18 U.S.C 2257 Record-Keeping Requirements Compliance Statement
In compliance with the Federal Labeling and Record-Keeping Law (also known as 18 U.S.C. 2257), all models located within our domain were 18 years of age or older during the time of photography. All models proof of age is held by the custodian of records, which is listed below organized by producer. All content and images are in full compliance with the requirements of 18 U.S.C. 2257 and associated regulations.
Horizon Entertainment Custodian of Records: R. Gibson, at: Horizon Entertainment 630 Quintana Road, Morro Bay, CA 93442
The
Attorney General's Changes to the Section 2257
Regulations:
A Comparison
of the existing regulations, the June, 2004 proposed
regulations, and the promulgated, final regulations
effective June 23, 2005.
Compiled by xxxlaw.net and adultinternetlaw.com.
Copyright 2005 J. D. Obenberger and Associates. All
Rights Reserved.
No claim of copyright is made on the text of public
documents.
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Office 312.558.6420. Cell 312.405.6420.
Existing
Regulations |
Regulations Proposed June, 2004
Text in Blue reflects change from Existing. |
Final Regulations Effective June 23, 2005
Text in Blue reflects change from Existing.
Text in Brown reflects both a change from Existing
regulations and a significant change from June, 2004
proposed regulations. |
Sec. 75.1 Definitions.
(a) Terms used in this part shall have the meanings
set forth in 18 U.S.C. 2257.
(b) Picture identification card shall mean a
document issued by a government entity or
by a private entity, such as a school or a private
employer, that bears the photograph and the name
of the individual identified. A picture
identification card may be a passport, driver's
license, work identification card, school
identification card, selective service card, or
identification card issued by a state.
(c) Producer means any person, including any
individual, corporation, or other organization, who
is a primary producer or a secondary producer.
(1) A primary producer is any person who actually
films, videotapes, or photographs a visual depiction
of actual sexually explicit conduct.
(2) A secondary producer is any person who produces,
assembles, manufactures, publishes, duplicates,
reproduces, or reissues a book, magazine,
periodical, film, videotape, or other matter
intended for commercial distribution that contains a
visual depiction of actual sexually explicit
conduct.
(3) The same person may be both a primary and a
secondary producer.
(4) Producer does not include persons whose
activities relating to the visual depiction of
actual sexually explicit conduct are limited to the
following:
(i) Photo processing;
(ii) Distribution; or
(iii) Any activity, other than those activities
identified in paragraphs (c) (1) and (2) of this
section, that does not involve the hiring,
contracting for, managing, or otherwise arranging
for the participation of the depicted performers.
(d) Sell, distribute, redistribute, and re-release
refer to commercial distribution of a book,
magazine, periodical, film, videotape, or other
matter that contains a visual depiction of actual
sexually explicit conduct, and does not refer
to noncommercial distribution of the such matter,
including transfers conducted by lending libraries.
(e) Copy, when used in reference to an
identification document or a picture identification
card, means a photocopy or a photograph |
Sec. 75.1 Definitions.
(a) Terms used in this part shall have the meanings
set forth in 18 U.S.C.2257, and
as provided in this section. The terms used and
defined in this part are intended to provide common-
language guidance and usage and are not meant to
exclude technologies or uses of these terms as
otherwise employed in practice or defined in other
regulations or federal statutes (e.g., 47 U.S.C.
230, 231).
(b) Picture identification card means a document
issued by the United
States, a State government or a political
subdivision thereof, or a United States territory that
bears the photograph and the name of the individual
identified, and provides
sufficient specific information that it can be
accessed from the issuing authority, e.g., a
passport issued by
the United States or a foreign country, driver’s
license issued by a
State or the District of Columbia, or
identification card issued
by a State or
the District of Columbia.
(c) Producer means any person, including any
individual, corporation, or other organization, who
is a primary producer or a secondary producer.
(1) A primary producer is any person who actually
films, videotapes, photographs, or creates
a computer-generated image, digital image,
or picture of, or digitizes an
image of, a visual depiction of actual
sexually explicit conduct.
(2) A secondary producer is any person who produces,
assembles, manufactures, publishes, duplicates,
reproduces, or reissues a book, magazine,
periodical, film, videotape, a
computer-generated image, digital image, or
picture, or other matter intended for
commercial distribution that contains a visual
depiction of actual sexually explicit conduct, or who
inserts on a computer site or service a digital
image of, or otherwise manages the content of a
computer site or service that contains a
visual depiction of, actual
sexually explicit conduct, including
any person who enters into a contract, agreement, or
conspiracy to do any of the foregoing.
(3) The same person may be both a primary and a
secondary producer.
(4) Producer does not include persons whose
activities relating to the visual depiction of
actual sexually explicit
conduct are limited to the following:
(i) Photo processing;
(ii) Mere distribution;
(iii) Any activity, other than those activities
identified in paragraphs (c)(1) and (2) of this
section, that does not
involve the hiring, contracting for, managing, or
otherwise arranging for the participation of the
depicted performers;
(iv) A provider of Web-hosting services who does not
manage the content of the computer site or service;
or
(v) A provider of an electronic communication
service or remote computing service who does not
manage the content of the computer site or service.
(5) A producer includes any subsidiary or parent
organization, and any subsidiary of any parent
organization, notwithstanding any limitations on
liability that would otherwise be applicable.
(d) Sell, distribute, redistribute, and re-release
refer to commercial distribution of a book,
magazine, periodical, film, videotape, computer-generated
image, digital image,
picture, or other matter that contains a
visual depiction of actual sexually explicit
conduct, but does
not refer to noncommercial or
educational distribution of such matter,
including transfers conducted by bona
fide lending libraries, museums,
schools, or educational organizations.
(e) Copy, when used in reference to an
identification document or a picture identification
card, means a photocopy or a photograph.
(f) Internet means collectively the myriad of
computer and telecommunications facilities,
including equipment and operating software, that
constitute the interconnected worldwide network of
networks that employ the Transmission Control
Protocol/Internet Protocol, or any predecessor or
successor protocols to such protocol, to communicate
information of all kinds by wire or radio.
(g) Computer site or service means a computer
server-based file repository or file distribution
service that is accessible over the Internet, World
Wide Web, Usenet, or any other interactive computer
service (as defined in 47 U.S.C. 230(f)(2)).
Computer site or service includes, without
limitation, sites or services using hypertext markup
language, hypertext transfer protocol, file transfer
protocol, electronic mail transmission protocols,
similar data transmission protocols, or any
successor protocols, including but not limited to
computer sites or services on the World Wide Web.
(h) URL means uniform resource locator.
(i) Electronic communications service has the
meaning set forth in 18 U.S.C. 2510(15).
(j) Remote computing service has the meaning set
forth in 18 U.S.C. 2711(2).
(k) Manage content means to make editorial or
managerial decisions concerning the content of a
computer site or service.
(l) Interactive computer service has the meaning set
forth in 47 U.S.C. 230(f)(2). |
Sec. 75.1 Definitions.
(a) Terms used in this part shall have the meanings
set forth in 18 U.S.C. 2257, and
as provided in this section. The terms used and
defined in these regulations are intended to provide
common-language guidance and usage and are not meant
to exclude technologies or uses of these terms as
otherwise employed in practice or defined in other
regulations or federal statutes (i.e., 47 U.S.C.
230, 231).
(b) Picture identification card means a document
issued by the United
States, a State government or a political
subdivision thereof, or a United States territory,
that bears the photograph and the name of the
individual identified, and provides sufficient
specific information that it can be accessed from
the issuing authority, such as a passport, Permanent
Resident Card (commonly known as a ``Green Card''), or
other employment authorization document issued by
the United States, a
driver's license issued by a State or the District
of Columbia, or
another form of identification issued by a State or
the District of Columbia; or, a foreign
government-issued equivalent of any of the documents
listed above when both the person who is the subject
of the
picture identification card and the producer
maintaining the required records are located outside
the United States.
(c) Producer means any person, including any
individual,
corporation, or other organization, who is a primary
producer or a secondary producer.
(1) A primary producer is any person who actually
films,
videotapes, photographs, or
creates a digitally- or computer-
manipulated image, a digital image, or picture of,
or digitizes an image of, a visual depiction
of an actual human being
engaged in actual sexually explicit conduct.
(2) A secondary producer is any person who produces,
assembles, manufactures, publishes, duplicates,
reproduces, or reissues a book, magazine,
periodical, film, videotape, digitally-
or computer- manipulated image, picture, or
other matter intended for commercial distribution
that contains a visual depiction of an
actual human being engaged in actual sexually
explicit conduct, or who
inserts on a computer site or service a digital
image of, or otherwise manages the
sexually explicit content of a computer site or
service that contains a
visual depiction of an
actual human being engaged
in actual sexually explicit conduct, including
any person who enters into a contract, agreement, or
conspiracy to do any of the foregoing.
(3) The same person may be both a primary and a
secondary producer.
(4) Producer does not include persons whose
activities relating to the visual depiction of
actual sexually explicit conduct are limited to the
following:
(i) Photo or film processing, including
digitization of previously existing visual
depictions, as part of a commercial enterprise, with
no other commercial interest in the sexually
explicit material, printing, and video duplicators;
(ii) Mere distribution;
(iii) Any activity, other
than those activities identified in
paragraphs (c) (1) and (2) of this section, that
does not involve the hiring, contracting for,
managing, or otherwise arranging for the
participation of the depicted performers;
(iv) A provider of web-hosting services who does
not, and
reasonably cannot,
manage the
sexually explicit content of the
computer site or service; or
(v) A provider of an electronic communication
service or remote computing service who does not,
and reasonably cannot, manage the sexually explicit
content of the computer site or service.
[(5) Deleted.]
(d) Sell, distribute, redistribute, and re-release
refer to
commercial distribution of a book, magazine,
periodical, film, videotape,
digitally - or computer-manipulated image, digital
image, picture, or other matter that contains
a visual depiction of an actual human being engaged
in actual sexually explicit conduct, but does
not refer to noncommercial or
educational distribution of such matter,
including transfers conducted by bona
fide lending libraries, museums,
schools, or educational organizations.
(e) Copy, when used:
(1) In reference to an identification document or a
picture
identification card, means a photocopy, photograph, or digitally
scanned reproduction,
and
(2) When used in reference
to a sexually explicit depiction means the sexually
explicit image itself (e.g., a film, an image posted
on a web page, an image taken by a webcam, a photo
in a magazine, etc.).
(f) Internet means
collectively the myriad of computer and
telecommunications facilities, including equipment
and operating software, which constitute the
interconnected world-wide network of networks that
employ the Transmission Control Protocol/Internet
Protocol, or any predecessor or successor protocols
to such protocol, to communicate information of all
kinds by wire or radio.
(g) Computer site or service means a computer
server-based file repository or file distribution
service that is accessible over the Internet, World
Wide Web, Usenet, or any other interactive computer
service (as defined in 47 U.S.C. 230(f)(2)).
Computer site or service includes without
limitation, sites or services using hypertext
markup
language, hypertext transfer protocol, file transfer
protocol,
electronic mail transmission protocols, similar data
transmission protocols, or any successor protocols,
including but not limited to computer sites or
services on the World Wide Web.
(h) URL means uniform resource locator.
(i) Electronic communications service has the
meaning set forth in 18 U.S.C. 2510(15).
(j) Remote computing service has the meaning set
forth in 18 U.S.C. 2711(2).
(k) Manage content means to make editorial or
managerial decisions concerning the
sexually explicit content
of a computer site or service, but
does not mean those who manage solely advertising,
compliance with copyright law, or other forms of
non-sexually explicit content.
(l) Interactive computer service has the meaning set
forth in 47 U.S.C. 230(f)(2). |
Sec. 75.2 Maintenance of records.
(a) Any producer of any book, magazine, periodical,
film, videotape, or other matter that contains one
or more visual depictions of actual sexually
explicit conduct made after November 1, 1990 shall,
for each performer portrayed in such visual
depiction, create and maintain records containing
the following:
(1) The legal name and date of birth of each
performer, obtained by the producer's examination of
an identification document, as defined by 18 U.S.C.
1028(d). For any performer portrayed in such a
depiction made after May 26, 1992, the records shall
also include a legible copy of the identification
document examined and, if that document does not
contain a recent and recognizable picture of the
performer, a legible copy of a picture
identification card.
(2) Any name, other than each performer's legal
name, ever used by the performer, including the
performer's maiden name, alias, nickname, stage
name, or professional name. For any performer
portrayed in such a depiction made after May 26,
1992, such names shall be indexed by the title or
identifying number of the book, magazine, film,
videotape, or other matter.
(b) A producer who is a secondary producer as
defined in Sec. 75.1(c) may satisfy the requirements
of this part to create and maintain records by
accepting from the primary producer, as defined in
Sec. 75.1(c), copies of the records described in
paragraph (a) of this section. Such a secondary
producer shall also keep records of the name and
address of the primary producer from whom he
received copies of the records.
(c) The information contained in the records
required to be created and maintained by this part
need be current only as of the time the primary
producer actually films, videotapes, or photographs
the visual depiction of actual sexually explicit
conduct. If the producer subsequently produces an
additional book, magazine, film, videotape or other
matter that contains one or more visual depictions
of actual sexually explicit conduct made by a
performer for whom he maintains records as required
by this part, the producer may add the additional
title and/or identifying number and the names of the
performer to the existing records maintained
pursuant to Sec. 75.2(a)(2). |
Sec. 75.2 Maintenance of records.
(a) Any producer of any book, magazine, periodical,
film, videotape, computer-generated
image, digital image,
picture, or other matter that contains one or
more visual depictions of actual sexually explicit
conduct made after November 1, 1990, shall, for each
performer portrayed in such visual depiction, create
and maintain records containing the following:
(1) The legal name and date of birth of each
performer, obtained by the producer’s examination of
an identification document, as defined by 18 U.S.C.
1028(d)(3). For any
performer portrayed in such a depiction made after
May 26, 1992, the records shall also include a
legible copy of the identification document examined
and, if that document does not contain a recent and
recognizable picture of the performer, a legible
copy of a picture identification card. For
any performer portrayed in such a depiction after
[insert date 30 days after publication of the final
rule in the Federal Register], the records shall
include:
(i) A copy of the depiction, and
(ii) Where the depiction is published on an Internet
Computer site or service, a copy of any URL
associated with the depiction.
(2) Any name, other than each performer’s legal
name, ever used by the performer, including the
performer’s
maiden name, alias, nickname, stage name, or
professional name. For any performer portrayed in
such a depiction made after May 26, 1992, such names
shall be indexed by the title or identifying number
of the book, magazine, film, videotape, computer-generated
image, digital image,
picture, URL, or other matter.
(3) Records required to be created and maintained
under this part shall be organized alphabetically,
or numerically where appropriate, by the legal name
of the performer (by last or family name, then first
or given name), and shall be indexed or
cross-referenced to each alias or other name used
and to each title or identifying number of the book,
magazine, film, videotape, computer-generated image,
digital image, picture, URL, or other matter.
(b) A producer who is a secondary producer as
defined in § 75.1(c) may satisfy the requirements of
this part to create and maintain records by
accepting from the primary producer, as defined in §
75.1(c), copies of the records described in
paragraph (a) of this section. Such a secondary
producer shall also keep records of the name and
address of the primary producer from whom he
received copies of the records.
(c) The information contained in the records
required to be created and maintained by this part
need be current only
as of the time the primary producer actually films,
videotapes, or photographs, or creates
a computer generated image, digital image,
or picture, of the
visual depiction of actual sexually explicit
conduct. If the producer subsequently produces an
additional book, magazine, film, videotape,
computer-generated image, digital image, or picture,
or other matter (including
but not limited to Internet computer site or
services) that contains one or more visual
depictions of actual sexually explicit conduct made
by a performer for whom he maintains records as
required by this part, the producer may add the
additional title or identifying number and the names
of the performer to the existing records maintained
pursuant to § 75.2(a)(2).
(d) For any record created or amended after [insert
date 30 days after publication of the final rule in
the Federal Register], all such records shall be
organized alphabetically, or numerically where
appropriate, by the legal name of the performer (by
last or family name, then first or given name), and
shall be indexed or cross-referenced to each alias
or other name used and to each title or identifying
number of the book, magazine, film, videotape,
computer-generated image, digital image, picture, or
other matter (including but not limited to Internet
computer site or services). If the producer
subsequently produces an additional book, magazine,
film, videotape, computer-generated image, digital
image, or picture, or other matter (including but
not limited to Internet computer site or services)
that contains one or more visual depictions of
actual sexually explicit conduct made by a performer
for whom he maintains records as required by this
part, the producer shall add the additional title or
identifying number and the names of the performer to
the existing records and such records shall
thereafter be maintained in accordance with this
paragraph.
(e) Records required to be maintained under this
part shall be segregated from all other records,
shall not contain any other records, and shall not
be contained within any other records. |
Sec. 75.2 Maintenance of records.
(a) Any producer of any book, magazine, periodical,
film,
videotape, digitally - or
computer-manipulated image, digital image, picture, or
other matter that contains a
depiction of an
actual human being engaged in actual
sexually explicit conduct that
is produced in whole or in part with materials that
have been mailed or shipped in interstate or foreign
commerce, or is shipped or transported or is
intended for shipment or transportation in
interstate or foreign commerce and that
contains one or more visual depictions of an
actual
human being engaged in actual sexually
explicit conduct made after July
3, 1995 shall, for each performer portrayed
in such visual depiction, create and maintain
records containing the following:
(1) The legal name and date of birth of each
performer, obtained by the producer's examination
of a picture
identification card. For any performer
portrayed in such a depiction made after July
3, 1995, the records shall also include a
legible copy of the identification document examined
and, if that document does not contain a recent and
recognizable picture of the performer, a legible
copy of a picture identification card. For
any performer portrayed in such a depiction after
June 23, 2005, the records shall include
(i) A copy of the
depiction, and
(ii) Where the depiction is published on an Internet
computer site or service, a copy of any URL
associated with the depiction or, if
no URL is associated with the depiction, another
uniquely identifying reference associated with the
location of the depiction on the Internet.
(2) Any name, other than each performer's legal
name, ever used by the performer, including the
performer's maiden name, alias, nickname, stage
name, or professional name. For any performer
portrayed in such a depiction made after July
3, 1995, such names shall be indexed by the
title or identifying number of the book, magazine,
film, videotape,
digitally- or
computer-manipulated image, digital image, picture,
URL, or other matter. Producers
may rely in good faith on representations by
performers regarding accuracy of the names, other
than legal names, used by performers.
(3) Records required to be
created and maintained under this part shall be
organized alphabetically, or numerically where
appropriate, by the legal name of the performer (by
last or family name, then first or given name), and
shall be indexed or cross-referenced to each alias
or other name used and to each title or identifying
number of the book, magazine, film, videotape,
digitally- or computer-manipulated image,
digital image, picture, URL, or other matter.
(b) A producer who is a secondary producer as
defined in Sec. 75.1(c) may satisfy the requirements
of this part to create and maintain records by
accepting from the primary producer, as defined in
Sec. 75.1(c), copies of the records described in
paragraph (a) of this section. Such a secondary
producer shall also keep records of the name and
address of the primary producer from whom he
received copies of the
records.
(c) The information contained in the records
required to be created and maintained by this part
need be current only as of the time the primary
producer actually films, videotapes, or
photographs, or creates a
digitally or computer-manipulated image, digital
image, or picture, of the
visual depiction of an
actual human being engaged in actual
sexually explicit conduct. If the producer
subsequently produces an additional book, magazine,
film, videotape, digitally-
or computer- manipulated image, digital image, or
picture, or other matter (including
but not limited to Internet computer site or
services) that contains one or more visual
depictions of an actual
human being engaged in actual sexually
explicit conduct made by a performer for whom he
maintains records as required by this part, the
producer may add the additional title or identifying
number and the names of the performer to the
existing records maintained pursuant to Sec.
75.2(a)(2).
(d) For any record created
or amended after June 23, 2005, all such records
shall be organized alphabetically, or numerically
where appropriate, by the legal name of the
performer (by last or family name, then first or
given name), and shall be indexed or cross-
referenced to each alias or other name used and to
each title or identifying number of the book,
magazine, film, videotape, digitally- or
computer-manipulated image, digital image, or
picture, or other
matter (including but not limited to Internet
computer site or
services). If the producer subsequently produces an
additional book, magazine, film, videotape,
digitally- or computer-manipulated image, digital
image, or picture, or other matter (including but
not limited to Internet computer site or services)
that contains one or more visual
depictions of an actual human being engaged in
actual sexually explicit conduct made by a performer
for whom he maintains records as required by this
part, the producer shall add the additional title or
identifying number and the names of the performer to
the existing records and such records shall
thereafter be maintained in accordance with this
paragraph.
(e) Records required to be
maintained under this part shall be segregated from
all other records, shall not contain any other
records, and shall not be contained within any other
records.
(f) Records
required to be maintained under this part may be
kept either in hard copy or in digital form,
provided that they include scanned copies of forms
of identification and that there is a custodian of
the records who can authenticate each digital
record. |
Sec. 75.3 Categorization of records.
Records required to be maintained under this part
shall be categorized and retrievable to: All name(s)
of each performer, including any alias, maiden name,
nickname, stage name or professional name of the
performer; and according to the title, number, or
other similar identifier of each book, magazine,
periodical, film, videotape, or other matter. Only
one copy of each picture of a performer's picture
identification card and identification document must
be kept as long as each copy is categorized and
retrievable according to any name, real or assumed,
used by such performer, and according to any title
or other identifier of the matter. |
Sec. 75.3 Categorization of records.
Records required to be maintained under this part
shall be categorized alphabetically, or
numerically where appropriate, and
retrievable to: All name(s) of each performer,
including any alias, maiden name, nickname, stage
name, or professional name of the performer; and
according to the title, number, or other similar
identifier of each book, magazine, periodical, film,
videotape,computer-generated
image, digital image, picture, or other
matter. Only one copy of each picture of a
performer’s picture identification card and
identification document must be kept as long as each
copy is categorized and retrievable according to any
name, real or assumed, used by such performer, and
according to any title or other identifier of the
matter. |
Sec. 75.3 Categorization of records.
Records required to be maintained under this part
shall be
categorized alphabetically,
or numerically where appropriate, and
retrievable to: All name(s) of each performer,
including any alias, maiden name, nickname, stage
name or professional name of the performer; and
according to the title, number, or other similar
identifier of each book, magazine, periodical, film,
videotape, digitally- or
computer-manipulated image, digital image, or
picture, or
other matter (including
but not limited to Internet computer site or
services). Only one copy of each picture of a
performer's picture identification card and
identification document must be kept as long as each
copy is categorized and retrievable according to any
name, real or assumed, used by such performer, and
according to any title or other
identifier of the matter. |
Sec. 75.4 Location of records.
Any producer required by this part to maintain
records shall make such records available at the
producer's place of business. The business
address shall refer to a street address and not to a
post office box number.[Moved.]Such records
shall be maintained as long as the producer remains
in business. If the producer ceases to carry on
the business, the records shall be maintained for
five years thereafter. If the producer produces the
book, magazine, periodical, film, videotape or other
matter as part of his control of or through his
employment with an organization, records shall be
made available at the organization's place of
business. If the organization is dissolved, the
individual who was responsible for maintaining the
records on behalf of the organization, as described
in Sec. 75.6(b), shall continue to maintain the
records for a period of five years after
dissolution. |
Sec.75.4 Location of records.
Any producer required by this part to maintain
records shall make such records available at the
producer’s place of business. Each
record shall be maintained for seven years from the
date of creation or last amendment or addition. If
the producer ceases to carry on the business, the
records shall be maintained for five years
thereafter. If the producer produces the book,
magazine, periodical, film, videotape, computer-generated
image, digital image, picture, or other
matter (including but not
limited to Internet computer site or services) as
part of his control of or through his employment
with an organization, records shall be made
available at the organization’s place of business.
If the organization is dissolved, the individual who
was responsible for maintaining the records on
behalf of the organization, as described in §
75.6(b), shall continue to maintain the records for
a period of five years
after dissolution. |
Sec. 75.4 Location of records.
Any producer required by this part to maintain
records shall make such records available at the
producer's place of business. Each
record shall be maintained for seven years from the
date of creation or last amendment or addition. If
the producer ceases to carry on the business, the
records shall be maintained for five years
thereafter. If the producer produces the book,
magazine, periodical, film, videotape,
digitally- or
computer-manipulated image, digital image, or
picture, or other matter (including
but not limited to Internet computer site or
services) as part of his control of or
through his employment with an organization, records
shall be made available at the organization's place
of business. If the organization is dissolved, the
individual who was responsible for maintaining the
records on behalf of the
organization, as described in Sec. 75.6(b), shall
continue to maintain the records for a period of
five years after dissolution. |
Sec. 75.5 Inspection of records.
Any producer required by this part to maintain
records shall make such records available to the
Attorney General or his delegee for inspection at
all reasonable times.
|
Sec. 75.5 Inspection of records.
(a) Authority to inspect.
Investigators designated by the Attorney General
(hereinafter ‘‘investigators’’) are authorized to
enter without delay and at reasonable times (as
defined in subsection (c)(1)) any establishment of a
producer where records under § 75.2 are maintained
to inspect, within reasonable limits and in a
reasonable manner, for the purpose of determining
compliance with the record-keeping requirements of
18 U.S.C. 2257.
(b) Advance notice of inspections . Advance notice
of record inspections shall not be given.
(c) Conduct of inspections.
(1) Inspections shall take place during normal
business hours and at such places as specified in §
75.4. For the purpose of this part, ‘‘normal
business hours’’ are from 8 a.m. to 6 p.m., local
time, and any other time during which the producer
is actually conducting business relating to
producing depiction of actual sexually explicit
conduct.
(2) Upon commencing an inspection,
the investigator shall:
(i) Present his or her credentials to the owner,
operator, or agent in charge of the establishment;
(ii) Explain the nature and purpose of the
inspection, including the limited nature of the
records inspection, and the records required to be
kept by the Act and this part; and
(iii) Indicate the scope of the specific inspection
and the records that he or she wishes to inspect.
(3) The inspections shall be conducted so as not to
unreasonably disrupt the operations of the
producer’s
establishment.
(4) At the conclusion of an inspection, the
investigator may informally advise the producer of
any apparent violations disclosed by the inspection.
The producer may bring to the attention of the
investigator any pertinent information regarding the
records inspected or any other relevant matter.
(d) Frequency of inspections. A producer may be
inspected once during any four-month period, unless
there is a reasonable suspicion to believe that a
violation of this part has occurred, in which case
an additional inspection or inspections may be
conducted before the four-month period has expired.
(e) Copies of records. An investigator may
photocopy, at no expense to the producer, during the
inspection, any record that is subject to
inspection.
(f) Other law enforcement authority. These
regulations do not restrict the otherwise lawful
investigative prerogatives of an investigator while
conducting an inspection.
(g) Seizure of evidence. Notwithstanding any
provision of this part or any other regulation, a
law enforcement officer may seize any evidence of
the commission of any felony while conducting an
inspection. |
Sec. 75.5 Inspection of records.
(a) Authority to inspect. Investigators authorized by the Attorney
General (hereinafter ``investigators'') are
authorized to enter without delay and at reasonable
times any establishment of a producer where records
under Sec. 75.2 are maintained to inspect during
regular working hours and at other reasonable times, and within reasonable limits and in
a reasonable manner, for the purpose of determining
compliance with the record-keeping requirements of
the Act and any other provision of the Act
(hereinafter "investigator'').
(b) Advance notice of inspections. Advance notice of
record
inspections shall not be given.
(c) Conduct of inspections.
(1) Inspections shall take place during the
producer's normal
business hours and at such places as specified in
Sec. 75.4. For the purpose of this part, ``normal
business hours'' are from 9
a.m. to 5 p.m., local time, Monday through Friday,
or any other time during which the producer is
actually conducting business relating to producing
depiction of actual
sexually explicit conduct. To the extent that the
producer does not maintain at least 20 normal
business hours per week, producers must provide
notice to the inspecting agency of the hours during
which records will be available for inspection,
which in no case may be less
than twenty (20) hours per week.
(2) Upon commencing an inspection, the investigator
shall:
(i) Present his or her credentials to the owner,
operator, or agent in charge of the establishment;
(ii) Explain the nature and purpose of the
inspection, including the limited nature of the
records inspection, and the records required to be
kept by the Act and this part; and
(iii) Indicate the scope of the specific inspection
and the records that he or she wishes to inspect.
(3) The inspections shall be conducted so as not to
unreasonably disrupt the operations of the
producer's establishment.
(4) At the conclusion of an inspection, the
investigator may
informally advise the producer of any apparent
violations disclosed by the inspection. The producer
may bring to the attention of the investigator any
pertinent information regarding the records
inspected or any other relevant matter.
(d) Frequency of inspections. A producer may be
inspected once during any four-month period, unless
there is a reasonable suspicion to believe that a
violation of this part has occurred, in which case
an additional inspection or inspections may be
conducted before the four- month period has expired.
(e) Copies of records. An investigator may copy, at
no expense to the producer, during the inspection,
any record that is subject to inspection.
(f) Other law enforcement authority. These
regulations do not restrict the otherwise lawful
investigative prerogatives of an investigator while
conducting an inspection.
(g) Seizure of evidence. Notwithstanding any
provision of this part or any other regulation, a
law enforcement officer may seize any evidence of
the commission of any felony while conducting an
inspection. |
Sec. 75.6 Statement describing location of books and
records.
Any producer of any book, magazine, periodical,
film, videotape, or other matter that contains one
or more visual depictions of actual sexual explicit
conduct made after November 1, 1990, and produced,
manufactured, published, duplicated, reproduced, or
reissued on or after May 26, 1992 shall cause to be
affixed to every copy of the matter a statement
describing the location of the records required by
this part. A producer may cause such statement to be
affixed, for example, by instructing the
manufacturer of the book, magazine, periodical,
film, videotape, or other matter to affix the
statement.
(a) Every statement shall contain:
(1) The title of the book, magazine, periodical,
film, or videotape, or other matter (unless the
title is prominently set out elsewhere in the book,
magazine, periodical, film, or videotape, or other
matter) or, if there is no title, an identifying
number or similar identifier which differentiates
this matter from other matters which the producer
has produced;
(2) The date of production, manufacture,
publication, duplication, reproduction, or
reissuance of the matter; and,
(3) A street address at which the records required
by this part may be made available. The street
address may be an address specified by the primary
producer or, if the secondary producer satisfies the
requirements of Sec. 75.2(b), the address of the
secondary producer.
(b) If the producer is an organization, the
statement shall also contain the name, title, and
business address of the individual employed by such
organization who is responsible for maintaining the
records required by this part.
(c) The information contained in the statement must
be accurate as of the date on which the book,
magazine, periodical, film, videotape, or other
matter is sold, distributed, redistributed, or
rereleased. |
Sec.75.6 Statement describing location of
books and records.
(a) Any producer of
any book, magazine, periodical, film, videotape, computer-generated
image, digital image, picture, or other
matter that contains one or more visual depictions
of actual sexually explicit conduct made after
November 1, 1990, and produced, manufactured,
published, duplicated, reproduced, or reissued on or
after May 26, 1992, shall cause to be affixed to
every copy of the matter a statement describing the
location of the records required by this part. A
producer may cause such statement to be affixed, for
example, by instructing the manufacturer of the
book, magazine, periodical, film, videotape, computer-generated
image, digital image, picture, or other
matter to affix the statement.
(b) Every statement shall contain:
(1) The title of the book, magazine, periodical,
film, or videotape, computer-generated
image, digital image, picture, or other
matter (unless the title is prominently set out
elsewhere in the book, magazine, periodical, film,
or videotape, computer-generated
image, digital image, picture, or other
matter) or, if there is no title, an identifying
number or similar identifier that differentiates
this matter from other matters that the producer has
produced;
(2) The date of production, manufacture,
publication, duplication, reproduction, or
reissuance of the matter; and,
(3) A street address at which the records required
by this part may be made available. The street
address may be an address specified by the primary
producer or, if the secondary producer satisfies the
requirements of § 75.2(b), the address of the
secondary producer. A post
office box address does not satisfy this
requirement.
(c) If the producer is an organization, the
statement shall also contain the name, title, and
business address of the individual employed by such
organization who is responsible for maintaining the
records required by this part.
(d) The information contained in the
statement must be accurate as of the date on which
the book, magazine, periodical, film, videotape, computer-generated
image, digital image, picture, or other
matter is sold, distributed, redistributed, or
rereleased.
(e) For the purposes of this section, the required
statement shall be displayed in the same typeface as
the names of the performers, director, producer, or
owner, whichever is larger, and shall be no smaller
in size than the largest of the names of the
performers, director, producer, or owner, and in no
case in less than 11pt type, in black on a white,
untinted background. For any electronic or other
display of the notice that is limited in time, the
notice must be displayed for a sufficient duration
and of a sufficient size to be capable of being read
by the average viewer. |
Sec. 75.6 Statement describing location of books and
records.
(a) Any producer of any book, magazine, periodical,
film,
videotape, digitally- or
computer-manipulated image, digital image, or
picture, or other matter (including
but not limited to Internet computer site or
services) that contains one or more visual
depictions of an actual human being engaged in
actual sexually explicit conduct made after July
3, 1995, and produced, manufactured,
published, duplicated, reproduced, or reissued on or
after July 3, 1995,
shall cause to be affixed to every copy of the
matter a statement describing the location of the
records required by this part. A producer may cause
such statement to be affixed, for example, by
instructing the manufacturer of the book, magazine,
periodical, film, videotape, digitally-
or computer-manipulated image, digital image,
picture, or other matter to affix the
statement.
(b) Every statement shall contain:
(1) The title of the book, magazine, periodical,
film, or
videotape, digitally- or
computer-manipulated image, digital image, picture, or
other matter (unless the title is prominently set
out elsewhere in the book, magazine, periodical,
film, or videotape, digitally-
or computer-manipulated image, digital image,
picture, or other matter) or, if there is no
title, an identifying number or similar identifier
that differentiates this matter from other matters
which the producer has produced;
(2) The date of production, manufacture,
publication, duplication, reproduction, or
reissuance of the matter; and,
(3) A street address at which the records required
by this part may be made available. The street
address may be an address specified by the primary
producer or, if the secondary producer satisfies the
requirements of Sec. 75.2(b), the address of the
secondary producer. A post
office box address does not satisfy this
requirement.
(c) If the producer is an organization, the
statement shall also
contain the name, title, and business address of the
individual employed by such organization who is
responsible for maintaining the records required by
this part.
(d) The information contained in the statement must
be accurate as of the date on which the book,
magazine, periodical, film, videotape, digitally
or computer-manipulated image, digital image,
picture, or
other matter is produced or reproduced.
(e) For the purposes of
this section, the required statement shall be
displayed in typeface that is no less than 12-point
type or no
smaller than the second-largest typeface on the
material and in a color that clearly contrasts with
the background color of the material. For
any electronic or other display of the notice that
is limited in time, the notice must be displayed for
a sufficient duration and of a sufficient size to be
capable of being read by the average viewer. |
Sec. 75.7 Exemption statement.
(a) Any producer of any book, magazine, periodical,
film, videotape, or other matter may cause to be
affixed to every copy of the matter a statement
attesting that the matter is not covered by the
record-keeping requirements of 18 U.S.C. 2257(a)-(c)
and of this part if:
(1) The matter contains only visual depictions of
actual sexually explicit conduct made before
November 1, 1990, or is produced, manufactured,
published, duplicated, reproduced, or reissued
before May 26, 1992;
(2) The matter contains only visual depictions of
simulated sexually explicit conduct; or,
(3) The matter contains only some combination of the
visual depictions described in paragraphs (a)(1) and
(a)(2) of this section.
(b) If the primary producer and the secondary
producer are different entities, the primary
producer may certify to the secondary producer that
the visual depictions in the matter satisfy the
standards under paragraphs (a)(1) through (a)(3) of
this section. The secondary producer may then cause
to be affixed to every copy of the matter a
statement attesting that the matter is not covered
by the record-keeping requirements of 18 U.S.C.
2257(a)-(c) and of this part. |
Sec. 75.7 Exemption statement.
(a) Any producer of any book, magazine, periodical,
film, videotape, computer-generated
image, digital image, picture, or other
matter may cause to be affixed to every copy of the
matter a statement attesting that the matter is not
covered by the recordkeeping requirements of 18
U.S.C. 2257(a)–(c) and of this part if:
(1) The matter contains only visual depictions of
actual sexually explicit conduct made before
November 1, 1990, or is produced, manufactured,
published, duplicated, reproduced, or reissued
before May 26, 1992;
(2) The matter contains only visual depictions of
simulated sexually explicit conduct; or,
(3) The matter contains only some combination of the
visual depictions described in paragraphs (a)(1) and
(a)(2) of this section.
(b) If the primary producer and the secondary
producer are different entities, the primary
producer may certify to the secondary producer that
the visual depictions in the matter satisfy the
standards under paragraphs (a)(1) through (a)(3) of
this section. The secondary producer may then cause
to be affixed to every copy of the matter a
statement attesting that the matter is not covered
by the record-keeping requirements of 18 U.S.C.
2257(a)–(c) and of this part. |
Sec. 75.7 Exemption statement.
(a) Any producer of any book, magazine, periodical,
film,
videotape, digitally- or
computer-manipulated image, digital image, picture,
or other matter may cause to be affixed to every
copy of the matter a statement attesting that the
matter is not covered by the record-keeping
requirements of 18 U.S.C. 2257(a)-(c) and of this
part if:
(1) The matter contains only visual depictions of
actual sexually explicit conduct made before July 3,
1995, or is produced, manufactured, published,
duplicated, reproduced, or reissued before July 3,
1995;
(2) The matter contains only visual depictions of
simulated
sexually explicit conduct; or,
(3) The matter contains only some combination of the
visual depictions described in paragraphs (a)(1) and
(a)(2) of this section.
(b) If the primary producer and the secondary
producer are
different entities, the primary producer may certify
to the secondary producer that the visual depictions
in the matter satisfy the standards under paragraphs
(a)(1) through (a)(3) of this section. The secondary
producer may then cause to be affixed to every copy
of the matter a statement attesting that the matter
is not covered by the record- keeping requirements
of 18 U.S.C. 2257(a)-(c) and of this part. |
Sec. 75.8 Location of the statement.
All books, magazines, and periodicals shall contain
the statement required in Sec. 75.6 or suggested in
Sec. 75.7 either on the first page that appears
after the front cover or on the page on which
copyright information appears.
In any film or videotape which contains end credits
for the production, direction, distribution, or
other activity in connection with the film or
videotape, the statement referred to in Sec. 75.6 or
Sec. 75.7 shall be presented at the end of the end
titles or final credits and shall be displayed for a
sufficient duration to be capable of being read by
the average viewer. Any other film or videotape
shall contain the required statement within one
minute from the start of the film or videotape, and
before the opening scene, and shall display the
statement for a sufficient duration to be read by
the average viewer.
For all other categories not otherwise mentioned in
this section, the statement is to be prominently
displayed consistent with the manner of display
required for the aforementioned categories. |
Sec. 75.8 Location of the statement.
(a) All
books, magazines, and periodicals shall contain the
statement required in § 75.6 or suggested in § 75.7
either on the first page that appears after the
front cover or on the page on which copyright
information appears.
(b) In any film or videotape that contains
end credits for the production, direction,
distribution, or other activity in connection with
the film or videotape, the statement referred to in
§ 75.6 or § 75.7 shall be presented at the end of
the end titles or final credits and shall be
displayed for a sufficient duration to be capable of
being read by the average viewer.
(c) Any other film or videotape shall contain
the required statement within one minute from the
start of the film or videotape, and before the
opening scene, and shall display the statement for a
sufficient duration to be read by the average
viewer.
(d) A computer site or service or Web address
containing a computer-generated image, digital
image, or picture, shall contain the required
statement on its homepage or principal URL.
(e) For all other categories not otherwise
mentioned in this section, the statement is to be
prominently displayed consistent with the manner of
display required for the aforementioned categories. |
Sec. 75.8 Location of the statement.
(a) All
books, magazines, and periodicals shall contain the
statement required in Sec. 75.6 or suggested in Sec.
75.7 either on the first page that appears after the
front cover or on the page on which copyright
information appears.
(b) In any film or
videotape which contains end credits for the
production, direction, distribution, or other
activity in connection with the film or videotape,
the statement referred to in Sec. 75.6 or Sec. 75.7
shall be presented at the end of the end titles or
final credits and shall be displayed for a
sufficient duration to be capable of being read by
the average viewer.
(c) Any other film
or videotape shall contain the required
statement within one minute from the start of the
film or videotape, and before the opening scene, and
shall display the statement for a sufficient
duration to be read by the average viewer.
(d) A
computer site or service or Web address containing
a
digitally- or computer-manipulated image, digital
image, or picture, shall contain the required
statement on its homepage, any
known major entry points, or principal URL
(including the principal URL of a sub-domain), or in
a separate window that opens upon the viewer's
clicking a hypertext link that states, ``18 U.S.C.
2257 Record-Keeping Requirements Compliance
Statement.''
(e) For all other
categories not otherwise mentioned in this
section, the statement is to be prominently
displayed consistent with the manner of display
required for the aforementioned categories. |
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