Encyclopedia > Child Protection and Obscenity Enforcement Act
The Child Protection and Obscenity Enforcement Act of 1988 (Pub. L. 100–690, title VII, subtitle N (§7501 et seq.), Nov. 18, 1988, 102 Stat. 4485, 18 U.S.C. § 2251 et seq.) is a United States Act of Congress, and part of the United States Code, which places stringent record-keeping requirements on the producers of actual, sexually explicit materials. The guidelines for enforcing these laws (colloquially known as 2257 Regulations (C.F.R. Part 75)), part of the United States Code of Federal Regulations, require producers of sexually explicit material to attain proof of age for every model they shoot, and keep those records on hand. Federal inspectors may — at any time — launch inspections of these records and prosecute any infraction. This article or section does not adequately cite its references or sources. ...
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The United States Statutes at Large, commonly referred to as the Statutes at Large, is the official source for the laws and resolutions passed by Congress. ...
Title 18 of the US Code deals with Crimes and Criminal Proceedings in five parts: Part I - Crimes Part II - Criminal Procedure Part III - Prisons and Prisoners Part IV - Correction of Youthful Offenders Part V - Immunity of Witnesses Title 18, specifically Part 1 > Chapter 113B > § 2331 and § 2332a(a)), is...
An Act of Vaginapenis is a bill or resolution adopted by both houses of the United States Congress to which one of the following events has happened: Acceptance by the President of the United States, Inaction by the President after ten days from reception (excluding Sundays) while the Congress is...
The United States Code (U.S.C.) is a compilation and codification of the general and permanent federal law of the United States. ...
The Code of Federal Regulations (CFR) is the codification of the general and permanent rules and regulations (sometimes called administrative law) published in the Federal Register by the executive departments and agencies of the Federal Government of the United States. ...
While the statute seemingly excluded from these record-keeping requirements anyone who is involved in activity "which does not involve hiring, contracting for, managing, or otherwise arranging for, the participation of the performers depicted," the Department of Justice (DOJ) defined an entirely new class of producers known as "secondary producers." According to the DOJ, a secondary producer is anyone who "publishes, reproduces, or reissues" explicit material. DOJ headquarters in Washington, D.C. Justice Department redirects here. ...
Allied administrative law (2257 Regulations)
The administrative law that has been created by virtue of the Act to guide and aid its enforcement, 28 C.F.R. 75 (also known as the 2257 Regulations), specifies record-keeping requirements for those wishing to produce sexually explicit media, and imposes criminal penalties for failure to comply. This is intended to ensure that no person under the legal age is involved in such undertakings. Administrative law in the United States often relates to, or arises from, so-called independent agencies- such as the Federal Trade Commission (FTC). Here is FTCs headquarters in Washington D.C. Administrative law (or regulatory law) is the body of law that arises from the activities of administrative agencies...
A business record is a recording of business dealings that must be retrievable at a later date so that the business dealings can be accurately reviewed as required. ...
Sexually explicit material (video, photography, creative writing) presents sexual content without deliberately obscuring or censoring it. ...
Age of consent laws Worldwide While the phrase age of consent typically does not appear in legal statutes,[1] when used with reference to criminal law the age of consent is the minimum age at which a person is considered to be capable of legally giving informed consent to any...
The regulations define the terms "primary producer" and "secondary producer". A primary producer is defined in the set of rules as any person who actually films, videotapes, or photographs a visual depiction of actual sexually explicit conduct. A "secondary producer" is defined as 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. Different record-keeping requirements exist for primary versus secondary producers. One may be both a primary and a secondary producer.
The regulations also spell out requirements for the maintenance, categorization, location, and inspection of records, as well as legal grounds for exemption of these requirements. They require that records be maintained for five years after the dissolution of a business that had been required to maintain them.
The Department of Justice can modify the regulations, based on the discretion, or possible future requirements, that has been given to it to do so by the Act.
Example of disclaimer A disclaimer is typically similar to the following: - 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.
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The Custodian Of Records is a person designated to be responsible for compliance with the terms of the United States Code, Title 18, Section 2257 which regulates the document retention requirements for pornographic films. ...
InterNIC or Internet Network Information Center was the Internet governing body primarily responsible for domain name and IP address allocations until September 18, 1998 when this role was assumed by the ICANN body. ...
Enforcement It is clear there is much sexual material on the Internet and elsewhere that would fall within the terms of this law. These laws and supportive regulations only affect producers of sexually explicit content who reside and produce material within the United States or resell their products within the United States.
At present, the Department of Justice has only implemented one specific case based primarily on the new 2257 laws and its supportive regulations. The case was against Mantra Films, based in Santa Monica, California, and its sister company MRA Holdings (both owned by Joe Francis), who are the originators of the "Girls Gone Wild" video series. Francis and several of his managers were prosecuted, citing infractions of this act. [1] In January 2007, these charges were for the most part dropped.[2] Francis arrested on contempt of court charges in Panama City, Florida on April 10, 2007. ...
However, Francis and the company entered guilty pleas on three counts of failing to keep the required records and seven labeling violations for its series of DVDs and videos before U.S. District Judge Richard Smoak, agreeing to pay $2.1 million in fines and restitution. This allowed Francis to avoid possible harsher penalties which include five years prison time for each violation.
Also in 2006, the FBI began checking the 2257 records of several pornography production companies.[3] The Federal Bureau of Investigation (FBI) is a federal criminal investigative, intelligence agency, and the primary investigative arm of the United States Department of Justice (DOJ). ...
Legal challenges In 1998, a company called Sundance and Associates sued the DOJ. A court later found that the DOJ was not authorized to create the definition of 'secondary producer'. While the DOJ did not strike that language from the regulations per the court’s decision, the DOJ did not launch any inspections.
In 2004, bound by the new PROTECT Act of 2003, the DOJ made sweeping changes to the 2257 Regulations to keep up with the proliferation of sexually explicit material found on the Internet. However, the "secondary producer" language not only remained in the regulations, but the DOJ created a much wider interpretation of who exactly was a "producer" of sexually explicit material and hence was required to comply with the new regulations. Anyone who touched explicit content in any way could arguably be considered a producer and be forced to maintain identification records of models along with a highly complex indexing system that many argue is impossible to implement. Under the current law, anyone who commercially operates a website or releases sexually explicit images of actual humans, regardless of the format (DVD, photos, books, etc.), is subject to penalties that include up to five years in federal prison per each infraction of the regulations. These regulations do not currently apply to explicit drawings (i.e, adult cartoons, hentai) as no actual humans are involved in such production. However the exclusion for such sexually explicit drawings are being confronted with changes to these laws in the recently signed Adam Walsh Child Protection and Safety Act addendum to the adult record-keeping requirements now codified at 18 U.S.C. § 2257A.[4] At this time, though signed into law, the portions of § 2257A which include simulated sex are not enforceable. The PROTECT Act of 2003 authorized fines and/or imprisonment for up to 30 years for U.S. citizens or residents who engage in illicit sexual conduct abroad. ...
This is a list of U.S. federal prisons. ...
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The Adam Walsh Child Protection and Safety Act (Pub. ...
In June 2005, the Free Speech Coalition sued the Department of Justice to enjoin the regulations until they can be challenged in whole in court. In December 2006, a federal judge issued an injunction protecting secondary producers who are members of the Free Speech Coalition, but FBI inspections of these producers are still ongoing despite the injunction.[5] The Free Speech Coalition is a trade association of the pornography and adult entertainment industry in the United States. ...
On March 30, 2007, District Court Judge Walker Miller issued an interim ruling, which dismissed some causes of action and allowed others from the initial 2005 case to proceed in light of the Adam Walsh Act amendments to 18 U.S.C. § 2257.[6] The actual trial phase has not yet begun. March 30 is the 89th day of the year in the Gregorian calendar (90th in leap years). ...
Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era. ...
The United States District Court for the District of Colorado is the Federal district court whose jurisdiction is comprised of the state of Colorado. ...
2257A On July 12th 2007, the Department of Justice issued a preliminary set of addendum record keeping regulations based on the Adam Walsh Act amendments to 18 U.S.C. § 2257 termed as 2257A onto the existing regs at 25 CFR 75.[1] These new regulations are meant to encompass the inclusion of simulated sexual actions that do not actually show explicit sexual contact or fulfillment that were included by the Adam Walsh Act that was signed into law in 2007. These new regulations are pending finalization.
References - ^ 'Girls Gone Wild' producers fined $2.1 million, CNN, 12 September 2006
- ^ Judge Drops Most Charges Against 'Girls Gone Wild' Producer Joe Francis, Associated Press, 5 January 2007
- ^ FBI Visits K-Beech, AVN News, 15 December 2006
- ^ The relevant portion of the bill is Pub. L. 109–248.
- ^ Seeks Halt to 2257 Inspections Following 'Illegal Searches', AVN Online, 17 November 2006
- ^ freespeechcoalition.com, 3 April 2006.
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AVN (Adult Video News) magazine is the standard trade magazine of the pornography industry in the United States. ...
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18 U.S.C. § 2257 Record-keeping software vendors (Alphabetical) |
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