(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 theseregulations are intended to provide common-language guidance and usage and arenot meant to exclude technologies or uses of these terms as otherwise employedin 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 theUnited States, a State government or a political subdivision thereof, or aUnited States territory, that bears the photograph and the name of theindividual identified, and provides sufficient specific information that it canbe accessed from the issuing authority, such as a passport, Permanent ResidentCard (commonly known as a “Green Card”), or other employmentauthorization document issued by the United States, a driver's license issued bya State or the District of Columbia, or another form of identification issued bya State or the District of Columbia; or, a foreign government-issued equivalentof any of the documents listed above when both the person who is the subject ofthe picture identification card and the producer maintaining the requiredrecords 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 secondaryproducer.

(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 ofan 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 visualdepiction 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 otherwisemanages the sexually explicit content of a computer site or service thatcontains a visual depiction of an actual human being engaged in actual sexuallyexplicit conduct, including any person who enters into a contract, agreement, orconspiracy 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 visualdepiction of actual sexually explicit conduct are limited to the following:

(i) Photo or film processing, including digitization of previously existingvisual depictions, as part of a commercial enterprise, with no other commercialinterest 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 depictedperformers;

(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 computingservice who does not, and reasonably cannot, manage the sexually explicitcontent of the computer site or service.

(d) Sell, distribute, redistribute, and re-release refer tocommercial distribution of a book, magazine, periodical, film, videotape,digitally- or computer-manipulated image, digital image, picture, or othermatter that contains a visual depiction of an actual human being engaged inactual sexually explicit conduct, but does not refer to noncommercial oreducational distribution of such matter, including transfers conducted by bonafide lending libraries, museums, schools, or educational organizations.

(e) Copy, when used:

(1) In reference to an identification document or a picture identificationcard, means a photocopy, photograph, or digitally scanned reproduction, and

(2) When used in reference to a sexually explicit depiction means thesexually explicit image itself (e.g., a film, an image posted on aweb page, an image taken by a webcam, a photo in a magazine, etc.).

(f) Internet means collectively the myriad of computer andtelecommunications facilities, including equipment and operating software, whichconstitute the interconnected world-wide network of networks that employ theTransmission Control Protocol/Internet Protocol, or any predecessor or successorprotocols to such protocol, to communicate information of all kinds by wire orradio.

(g) Computer site or service means a computer server-based filerepository or file distribution service that is accessible over the Internet,World Wide Web, Usenet, or any other interactive computer service (as defined in47 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 datatransmission protocols, or any successor protocols, including but not limited tocomputer sites or services on the World Wide Web.

(h) URL means uniform resource locator.

(i) Electronic communications service has the meaning set forthin 18 U.S.C. 2510(15).

(j) Remote computing service has the meaning set forth in 18U.S.C. 2711(2).

(k) Manage content means to make editorial or managerialdecisions concerning the sexually explicit content of a computer site orservice, but does not mean those who manage solely advertising, compliance withcopyright law, or other forms of non-sexually explicit content.

(l) Interactive computer service has the meaning set forth in47 U.S.C. 230(f)(2).

(a) Any producer of any book, magazine, periodical, film, videotape,digitally- or computer-manipulated image, digital image, picture, or othermatter that contains a depiction of an actual human being engaged in actualsexually explicit conduct that is produced in whole or in part with materialsthat have been mailed or shipped in interstate or foreign commerce, or isshipped or transported or is intended for shipment or transportation ininterstate or foreign commerce and that contains one or more visual depictionsof an actual human being engaged in actual sexually explicit conduct made afterJuly 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 theproducer's examination of a picture identification card. For any performerportrayed in such a depiction made after July 3, 1995, the records shall alsoinclude a legible copy of the identification document examined and, if thatdocument does not contain a recent and recognizable picture of the performer, alegible copy of a picture identification card. For any performer portrayed insuch 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 orservice, a copy of any URL associated with the depiction or, if no URL isassociated with the depiction, another uniquely identifying reference associatedwith the location of the depiction on the Internet.

(2) Any name, other than each performer's legal name, ever used by theperformer, including the performer's maiden name, alias, nickname, stage name,or professional name. For any performer portrayed in such a depiction made afterJuly 3, 1995, such names shall be indexed by the title or identifying number ofthe book, magazine, film, videotape, digitally- or computer-manipulated image,digital image, picture, URL, or other matter. Producers may rely in good faithon representations by performers regarding accuracy of the names, other thanlegal names, used by performers.

(3) Records required to be created and maintained under this part shall beorganized alphabetically, or numerically where appropriate, by the legal name ofthe performer (by last or family name, then first or given name), and shall beindexed or cross-referenced to each alias or other name used and to each titleor identifying number of the book, magazine, film, videotape, digitally- orcomputer-manipulated 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 byaccepting from the primary producer, as defined in § 75.1(c), copiesof the records described in paragraph (a) of this section. Such a secondaryproducer shall also keep records of the name and address of the primary producerfrom whom he received copies of the records.

(c) The information contained in the records required to be created andmaintained by this part need be current only as of the time the primary produceractually films, videotapes, or photographs, or creates a digitally or computer-manipulated image, digital image, or picture, of the visual depiction of anactual human being engaged in actual sexually explicit conduct. If the producersubsequently 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 containsone or more visual depictions of an actual human being engaged in actualsexually explicit conduct made by a performer for whom he maintains records asrequired by this part, the producer may add the additional title or identifyingnumber and the names of the performer to the existing records maintainedpursuant to § 75.2(a)(2).

(d) For any record created or amended after June 23, 2005, all such recordsshall be organized alphabetically, or numerically where appropriate, by thelegal 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 toeach title or identifying number of the book, magazine, film, videotape,digitally- or computer-manipulated image, digital image, or picture, or othermatter (including but not limited to Internet computer site or services). If theproducer subsequently produces an additional book, magazine, film, videotape,digitally- or computer-manipulated image, digital image, or picture, or othermatter (including but not limited to Internet computer site or services) thatcontains one or more visual depictions of an actual human being engaged inactual sexually explicit conduct made by a performer for whom he maintainsrecords as required by this part, the producer shall add the additional title oridentifying number and the names of the performer to the existing records andsuch records shall thereafter be maintained in accordance with this paragraph.

(e) Records required to be maintained under this part shall be segregatedfrom all other records, shall not contain any other records, and shall not becontained within any other records.

(f) Records required to be maintained under this part may be kept either inhard copy or in digital form, provided that they include scanned copies of formsof identification and that there is a custodian of the records who canauthenticate each digital record.

Records required to be maintained under this part shall be categorizedalphabetically, or numerically where appropriate, and retrievable to: Allname(s) of each performer, including any alias, maiden name, nickname, stagename 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 othermatter (including but not limited to Internet computer site or services). Onlyone copy of each picture of a performer's picture identification card andidentification document must be kept as long as each copy is categorized andretrievable according to any name, real or assumed, used by such performer, andaccording to any title or other identifier of the matter.

Any producer required by this part to maintain records shall make suchrecords available at the producer's place of business. Each record shall bemaintained for seven years from the date of creation or last amendment oraddition. If the producer ceases to carry on the business, the records shall bemaintained 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 toInternet computer site or services) as part of his control of or through hisemployment with an organization, records shall be made available at theorganization's place of business. If the organization is dissolved, theindividual who was responsible for maintaining the records on behalf of theorganization, as described in § 75.6(b), shall continue to maintainthe records for a period of five years after dissolution.

(a) Authority to inspect. Investigators authorized by theAttorney General (hereinafter “investigators”) are authorized toenter without delay and at reasonable times any establishment of a producerwhere records under § 75.2 are maintained to inspect during regularworking hours and at other reasonable times, and within reasonable limits and ina 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 recordinspections shall not be given.

(c) Conduct of inspections. (1) Inspections shall take placeduring the producer's normal business hours and at such places as specified in§ 75.4. For the purpose of this part, “normal businesshours” are from 9 a.m. to 5 p.m., local time, Monday through Friday, orany other time during which the producer is actually conducting businessrelating to producing depiction of actual sexually explicit conduct. To theextent that the producer does not maintain at least 20 normal business hours perweek, producers must provide notice to the inspecting agency of the hours duringwhich records will be available for inspection, which in no case may be lessthan 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 chargeof the establishment;

(ii) Explain the nature and purpose of the inspection, including the limitednature of the records inspection, and the records required to be kept by the Actand this part; and

(iii) Indicate the scope of the specific inspection and the records that heor she wishes to inspect.

(3) The inspections shall be conducted so as not to unreasonably disrupt theoperations of the producer's establishment.

(4) At the conclusion of an inspection, the investigator may informallyadvise the producer of any apparent violations disclosed by the inspection. Theproducer may bring to the attention of the investigator any pertinentinformation regarding the records inspected or any other relevant matter.

(d) Frequency of inspections. A producer may be inspected onceduring any four-month period, unless there is a reasonable suspicion to believethat a violation of this part has occurred, in which case an additionalinspection or inspections may be conducted before the four-month period hasexpired.

(e) Copies of records. An investigator may copy, at no expenseto the producer, during the inspection, any record that is subject toinspection.

(f) Other law enforcement authority. These regulations do notrestrict the otherwise lawful investigative prerogatives of an investigatorwhile conducting an inspection.

(g) Seizure of evidence. Notwithstanding any provision of thispart or any other regulation, a law enforcement officer may seize any evidenceof the commission of any felony while conducting an inspection.

(a) Any producer of any book, magazine, periodical, film, videotape,digitally- or computer-manipulated image, digital image, or picture, or othermatter (including but not limited to Internet computer site or services) thatcontains one or more visual depictions of an actual human being engaged inactual 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 statementdescribing the location of the records required by this part. A producer maycause such statement to be affixed, for example, by instructing the manufacturerof the book, magazine, periodical, film, videotape, digitally- or computer-manipulated image, digital image, picture, or other matter to affix thestatement.

(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 othermatter (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, anidentifying number or similar identifier that differentiates this matter fromother 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 whichthe records required by this part may be made available. The street address maybe an address specified by the primary producer or, if the secondary producersatisfies the requirements of § 75.2(b), the address of the secondaryproducer. A post office box address does not satisfy this requirement.

(c) If the producer is an organization, the statement shall also contain thename, title, and business address of the individual employed by suchorganization who is responsible for maintaining the records required by thispart.

(d) The information contained in the statement must be accurate as of thedate on which the book, magazine, periodical, film, videotape, digitally orcomputer-manipulated image, digital image, picture, or other matter is producedor reproduced.

(e) For the purposes of this section, the required statement shall bedisplayed in typeface that is no less than 12-point type or no smaller than thesecond-largest typeface on the material and in a color that clearly contrastswith the background color of the material. For any electronic or other displayof the notice that is limited in time, the notice must be displayed for asufficient duration and of a sufficient size to be capable of being read by theaverage viewer.

(a) Any producer of any book, magazine, periodical, film, videotape,digitally- or computer-manipulated image, digital image, picture, or othermatter may cause to be affixed to every copy of the matter a statement attestingthat 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 explicitconduct 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 explicitconduct; or,

(3) The matter contains only some combination of the visual depictionsdescribed in paragraphs (a)(1) and (a)(2) of this section.

(b) If the primary producer and the secondary producer are differententities, the primary producer may certify to the secondary producer that thevisual depictions in the matter satisfy the standards under paragraphs (a)(1)through (a)(3) of this section. The secondary producer may then cause to beaffixed to every copy of the matter a statement attesting that the matter is notcovered by the record-keeping requirements of 18 U.S.C. 2257(a)-(c) and ofthis part.

(a) All books, magazines, and periodicals shall contain the statementrequired in § 75.6 or suggested in § 75.7 either on thefirst page that appears after the front cover or on the page on which copyrightinformation appears.

(b) In any film or videotape which contains end credits for the production,direction, distribution, or other activity in connection with the film orvideotape, the statement referred to in § 75.6 or § 75.7shall be presented at the end of the end titles or final credits and shall bedisplayed for a sufficient duration to be capable of being read by the averageviewer.

(c) Any other film or videotape shall contain the required statement withinone minute from the start of the film or videotape, and before the openingscene, and shall display the statement for a sufficient duration to be read bythe average viewer.

(d) A computer site or service or Web address containing a digitally- orcomputer-manipulated image, digital image, or picture, shall contain therequired statement on its homepage, any known major entry points, or principalURL (including the principal URL of a subdomain), or in a separate window thatopens 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, thestatement is to be prominently displayed consistent with the manner of displayrequired for the aforementioned categories.