Sexting refers to an act that entails sharing semi-nude and nude photos with friends via cell phones (Tavani, 2011). This term is derived from the words texting and sex. The article is about four enacted pornography laws as well as the process which made three of these laws to be overturned. This article also considers CIPA. These are the possible exemptions provided for by the law while prosecuting cases of child pornography in the U.S.
The law does not have specific provisions for all contexts. Harsh punishments are as a result of generalization in defining actions that amount to pornographic materials’ creation and distribution. The law has loopholes that cause inconsistencies in its application which cause injustices.
The underlying logic for the exemption of Romeo and Juliet applies in cases where offenders belong to almost a similar age bracket such as 18 and 17 years (Akdeniz, 2008). Here, the implication is that it is possible for the offenders not to have psychological and moral responsibilities that outweigh the other in the circumstances under which they committed the crime. The actions of the offenders are therefore in mutual benefit and understanding of the two. Romeo and Juliet’s case means that individuals sent nude photos to show love and enhance romance rather than with ill motive. These are purely consensual actions and therefore the charge that they attract is lesser.
These are plausible exemptions in the discussed cases. The case of Phil is a good example. The resident of Florida was 18 years old. He sent his friends photos of his nude girlfriend aged 16 years old (Tavan, 2011). The authorities charged him with the distribution of pornographic content. Phil’s actions comprise of a crime within age-specific exemptions instead of the exemption of Romeo and Juliet.
Phil did not get his girlfriend’s approval to send her nude photos to friends. However, the normal law cannot be used to try him for possessing pornographic material because the material in question was of his own girlfriend and he had her approval while taking the photos. The 2009 case of the Greensburg Salem students can be categorized under the exemption of Romeo and Juliet. Teenage girls sent their photos to boyfriends within their age bracket without being forced to do so.
This law’s specificity ought to be achieved through the analysis of other content outside the exemption of Romeo and Juliet as well as age-specific exceptions (Akdeniz, 2008). If an under-age girl sends a middle-aged man pornographic material, the case should also be viewed at as an exemption on the basis of the motive. There was no motive on the side of the man to acquire the material. Nevertheless, if the girl sent the material intentionally, she ought to be prosecuted because she distributed pornographic material. Drafting any legislation with this kind of a case being exempted is unnecessary because there are no exemptions that can defend the action of the child.
There is a need for a form of international policy and agreement about employee monitoring (Tavani, 2011). The law that governs internet monitoring differs between countries. There are countries that do not have provisions for the protection of employees’ rights in such cases. It is easy for employers to evade their responsibility when it comes to the implementation and the adopted policies in their country by monitoring employees from another country which lacks strict policies. Coming up with policies that can be applied in all scenarios is the most appropriate way of ensuring uniformity in the way different scenarios are handled. Adopting the international human rights’ bill can greatly help in handling the challenges that arise from the globalization of the monitoring process at the workplace.
Privacy at the workplace faces many challenges which have a global dimension. The major challenge in formulating an international law is fitting different cultures, conforms and social spheres into the existing laws of every country. There is a possibility that the discretion of employers when it comes to choosing the kind of monitoring to implement in some nations like Japan is not objected. Therefore, convincing such countries to formulate and implement such a law can be difficult.
Akdeniz, Y. (2008). Internet child pornography and the law national and international responses. Burlington, VT: Ashgate.
Brennan, L. L. (2004). Social, ethical, and policy implications of information technology. Hershey, Pa.: IGI Global (701 E. Chocolate Avenue, Hershey, Pennsylvania, 17033, USA).
Tavani, H. T. (2011). Ethics and technology: controversies, questions, and strategies for ethical computing (3rd ed.). Hoboken, N.J.: Wiley.