| Existing Regulations (pre
June 23rd, 2005) |
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 rerelease 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.
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| 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.
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| 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 subdomain), 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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