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18 U.s.c. 225718 U.S.C. 2257 is the section of the United States Code and US Penal Code which specifies record-keeping requirements for those wishing to produce sexually-explicit media. This is intended to ensure that no person under the legal age is involved in such undertakings. Text of Law The text of the law is available at Sec. 2257. - Record keeping requirements. Summary of Law The law states that anyone producing media after November 1, 1990 which contains images of actual sexually explicit conduct moved interstate or foreign "shall create and maintain individually identifiable records pertaining to every performer portrayed in such a visual depiction" recording the performer's name and date of birth and "any name, other than the performer's present and correct name, ever used by the performer including maiden name, alias, nickname, stage, or professional name". This information has to be available for the Attorney General to inspect "at all reasonable times." The law applies to everyone who knowingly sells or otherwise transfers any said media interstate or foreign. The penalties for violations were recently increased by the PROTECT Act. The penalty for a first violation of 18 U.S.C. 2257 is now 5 years and a possible fine, and up to 10 years for a second violation. Example of disclaimer WARNING: Sexually Explicit Content. This Website contains explicit sexual material which may be offensive to some viewers. You must be 18 years or older to enter this Website. By going beyond this point, you acknowledge that you are 18 years or older. All models, actors, actresses and other persons that appear in any visual depiction of actual sexual conduct appearing or otherwise contained in this adult site were over the age of eighteen years at the time of the creation of such depictions. Some of the aforementioned depictions appearing or otherwise contained in or at this site contain only visual depictions of actual sexually explicit conduct made before July 3, 1995, and, as such, are exempt from the requirements set forth in 18 U.S.C. 2257 and C.F.R. 75. With regard to the remaining depictions of actual sexual conduct appearing or otherwise contained in or at this adult site, the records required pursuant to 18 U.S.C. 2257 and C.F.R. 75 are kept by the custodian of records of this company whose address is available public information at Internic whois. Enforceability of law It is clear there is much sexual material on the Internet that would fall under the spirit of this law. When and where is it really enforced? The whois record for the domain the above notice was pulled from: Administrative Contact: Investments AVV, Sampson (email omitted) 62 Asta Cruz Aruba Dutch West Indies Aruba, NA NA AN 1111111111 It remains to the reader to determine if that is a valid address under which US law is enforceable. A long list of record keeper addresses: Age & Record Keeping Information See also * 28 C.F.R. 75
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