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 in 1886.

4
99:59:59,999 --> 99:59:59,999
Today we have sexting

5
99:59:59,999 --> 99:59:59,999
and I am a sexting expert.

6
99:59:59,999 --> 99:59:59,999
Not an expert sexter--

7
99:59:59,999 --> 99:59:59,999
(Laughter)

8
99:59:59,999 --> 99:59:59,999
Though, I do know what this means

9
99:59:59,999 --> 99:59:59,999
and I think you do too!

10
99:59:59,999 --> 99:59:59,999
(Laughter)

11
99:59:59,999 --> 99:59:59,999
I have been studying sexting since the media attention to it began in 2008.

12
99:59:59,999 --> 99:59:59,999
I wrote a book on the moral panic about sexting,

13
99:59:59,999 --> 99:59:59,999
and here's what I found:

14
99:59:59,999 --> 99:59:59,999
Most people are worrying about the wrong thing.

15
99:59:59,999 --> 99:59:59,999
They're trying to just prevent sexting from happening entirely,

16
99:59:59,999 --> 99:59:59,999
but let me ask you this:

17
99:59:59,999 --> 99:59:59,999
as long as it is completely consensual, what's the problem with sexting?

18
99:59:59,999 --> 99:59:59,999
People are into all sorts of things that you may not be into,

19
99:59:59,999 --> 99:59:59,999
like blue cheese or cilantro.

20
99:59:59,999 --> 99:59:59,999
(Laughter)

21
99:59:59,999 --> 99:59:59,999
Sexting is certainly risky, like anything that's fun,

22
99:59:59,999 --> 99:59:59,999
but as long as you're not sending any image to someone who doesn't want to receive it,

23
99:59:59,999 --> 99:59:59,999
there's no harm.

24
99:59:59,999 --> 99:59:59,999
What I do think is a serious problem is when people share private images of others without their permission,

25
99:59:59,999 --> 99:59:59,999
and instead of worrying about sexting,

26
99:59:59,999 --> 99:59:59,999
what I think we need to do is think a lot more about digital privacy.

27
99:59:59,999 --> 99:59:59,999
The key is consent.

28
99:59:59,999 --> 99:59:59,999
Right now people are thinking about sexting without really thinking about consent at all.

29
99:59:59,999 --> 99:59:59,999
Did you know that we currently criminalize teen sexting?

30
99:59:59,999 --> 99:59:59,999
It can be a crime because it counts as child pornography

31
99:59:59,999 --> 99:59:59,999
if there's an image of someone under eighteen,

32
99:59:59,999 --> 99:59:59,999
and it doesn't even matter if they took that image of themselves

33
99:59:59,999 --> 99:59:59,999
and shared it willingly.

34
99:59:59,999 --> 99:59:59,999
So we end up with this bizarre legal situation

35
99:59:59,999 --> 99:59:59,999
where two 17-year-olds can have sex in most U.S. states,

36
99:59:59,999 --> 99:59:59,999
but they can't photograph it.

37
99:59:59,999 --> 99:59:59,999
Some states have also tried passing sexting misdemeanor laws,

38
99:59:59,999 --> 99:59:59,999
but these laws repeat the same problem

39
99:59:59,999 --> 99:59:59,999
because they still make consensual sexting illegal.

40
99:59:59,999 --> 99:59:59,999
It doesn't make sense to try to ban all sexting to try to address privacy violations.

41
99:59:59,999 --> 99:59:59,999
This is kind of like saying, "let's solve the problem of date rape by just making dating completely illegal."

42
99:59:59,999 --> 99:59:59,999
Most teens don't get arrested for sexting, but can you guess who does?

43
99:59:59,999 --> 99:59:59,999
It's often teens who are disliked by their partners parents,

44
99:59:59,999 --> 99:59:59,999
and this can be because of class bias, racism, or homophobia.

45
99:59:59,999 --> 99:59:59,999
Most prosecutors are, of course, smart enough not to use child pornography charges against teenagers,

46
99:59:59,999 --> 99:59:59,999
but some do.

47
99:59:59,999 --> 99:59:59,999
According to researchers at the University of New Hampshire,

48
99:59:59,999 --> 99:59:59,999
seven percent of all child pornography possession arrests are teen 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.

55
99:59:59,999 --> 99:59:59,999
There are serious legal risks and of course that potential for privacy violations.

56
99:59:59,999 --> 99:59:59,999
And when you were a teen, I'm sure you did exactly as you were told, right?

57
99:59:59,999 --> 99:59:59,999
You're probably thinking, "My kid would never sext,"

58
99:59:59,999 --> 99:59:59,999
and that's true; your little angel may not be sexting

59
99:59:59,999 --> 99:59:59,999
because only 33 percent of 16 and 17-year-olds are sexting.

60
99:59:59,999 --> 99:59:59,999
But, sorry, by the time they're older

61
99:59:59,999 --> 99:59:59,999
the odds are that they will be sexting.

62
99:59:59,999 --> 99:59:59,999
Every study I've seen puts the rate above 50 percent 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 asking me all the time things like,

65
99:59:59,999 --> 99:59:59,999
"isn't sexting just so dangerous, though?

66
99:59:59,999 --> 99:59:59,999
It's like you wouldn't leave your wallet on a park bench and just exp (4:51)