What US 28 CFR Part 75 - Implementing Regulations for 18 USC §2257 and §2257A requires
28 CFR Part 75 is the US Attorney General's implementing regulation for 18 USC §2257 and §2257A record-keeping obligations. Part 75 contains nine sections defining who must keep records (§75.1 primary producer vs secondary producer), what records must be created and maintained (§75.2), how records are categorized and cross-indexed (§75.3), where they must be physically located (§75.4), the inspection regime for DOJ-authorized investigators (§75.5), the form and placement of the disclosure statement on every copy (§75.6 through §75.8), and the certification a producer may file regarding pre-July-2006 depictions (§75.9). The regulation distinguishes primary producers (who actually film/photograph/create the depiction) from secondary producers (who duplicate, publish, distribute, or reissue it) and allows the same person to be both. Definitions cross-reference 18 USC §2256(2)(A) for sexually explicit conduct.
Pillar: Adult Industry & Sexual Content Compliance · Authority: US Department of Justice (Attorney General) · Version: 1.0.0 · Last updated:
Primary source: https://www.law.cornell.edu/cfr/text/28/part-75
SHA-256 integrity: 9686972f902e5bc5562554fe80bd1259bc61c49d56ec2ddcf8dca2321c149751
Primary Citations — 5 traced to source
- 28 CFR § 75.1 paragraph (c) - Primary producer is any person who actually films videotapes photographs or creates a digitally- or computer-manipulated image of a visual depiction of an actual human being engaged in actual or simulated sexually explicit conduct; Secondary producer is any person who produces assembles manufactures publishes duplicates reproduces or reissues a book magazine periodical film videotape that contains a visual depiction; the same person may be both a primary and a secondary producer
- 28 CFR § 75.2 paragraph (a)(1) - records shall include legible photocopy of the identification document examined to ascertain performer name and date of birth issued by an entity authorized by law and bearing performer photograph
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