Cybertraps Podcast

In today's episode, we are going to talk about sexting and the law. We are going to look at the legal risks for children, educators, and parents, and what to do if you see something on kids' devices. Content warning, we are going to talk about sexting and child pornography. Show Outline In today's episode, we are going to talk about sexting and the law. We are going to look at the legal risks for children, educators, and parents, and what to do if you see something on kids' devices. Content warning, we are going to talk about sexting and child pornography. Background Obscene Profits (2000) https://link.cybertraps.com/OP_PB Computer Forensics The Decency Wars (2006) / The Daily Show with Jon Stewart https://link.cybertraps.com/DW_HB https://www.cc.com/video/6xa63e/the-daily-show-with-jon-stewart-frederick-lane Cybertraps for the Young (2011) https://link.cybertraps.com/C4Y_PB A Brief History of Relevant Technology Almost every technology has been used to take nude selfies Things didn't really take off until images could be created easily without third parties Late 60s to early 1970s -- Instant cameras take off Mid-1970s -- Video recorders Federal and State Child Pornography Laws Federal Law 18 U.S. Code CHAPTER 110— SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN Sexual exploitation of children (production) -- 15-30 years Production, distribution, reception, and possession -- 5-20 years Increased penalties for second offenses, severity of offense, etc. Law prohibits depiction of sexually explicit conduct involving a minor. Mere nudity can constitute "sexually explicit conduct." Interstate commerce is required for federal jurisdiction. This covers transport in U.S. Mail, private carriers like UPS or FedEx, and the Internet. Even an image remains within one state, federal prosecutors may assert jurisdiction if the items used to produce or store the images themselves traveled in interstate commerce (i.e., a digital camera, smartphone, computer, CD-ROM, USB stick, etc. State Laws Every state prohibits child pornography Virtually all use language similar to the federal statutes, although there are some minor variations "Romeo and Juliet" Statutes In general, there is no "selfie" exception to federal and state child pornography laws However, several states have adopted so-called "Romeo and Juliet" exceptions Legal Risks for Children Prosecution for production, possession, or distribution of child pornography Prosecution under laws penalizing "revenge porn" or "electronic sexual assault" link.cybertraps.com/ESA Legal Risks for School Administrators and Educators Handling of student sexts Ting-Yi Oei: https://www.wired.com/2009/04/sexting-hysteri/ Failure to report teen sexting Collecting student selfies Creation of nude selfies Legal Risks and Obligations of Parents Children have no expectation of privacy with respect to devices which you have bought and for which you supply the data plan No parental exception to child pornography laws Kellyanne and Claudia Conway If you see sexting images of your child Frank conversation with your child Potential consequences Review family rules regarding dating, texting, and sexual behavior If you see sexting images of another child, do you have a duty to report?