| 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
|
§ 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 [JDO:
No "commercial" purpose included here.] 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).
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| 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).
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§ 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.
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| 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.
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§ 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.
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| 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.
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§ 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.
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| 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.
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§ 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. 75.6 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.
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§ 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.
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| 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.
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§ 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.
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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.
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§ 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.
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