Social digitalization

Everyone seems to be posting on sexting, so I thought I might throw in my two senses. The problem with the law in this case seems to be its inability to keep up with the advancements in technology. In our lifetimes alone, think about all the different advances in technology that have caused the need for new laws (music piracy, internet freedoms, etc.).

There seems to be ambiguity about digitalized information—a digital picture is not a reliable as a picture developed from film. I think that if a case emerged where one underage teenager was taking pictures (with film) of other teenagers and then distributing them, it would quit clearly be a problem. To take a picture and develop it takes time and energy and quite clearly shows “intent” on the part of the person taking the pictures. Now, a cell phone picture is so easy to take. For instance, my last phone would take pictures when I had it in my pocket while walking. Digital information is quicker and as such requires a lot less thought on those involved.

This also can be seen with music piracy. How many of us, whether in the past or currently, have seen the opportunity to download one of our favorite songs for free. I would be lying if I said I am not guilty of this; it takes so much less effort to click a mouse than to drive to a music store and search for a whole cd. The song itself is a product of the artist but as a digital file, well, it’s nothing more than a free song. With the cd there is a physical aspect to the exchange. The law is more clear on the actions of stealing when it involves something physical (ie stealing a cd) than when stealing an intangible data file.

Likewise, though “sexting” does not involve a stealing, persay, I believe the problem is similar. One might argue that by one student sending pictures of himself or herself the receiver is stealing the innocence of that person. From a legal realist perspective, it seems that the law must take into consideration that our society is quickly becoming digitalized.