford introduced the Model T car. 90 99:59:59,999 --> 99:59:59,999 Traffic fatality rates were rising. 91 99:59:59,999 --> 99:59:59,999 It was a serious problem -- it looks so safe, right? 92 99:59:59,999 --> 99:59:59,999 Our first response was to try to change drivers behavior, 93 99:59:59,999 --> 99:59:59,999 so we developed speed limits and enforced them through fines. 94 99:59:59,999 --> 99:59:59,999 But over the following decades, 95 99:59:59,999 --> 99:59:59,999 we started to realize the technology of the car itself is not just neutral. 96 99:59:59,999 --> 99:59:59,999 We could design the car to make it safer. 97 99:59:59,999 --> 99:59:59,999 So in the 1920s, we got shatter-resistant windshields. 98 99:59:59,999 --> 99:59:59,999 In the 1950s, seatbelts. And in the 1990s, airbags. 99 99:59:59,999 --> 99:59:59,999 All three of these areas: laws, individuals, industry came together 100 99:59:59,999 --> 99:59:59,999 over time to help solve the problem that a new technology causes.