9:59:59.000,9:59:59.000 People have been using media[br]to talk 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[br]who eloped with a man 9:59:59.000,9:59:59.000 that she met over the telegraph in 1886. 9:59:59.000,9:59:59.000 Today we have sexting 9:59:59.000,9:59:59.000 and I am a sexting expert. 9:59:59.000,9:59:59.000 Not an expert sexter-- 9:59:59.000,9:59:59.000 (Laughter) 9:59:59.000,9:59:59.000 Though, I do know what this means 9:59:59.000,9:59:59.000 and I think you do too! 9:59:59.000,9:59:59.000 (Laughter) 9:59:59.000,9:59:59.000 I have been studying sexting 9:59:59.000,9:59:59.000 since the media attention to it [br]began in 2008. 9:59:59.000,9:59:59.000 I wrote a book[br]on the moral 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 sexting[br]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 is 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 (Laughter) 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[br]sending any image 9:59:59.000,9:59:59.000 to someone who doesn't[br]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 9:59:59.000,9:59:59.000 is when people share private images[br]of others without their permission, 9:59:59.000,9:59:59.000 and instead of worrying about sexting, 9:59:59.000,9:59:59.000 what I think we need to do[br]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 people[br]are thinking about sexting 9:59:59.000,9:59:59.000 without really thinking[br]about consent at all. 9:59:59.000,9:59:59.000 Did you know that we currently[br]criminalize teen sexting? 9:59:59.000,9:59:59.000 It can be a crime[br]because it counts as child pornography 9:59:59.000,9:59:59.000 if there's an image[br]of someone under eighteen, 9:59:59.000,9:59:59.000 and it doesn't even matter[br]if they took that image of themselves 9:59:59.000,9:59:59.000 and shared it willingly. 9:59:59.000,9:59:59.000 So we end up[br]with this bizarre legal situation 9:59:59.000,9:59:59.000 where two 17-year-olds[br]can 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[br]to try to ban all sexting 9:59:59.000,9:59:59.000 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 partners parents, 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,[br]of course, smart enough 9:59:59.000,9:59:59.000 not to use child pornography[br]charges against teenagers, 9:59:59.000,9:59:59.000 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 9:59:59.000,9:59:59.000 are teen sexting consensually[br]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 the same thing[br]as teen sexting. 9:59:59.000,9:59:59.000 Parents and educators[br]are also 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[br]is often just don't do it, 9:59:59.000,9:59:59.000 and I totally get it. 9:59:59.000,9:59:59.000 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, I'm sure you did[br]exactly 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 percent[br]of 16 and 17-year-olds are sexting. 9:59:59.000,9:59:59.000 But, sorry, by the time they're older 9:59:59.000,9:59:59.000 the odds are that they will be sexting. 9:59:59.000,9:59:59.000 Every study I've seen puts the rate[br]above 50 percent for 18 to 24-year-olds. 9:59:59.000,9:59:59.000 And most of the time, nothing goes wrong. 9:59:59.000,9:59:59.000 People asking me all the time things like, 9:59:59.000,9:59:59.000 "isn't sexting just so dangerous, though? 9:59:59.000,9:59:59.000 You wouldn't leave your wallet[br]on a park bench. 9:59:59.000,9:59:59.000 You expect it's going to 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[br]and all the money is just gone, 9:59:59.000,9:59:59.000 you really need to dump that guy. 9:59:59.000,9:59:59.000 (Laughter) 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.,[br]the first 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,[br]people were worried about cameras, 9:59:59.000,9:59:59.000 which were just suddenly[br]more portable 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 that sound familiar? 9:59:59.000,9:59:59.000 It's exactly what we're worrying about now[br]with social media, 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 9:59:59.000,9:59:59.000 because technologies can amplify 9:59:59.000,9:59:59.000 and bring out our worst qualities[br]and behaviors. 9:59:59.000,9:59:59.000 But there are solutions[br] 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]it was a serious problem. 9:59:59.000,9:59:59.000 It looks so safe, right? 9:59:59.000,9:59:59.000 (Laughter) 9:59:59.000,9:59:59.000 Our first response[br]was to try to change drivers' behavior, 9:59:59.000,9:59:59.000 so we developed speed limits[br]and enforced them through fines. 9:59:59.000,9:59:59.000 But over the following decades[br]we started to realize 9:59:59.000,9:59:59.000 that the technology of the car itself[br]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,[br]we got shatter-resistant windshields, 9:59:59.000,9:59:59.000 in the 1950s, seat belts,[br]and in the 1990s, air bags. 9:59:59.000,9:59:59.000 All three of these areas, laws,[br]individuals, and industry, 9:59:59.000,9:59:59.000 came together over time to help solve[br]the problems 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 9:59:59.000,9:59:59.000 who tell us that we need consent[br]for every sexual act. 9:59:59.000,9:59:59.000 And we have really high levels[br]of consent in other areas. 9:59:59.000,9:59:59.000 Think about having surgery. 9:59:59.000,9:59:59.000 Your doctor has to make sure[br]that you are meaningfully 9:59:59.000,9:59:59.000 and knowingly consenting[br]to that medical procedure. 9:59:59.000,9:59:59.000 This is not the type of consent[br]with like an iTunes terms of service 9:59:59.000,9:59:59.000 where you just scroll to the bottom[br]and you're like, "Agree, agree, whatever." 9:59:59.000,9:59:59.000 (Laughter) 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[br]or your ex-wife 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[br]to get those images taken down 9:59:59.000,9:59:59.000 and in a lot of states, 9:59:59.000,9:59:59.000 you're actually better off[br]if you took the images of yourself 9:59:59.000,9:59:59.000 because then you can file[br]a copyright claim. 9:59:59.000,9:59:59.000 (Laughter) 9:59:59.000,9:59:59.000 Right now[br]if someone violates your privacy, 9:59:59.000,9:59:59.000 whether that's an individual[br]or a company or the NSA, 9:59:59.000,9:59:59.000 you can try filing a lawsuit,[br]but you may not be successful 9:59:59.000,9:59:59.000 because many courts assume[br]that digital privacy is just impossible 9:59:59.000,9:59:59.000 so they're not willing to punish anyone[br]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[br]is not 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 and norms 9:59:59.000,9:59:59.000 that protect all kinds[br]of information that's private, 9:59:59.000,9:59:59.000 and it doesn't make a difference[br]if it's digital or not. 9:59:59.000,9:59:59.000 All of your health records are digitized 9:59:59.000,9:59:59.000 but your doctor can't just[br]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 just[br]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 9:59:59.000,9:59:59.000 is make personal changes[br]to help protect each others' privacy. 9:59:59.000,9:59:59.000 We're always told that privacy[br]is our 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 with people[br]we trust all day, every day. 9:59:59.000,9:59:59.000 As Princeton researcher,[br]Janet Vertesi, argues, 9:59:59.000,9:59:59.000 our data and our privacy, 9:59:59.000,9:59:59.000 they're not just personal,[br]they're interpersonal. 9:59:59.000,9:59:59.000 So one thing you can do that's really easy[br]is just start asking for permission 9:59:59.000,9:59:59.000 before you share[br]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 If you want to share[br]someone's nude selfie, 9:59:59.000,9:59:59.000 obviously, ask for permission! 9:59:59.000,9:59:59.000 These individual changes can help us[br]protect each others' 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 incentive[br]to help our privacy 9:59:59.000,9:59:59.000 because their business models depend on us 9:59:59.000,9:59:59.000 sharing everything[br]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, "You don't have[br]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 copyright. 9:59:59.000,9:59:59.000 If you buy an ebook, 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 9:59:59.000,9:59:59.000 add these protections to our devices[br]and our platforms 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[br]about 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. 9:59:59.000,9:59:59.000 Let's call her Jennifer[br]for the sake of her privacy. 9:59:59.000,9:59:59.000 She shared nude photos of herself[br]with her high school boyfriend 9:59:59.000,9:59:59.000 thinking she could trust him. 9:59:59.000,9:59:59.000 Unfortunately, he betrayed her and sent[br]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[br]and 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,[br]Jennifer decided 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 that she thought[br]that she could trust. 9:59:59.000,9:59:59.000 And yet, our laws tell herv 9:59:59.000,9:59:59.000 that she committed a horrible crime[br]equivalent to child pornography. 9:59:59.000,9:59:59.000 Our gender norms tell her that[br]by producing this nude image of herself, 9:59:59.000,9:59:59.000 she somehow did[br]the most horrible, shameful thing. 9:59:59.000,9:59:59.000 And when we assume that privacy[br]is impossible in digital media, 9:59:59.000,9:59:59.000 we completely write off and excuse[br]her boyfriend's bad, bad behavior. 9:59:59.000,9:59:59.000 People are still saying all the time[br]to victims of privacy violations, 9:59:59.000,9:59:59.000 "What were you thinking? 9:59:59.000,9:59:59.000 You should've never sent that image." 9:59:59.000,9:59:59.000 If you're trying to figure out[br]what to say instead, try this: 9:59:59.000,9:59:59.000 imagine you've run into your friend[br]who broke their leg skiing. 9:59:59.000,9:59:59.000 They took a risk to do something fun,[br]and it didn't end well. 9:59:59.000,9:59:59.000 But you're probably[br]not going to be the jerk who says, 9:59:59.000,9:59:59.000 "Well, I guess you shouldn't[br]have gone skiing then!" 9:59:59.000,9:59:59.000 If we think more about consent, 9:59:59.000,9:59:59.000 we can see that victims of privacy[br]violations deserve our compassion, 9:59:59.000,9:59:59.000 not criminalization, shaming,[br]harassment, or punishment. 9:59:59.000,9:59:59.000 We can support victims,[br]and we can prevent some privacy violations 9:59:59.000,9:59:59.000 by making these legal, individual,[br]and technological changes. 9:59:59.000,9:59:59.000 Because the problem is not sexting,[br]the issue is digital privacy 9:59:59.000,9:59:59.000 and one solution is consent. 9:59:59.000,9:59:59.000 So the next time a victim[br]of a privacy violation comes up to you, 9:59:59.000,9:59:59.000 instead of blaming them,[br]let's do this instead: 9:59:59.000,9:59:59.000 let's shift our ideas[br]about digital privacy 9:59:59.000,9:59:59.000 and let's respond with compassion. 9:59:59.000,9:59:59.000 Thank you. 9:59:59.000,9:59:59.000 (Applause)