9:59:59.000,9:59:59.000 People have been using media to talk[br]about sex for a long time. 9:59:59.000,9:59:59.000 Love letters, phone sex, racy polaroids. 9:59:59.000,9:59:59.000 There's even a story of a girl who eloped[br]with a man that she met over the telegraph 9:59:59.000,9:59:59.000 in 1886. 9:59:59.000,9:59:59.000 Today we have sexting,[br]and I am a sexting expert. 9:59:59.000,9:59:59.000 Not an expect sexter. 9:59:59.000,9:59:59.000 Though, I do know what this means,[br]I think you do too. 9:59:59.000,9:59:59.000 I have been studying sexting since [br]the media attention to it began in 2008. 9:59:59.000,9:59:59.000 I wrote a book on the moral[br]panic about sexting. 9:59:59.000,9:59:59.000 And here's what I found: 9:59:59.000,9:59:59.000 most people are worrying[br]about the wrong thing. 9:59:59.000,9:59:59.000 They're trying to just prevent[br]sexting from happening entirely. 9:59:59.000,9:59:59.000 But let me ask you this: 9:59:59.000,9:59:59.000 As long as it's completely consensual,[br]what's the problem with sexting? 9:59:59.000,9:59:59.000 People are into all sorts of things[br]that you may not be into, 9:59:59.000,9:59:59.000 like blue cheese or cilantro. 9:59:59.000,9:59:59.000 Sexting is certainly risky,[br]like anything that's fun, 9:59:59.000,9:59:59.000 but as long as you're not sending an image[br]to someone who doesn't want to receive it, 9:59:59.000,9:59:59.000 there's no harm. 9:59:59.000,9:59:59.000 What I do think is a serious problem is[br]when people share private images of others 9:59:59.000,9:59:59.000 without their permission. 9:59:59.000,9:59:59.000 And instead of worrying about sexting,[br]what I think we need to do 9:59:59.000,9:59:59.000 is think a lot more about digital privacy. 9:59:59.000,9:59:59.000 The key is consent. 9:59:59.000,9:59:59.000 Right now most people are thinking 9:59:59.000,9:59:59.000 about sexting without really thinking[br]about consent at all. 9:59:59.000,9:59:59.000 Did you know we currently[br]criminalize teen sexting? 9:59:59.000,9:59:59.000 It can be a crime because it counts[br]as child pornography, 9:59:59.000,9:59:59.000 if there's an image of someone under 18[br]and it doesn't even matter 9:59:59.000,9:59:59.000 if they took that image of themselves[br]and shared it willingly. 9:59:59.000,9:59:59.000 So we end up with this[br]bizarre legal situation 9:59:59.000,9:59:59.000 where two 17-year-olds[br]can legally have sex in most U.S. states 9:59:59.000,9:59:59.000 but they can't photograph it. 9:59:59.000,9:59:59.000 Some states have also tried passing[br]sexting misdemeanor laws 9:59:59.000,9:59:59.000 but these laws repeat the same problem 9:59:59.000,9:59:59.000 because they still make[br]consensual sexting illegal. 9:59:59.000,9:59:59.000 It doesn't make sense 9:59:59.000,9:59:59.000 to try to ban all sexting[br]to try to address privacy violations. 9:59:59.000,9:59:59.000 This is kind of like saying, 9:59:59.000,9:59:59.000 let's solve the problem of date rape[br]by just making dating completely illegal. 9:59:59.000,9:59:59.000 Most teens don't get arrested for sexting,[br]but can you guess who does? 9:59:59.000,9:59:59.000 It's often teens who are disliked[br]by their partner's parent. 9:59:59.000,9:59:59.000 And this can be because of class bias,[br]racism or homophobia. 9:59:59.000,9:59:59.000 Most prosecutors are smart enough[br]not to use child pornography charges 9:59:59.000,9:59:59.000 against teenagers but some do. 9:59:59.000,9:59:59.000 According to researchers[br]at the University of New Hampshire 9:59:59.000,9:59:59.000 seven percent of all child pornography[br]possession arrests are teens, 9:59:59.000,9:59:59.000 sexting consensually with other teens. 9:59:59.000,9:59:59.000 Child pornography is a serious crime, 9:59:59.000,9:59:59.000 but it's just not[br]the same thing as teen sexting. 9:59:59.000,9:59:59.000 Parents and educators are also[br]responding to sexting 9:59:59.000,9:59:59.000 without really thinking[br]too much about consent. 9:59:59.000,9:59:59.000 Their message to teens is often,[br]just don't do it. 9:59:59.000,9:59:59.000 And I totally get it,[br]there are serious legal risks 9:59:59.000,9:59:59.000 and of course,[br]that potential for privacy violations. 9:59:59.000,9:59:59.000 And when you were a teen, 9:59:59.000,9:59:59.000 I'm sure you did exactly[br]as you were told, right? 9:59:59.000,9:59:59.000 You're probably thinking,[br]my kid would never sext. 9:59:59.000,9:59:59.000 And that's true, your little angel[br]may not be sexting 9:59:59.000,9:59:59.000 because only 33% of 16 and[br]17-year-olds are sexting. 9:59:59.000,9:59:59.000 But, sorry, by the time they're older,[br]odds are they will be sexting. 9:59:59.000,9:59:59.000 Every study I've seen puts the rate[br]above 50% for 18 to 24-year-olds. 9:59:59.000,9:59:59.000 And most of the time,[br]nothing goes wrong. 9:59:59.000,9:59:59.000 People ask me all the time things like,[br]isn't sexting just so dangerous, though, 9:59:59.000,9:59:59.000 like you wouldn't leave your wallet[br]on a park bench and you expect 9:59:59.000,9:59:59.000 it's gonna get stolen[br]if you do that, right? 9:59:59.000,9:59:59.000 Here's how I think about it: 9:59:59.000,9:59:59.000 sexting is like leaving your wallet[br]at your boyfriend's house. 9:59:59.000,9:59:59.000 If you come back the next day 9:59:59.000,9:59:59.000 and all the money is just gone,[br]you really need to dump that guy 9:59:59.000,9:59:59.000 So instead of criminalizing sexting to try[br]to prevent these privacy violations, 9:59:59.000,9:59:59.000 instead we need to make consent central 9:59:59.000,9:59:59.000 to how we think about the circulation[br]of our private information. 9:59:59.000,9:59:59.000 Every new media technology[br]raises privacy concerns. 9:59:59.000,9:59:59.000 In fact, in the U.S. the very first[br]major debates about privacy 9:59:59.000,9:59:59.000 were in response to technologies[br]that were relatively new at the time. 9:59:59.000,9:59:59.000 In the late 1800s, people were[br]worried about cameras, 9:59:59.000,9:59:59.000 which were just suddenly more portable[br]than ever before, 9:59:59.000,9:59:59.000 and newspaper gossip columns. 9:59:59.000,9:59:59.000 They were worried that the camera[br]would capture information about them, 9:59:59.000,9:59:59.000 take it out of context[br]and widely disseminate it. 9:59:59.000,9:59:59.000 Does this sound familiar? 9:59:59.000,9:59:59.000 It's exactly what we're worrying about[br]now with social media and drone cameras. 9:59:59.000,9:59:59.000 and, of course, sexting. 9:59:59.000,9:59:59.000 And these fears about technology,[br]they make sense because technologies 9:59:59.000,9:59:59.000 can amplify and bring out[br]our worst qualities and behaviors. 9:59:59.000,9:59:59.000 But there are solutions. 9:59:59.000,9:59:59.000 And we've been here before[br]with a dangerous new technology. 9:59:59.000,9:59:59.000 In 1908, Ford introduced the Model T car. 9:59:59.000,9:59:59.000 Traffic fatality rates were rising.[br] 9:59:59.000,9:59:59.000 It was a serious problem --[br]it looks so safe, right? 9:59:59.000,9:59:59.000 Our first response was to try[br]to change drivers behavior, 9:59:59.000,9:59:59.000 so we developed speed limits and[br]enforced them through fines. 9:59:59.000,9:59:59.000 But over the following decades, 9:59:59.000,9:59:59.000 we started to realize the technology[br]of the car itself is not just neutral. 9:59:59.000,9:59:59.000 We could design the car to make it safer. 9:59:59.000,9:59:59.000 So in the 1920s, we got[br]shatter-resistant windshields. 9:59:59.000,9:59:59.000 In the 1950s, seatbelts.[br]And in the 1990s, airbags. 9:59:59.000,9:59:59.000 All three of these areas: 9:59:59.000,9:59:59.000 laws, individuals, industry[br]came together 9:59:59.000,9:59:59.000 over time to help solve the problem[br]that a new technology causes. 9:59:59.000,9:59:59.000 And we can do the same thing[br]with digital privacy. 9:59:59.000,9:59:59.000 Of course, it comes back to consent. 9:59:59.000,9:59:59.000 Here's the idea. 9:59:59.000,9:59:59.000 Before anyone can distribute[br]your private information, 9:59:59.000,9:59:59.000 they should have to get your permission. 9:59:59.000,9:59:59.000 This idea of affirmative consent[br]comes from anti-rape activists who tell us 9:59:59.000,9:59:59.000 that we need consent for every sexual act. 9:59:59.000,9:59:59.000 And we have really high standards[br]for consent in a lot of other areas. 9:59:59.000,9:59:59.000 Think about having surgery.[br]Your doctor has to make sure that 9:59:59.000,9:59:59.000 you are meaningfully and knowingly[br]consenting to that medical procedure. 9:59:59.000,9:59:59.000 This is not the type of consent with[br]an iTunes Terms of Service 9:59:59.000,9:59:59.000 where you scroll to the bottom and[br]you're like, agree, agree, whatever. 9:59:59.000,9:59:59.000 If we think more about consent,[br]we can have better privacy laws. 9:59:59.000,9:59:59.000 Right now we just don't have[br]that many protections. 9:59:59.000,9:59:59.000 If your ex-husband or your ex-wife[br]is a terrible person, 9:59:59.000,9:59:59.000 they can take your nude photos[br]and upload them to a porn site. 9:59:59.000,9:59:59.000 It can be really hard to get[br]those images taken down. 9:59:59.000,9:59:59.000 And in a lot of states,[br]you're actually better off 9:59:59.000,9:59:59.000 if you took the images of yourself 9:59:59.000,9:59:59.000 because then you can[br]file a copyright claim. 9:59:59.000,9:59:59.000 Right now, if someone[br]violates your privacy, 9:59:59.000,9:59:59.000 whether that's an individual or[br]a company or the NSA, 9:59:59.000,9:59:59.000 you can try filing a lawsuit,[br]though you may not be successful 9:59:59.000,9:59:59.000 because many courts assume that[br]digital privacy is just impossible. 9:59:59.000,9:59:59.000 So they're not willing to punish[br]anyone for violating it. 9:59:59.000,9:59:59.000 I still hear people[br]asking me all the time, 9:59:59.000,9:59:59.000 isn't a digital image somehow blurring[br]the line between public and private 9:59:59.000,9:59:59.000 because it's digital, right? 9:59:59.000,9:59:59.000 No! No! 9:59:59.000,9:59:59.000 Everything digital is not[br]just automatically public. 9:59:59.000,9:59:59.000 That doesn't make any sense. 9:59:59.000,9:59:59.000 As NYU legal scholar[br]Helen Nissenbaum tells us, 9:59:59.000,9:59:59.000 we have laws and policies[br]and norms that protect 9:59:59.000,9:59:59.000 all kinds of information that's private,[br]and it doesn't make a difference 9:59:59.000,9:59:59.000 if it's digital or not. 9:59:59.000,9:59:59.000 All of your health records[br]are digitized but your doctor 9:59:59.000,9:59:59.000 can't just share them with anyone. 9:59:59.000,9:59:59.000 All of your financial information[br]is held in digital databases, 9:59:59.000,9:59:59.000 but your credit card company can't[br]just post your purchase history online. 9:59:59.000,9:59:59.000 Better laws could help address[br]privacy violations after they happen, 9:59:59.000,9:59:59.000 but one of the easiest things[br]we can all do is make personal changes. 9:59:59.000,9:59:59.000 to help protect each other's privacy. 9:59:59.000,9:59:59.000 We're always told that privacy is our[br]own, sole, individual responsibility. 9:59:59.000,9:59:59.000 We're told, constantly monitor[br]and update your privacy settings. 9:59:59.000,9:59:59.000 We're told never share anything you[br]wouldn't want the entire world to see. 9:59:59.000,9:59:59.000 This doesn't make sense. 9:59:59.000,9:59:59.000 Digital media are social environments 9:59:59.000,9:59:59.000 and we share things[br]with people we trust all day, every day. 9:59:59.000,9:59:59.000 As Princeton researcher[br]Jennifer ?argues, 9:59:59.000,9:59:59.000 our data and are privacy,[br]they're not just personal, 9:59:59.000,9:59:59.000 they're actually interpersonal 9:59:59.000,9:59:59.000 And so one thing you can do,[br]that's really easy 9:59:59.000,9:59:59.000 is just start asking for permission before[br]you share anyone else's information. 9:59:59.000,9:59:59.000 If you want to post a photo[br]of someone online, ask for permission. 9:59:59.000,9:59:59.000 If you want to forward an email thread,[br]ask for permission. 9:59:59.000,9:59:59.000 And if you want to share someone's nude[br]selfie, obviously, ask for permission. 9:59:59.000,9:59:59.000 These individual changes can really[br]help us protect each other's privacy, 9:59:59.000,9:59:59.000 but we need technology companies[br]on board as well. 9:59:59.000,9:59:59.000 These companies have very little[br]incentive to help protect our privacy 9:59:59.000,9:59:59.000 because their business models depend on[br]us sharing everything 9:59:59.000,9:59:59.000 with as many people as possible. 9:59:59.000,9:59:59.000 Right now, if I send you an image, 9:59:59.000,9:59:59.000 you can forward that[br]to anyone that you want. 9:59:59.000,9:59:59.000 But what if I got to decide[br]if that image was forwardable or not? 9:59:59.000,9:59:59.000 This would tell you that you don't[br]have my permission to send this image out. 9:59:59.000,9:59:59.000 We do this kind of thing all the time[br]to protect copy right. 9:59:59.000,9:59:59.000 If you buy an e-book, you can't just[br]send it out to as many people as you want. 9:59:59.000,9:59:59.000 So why not try this with mobile phones? 9:59:59.000,9:59:59.000 What you can do is we can demand[br]that tech companies add these protections 9:59:59.000,9:59:59.000 to our devices and our platforms[br]as the default. 9:59:59.000,9:59:59.000 After all, you can choose[br]the color of your car, 9:59:59.000,9:59:59.000 but the airbags are always standard. 9:59:59.000,9:59:59.000 If we don't think more about[br]digital privacy and consent, 9:59:59.000,9:59:59.000 there can be serious consequences. 9:59:59.000,9:59:59.000 There was a teenager from Ohio,[br]let's call her Jennifer, 9:59:59.000,9:59:59.000 for the sake of her privacy,[br]she shared nude photos of herself 9:59:59.000,9:59:59.000 with her high-school boyfriend,[br]thinking she could trust him. 9:59:59.000,9:59:59.000 Unfortunately, he betrayed her and[br]sent her photos around the entire school. 9:59:59.000,9:59:59.000 Jennifer was embarrassed and humiliated, 9:59:59.000,9:59:59.000 but instead of being compassionate,[br]her classmates harassed her. 9:59:59.000,9:59:59.000 They called her a slut and a whore. 9:59:59.000,9:59:59.000 They made her life miserable. 9:59:59.000,9:59:59.000 Jennifer started missing school[br]and her grades dropped. 9:59:59.000,9:59:59.000 Ultimately, Jennifer decided[br]to end her own life. 9:59:59.000,9:59:59.000 Jennifer did nothing wrong. 9:59:59.000,9:59:59.000 All she did was share a nude photo 9:59:59.000,9:59:59.000 with someone she thought[br]that she could trust. 9:59:59.000,9:59:59.000 And yet our laws tell her that she committed a horrible crime equivalent to child pornography. Our gender norms tell her that by producing this nude image of herself, she somehow did the horrible, shameful thing. And when we assume that privacy is impossible in digital media, we completely write-off and excuse her boyfriend's bad, bad behavior.