{ "batch": "15-2257-recordkeeping", "articles": [ { "id": "learn_r15_2257_recordkeeping_statute_18usc_2257", "category": "Safety", "title": "[Unverified - being checked] 18 U.S.C. § 2257: federal record-keeping requirements for sexually explicit content", "summary": "[Unverified - being checked] The statute mandates that anyone producing matter containing visual depictions of actual sexually explicit conduct create and maintain individually identifiable records pertaining to every performer portrayed.", "body": "The statute mandates that anyone producing matter containing visual depictions of actual sexually explicit conduct create and maintain individually identifiable records pertaining to every performer portrayed.\n\nWhat United States House of Representatives / US Code actually says:\n\n“Whoever produces any book, magazine, periodical, film, videotape, or other matter which... contains one or more visual depictions made after November 1, 1990 of actual sexually explicit conduct... shall create and maintain individually identifiable records pertaining to every performer portrayed in such a visual depiction”\n\nNote: Core statutory basis for performer record-keeping.", "source_type": "official", "source_link": "https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-1994-title18-section2257", "last_verified": "2026-09-02", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "United States House of Representatives / US Code", "evidence_quote": "Whoever produces any book, magazine, periodical, film, videotape, or other matter which... contains one or more visual depictions made after November 1, 1990 of actual sexually explicit conduct... shall create and maintain individually identifiable records pertaining to every performer portrayed in such a visual depiction", "volatility": "low", "from_batch": "15-2257-recordkeeping", "subject": "18 U.S.C. § 2257", "topic": "federal record-keeping requirements for sexually explicit content", "applies_to_country": "US", "applies_to_scope": "Federal statutory requirement", "tags": { "lane": "any", "stage": "any", "region": [ "us" ], "platform": "any", "topic": [ "unclassified" ], "explicitness": "any" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r15_2257_recordkeeping_regulation_28cfr_75_1", "category": "Safety", "title": "[Unverified - being checked] 28 CFR § 75.1: primary and secondary producer definitions", "summary": "[Unverified - being checked] Primary producers actually film, videotape, photograph, or digitally create explicit depictions, while secondary producers publish, distribute, or manage computer sites containing such content.", "body": "Primary producers actually film, videotape, photograph, or digitally create explicit depictions, while secondary producers publish, distribute, or manage computer sites containing such content.\n\nWhat Electronic Code of Federal Regulations (eCFR) actually says:\n\n“Primary producer is any person who actually films, videotapes, photographs, or creates a digitally- or computer-manipulated image, a digital image, or a picture of, or who digitizes an image of, a visual depiction of an actual human being engaged in actual or simulated sexually explicit conduct.”\n\nNote: Defines producer tiers under 28 CFR Part 75.", "source_type": "official", "source_link": "https://www.ecfr.gov/current/title-28/chapter-I/part-75/section-75.1", "last_verified": "2026-09-02", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "Electronic Code of Federal Regulations (eCFR)", "evidence_quote": "Primary producer is any person who actually films, videotapes, photographs, or creates a digitally- or computer-manipulated image, a digital image, or a picture of, or who digitizes an image of, a visual depiction of an actual human being engaged in actual or simulated sexually explicit conduct.", "volatility": "low", "from_batch": "15-2257-recordkeeping", "subject": "28 CFR § 75.1", "topic": "primary and secondary producer definitions", "applies_to_country": "US", "applies_to_scope": "Federal regulation", "tags": { "lane": "any", "stage": "any", "region": [ "us" ], "platform": "any", "topic": [ "unclassified" ], "explicitness": "any" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r15_2257_recordkeeping_regulation_28cfr_75_2", "category": "Safety", "title": "[Unverified - being checked] 28 CFR § 75.2: maintenance of records, form, and content", "summary": "[Unverified - being checked] Producers must ascertain and record each performer's legal name, date of birth, and all aliases through examination of a valid picture identification card.", "body": "Producers must ascertain and record each performer's legal name, date of birth, and all aliases through examination of a valid picture identification card.\n\nWhat Electronic Code of Federal Regulations (eCFR) actually says:\n\n“The legal name and date of birth of each performer, obtained by the producer's examination of a picture identification card prior to production of the depiction... Any name, other than the performer's legal name, ever used by the performer, including the performer's maiden name, alias, nickname, stage name, or professional name”\n\nNote: Details exact record contents required.", "source_type": "official", "source_link": "https://www.ecfr.gov/current/title-28/chapter-I/part-75/section-75.2", "last_verified": "2026-09-02", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "Electronic Code of Federal Regulations (eCFR)", "evidence_quote": "The legal name and date of birth of each performer, obtained by the producer's examination of a picture identification card prior to production of the depiction... Any name, other than the performer's legal name, ever used by the performer, including the performer's maiden name, alias, nickname, stage name, or professional name", "volatility": "low", "from_batch": "15-2257-recordkeeping", "subject": "28 CFR § 75.2", "topic": "maintenance of records, form, and content", "applies_to_country": "US", "applies_to_scope": "Federal regulation", "tags": { "lane": "any", "stage": "any", "region": [ "us" ], "platform": "any", "topic": [ "unclassified" ], "explicitness": "any" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "thin_body", "source_unverifiable:fetch_failed:budget" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r15_2257_recordkeeping_2257_producer_scope", "category": "Safety", "title": "[Unverified - being checked] 18 U.S.C. 2257: Who must create records", "summary": "[Unverified - being checked] Any person who produces matter containing visual depictions of actual sexually explicit conduct made after November 1, 1990, produced in whole or in part with materials mailed or shipped in interstate or foreign commerce or intended for such shipment, must create and maintain individually identifiable records for every performer portrayed.", "body": "Any person who produces matter containing visual depictions of actual sexually explicit conduct made after November 1, 1990, produced in whole or in part with materials mailed or shipped in interstate or foreign commerce or intended for such shipment, must create and maintain individually identifiable records for every performer portrayed.\n\nWhat U.S. Government Publishing Office (govinfo.gov) actually says:\n\n“(a) Whoever produces any book, magazine, periodical, film, videotape, digital image, digitally- or computer-manipulated image of an actual human being, picture, or other matter which— (1) contains one or more visual depictions made after November 1, 1990 of actual sexually explicit conduct; and (2) is produced in whole or in part with materials which have been mailed or shipped in interstate or foreign commerce, or is shipped or transported or is intended for shipment or transportation in interstate or foreign commerce; shall create and maintain individually identifiable records pertaining to every performer portrayed in such a visual depiction.”\n\nNote: Full text of 18 U.S.C. §2257(a) read from govinfo.gov 2023 edition.", "source_type": "official", "source_link": "https://www.govinfo.gov/content/pkg/USCODE-2023-title18/html/USCODE-2023-title18-partI-chap110-sec2257.htm", "last_verified": "2026-09-11", "reliability": "VERIFIED RULE", "source_tier": "A", "source_publisher": "U.S. Government Publishing Office (govinfo.gov)", "evidence_quote": "(a) Whoever produces any book, magazine, periodical, film, videotape, digital image, digitally- or computer-manipulated image of an actual human being, picture, or other matter which— (1) contains one or more visual depictions made after November 1, 1990 of actual sexually explicit conduct; and (2) is produced in whole or in part with materials which have been mailed or shipped in interstate or foreign commerce, or is shipped or transported or is intended for shipment or transportation in interstate or foreign commerce; shall create and maintain individually identifiable records pertaining to every performer portrayed in such a visual depiction.", "volatility": "low", "from_batch": "15-2257-recordkeeping", "subject": "18 U.S.C. 2257", "topic": "Who must create records", "applies_to_country": "US", "tags": { "lane": "any", "stage": "any", "region": [ "us" ], "platform": "any", "topic": [ "unclassified" ], "explicitness": "any" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r15_2257_recordkeeping_2257_performer_id_verification", "category": "Safety", "title": "[Unverified - being checked] 18 U.S.C. 2257: Performer age and identity verification requirement", "summary": "[Unverified - being checked] The producer must ascertain the performer's name and date of birth by examining an identification document containing that information, and require the performer to provide other identity indicia as prescribed by regulation.", "body": "The producer must ascertain the performer's name and date of birth by examining an identification document containing that information, and require the performer to provide other identity indicia as prescribed by regulation.\n\nWhat U.S. Government Publishing Office (govinfo.gov) actually says:\n\n“(b) Any person to whom subsection (a) applies shall, with respect to every performer portrayed in a visual depiction of actual sexually explicit conduct— (1) ascertain, by examination of an identification document containing such information, the performer's name and date of birth, and require the performer to provide such other indicia of his or her identity as may be prescribed by regulations;”\n\nNote: Section 2257(b)(1) — statutory text.", "source_type": "official", "source_link": "https://www.govinfo.gov/content/pkg/USCODE-2023-title18/html/USCODE-2023-title18-partI-chap110-sec2257.htm", "last_verified": "2026-09-11", "reliability": "VERIFIED RULE", "source_tier": "A", "source_publisher": "U.S. Government Publishing Office (govinfo.gov)", "evidence_quote": "(b) Any person to whom subsection (a) applies shall, with respect to every performer portrayed in a visual depiction of actual sexually explicit conduct— (1) ascertain, by examination of an identification document containing such information, the performer's name and date of birth, and require the performer to provide such other indicia of his or her identity as may be prescribed by regulations;", "volatility": "low", "from_batch": "15-2257-recordkeeping", "subject": "18 U.S.C. 2257", "topic": "Performer age and identity verification requirement", "applies_to_country": "US", "tags": { "lane": "any", "stage": "any", "region": [ "us" ], "platform": "any", "topic": [ "unclassified" ], "explicitness": "any" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "thin_body", "source_unverifiable:fetch_failed:budget" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r15_2257_recordkeeping_2257_all_aliases_recorded", "category": "Safety", "title": "[Unverified - being checked] 18 U.S.C. 2257: Alias and name recording requirement", "summary": "[Unverified - being checked] The producer must ascertain 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, and record it.", "body": "The producer must ascertain 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, and record it.\n\nWhat U.S. Government Publishing Office (govinfo.gov) actually says:\n\n“(b) Any person to whom subsection (a) applies shall, with respect to every performer portrayed in a visual depiction of actual sexually explicit conduct— (2) ascertain 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; and (3) record in the records required by subsection (a) the information required by paragraphs (1) and (2) of this subsection and such other identifying information as may be prescribed by regulation.”\n\nNote: Section 2257(b)(2)-(3).", "source_type": "official", "source_link": "https://www.govinfo.gov/content/pkg/USCODE-2023-title18/html/USCODE-2023-title18-partI-chap110-sec2257.htm", "last_verified": "2026-09-11", "reliability": "VERIFIED RULE", "source_tier": "A", "source_publisher": "U.S. Government Publishing Office (govinfo.gov)", "evidence_quote": "(b) Any person to whom subsection (a) applies shall, with respect to every performer portrayed in a visual depiction of actual sexually explicit conduct— (2) ascertain 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; and (3) record in the records required by subsection (a) the information required by paragraphs (1) and (2) of this subsection and such other identifying information as may be prescribed by regulation.", "volatility": "low", "from_batch": "15-2257-recordkeeping", "subject": "18 U.S.C. 2257", "topic": "Alias and name recording requirement", "applies_to_country": "US", "tags": { "lane": "any", "stage": "any", "region": [ "us" ], "platform": "any", "topic": [ "unclassified" ], "explicitness": "any" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "thin_body", "source_unverifiable:fetch_failed:budget" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r15_2257_recordkeeping_2257_record_location", "category": "Safety", "title": "[Unverified - being checked] 18 U.S.C. 2257: Where records must be kept", "summary": "[Unverified - being checked] Records must be maintained at the producer's business premises, or at such other place as the Attorney General may by regulation prescribe, and made available to the Attorney General for inspection at all reasonable times.", "body": "Records must be maintained at the producer's business premises, or at such other place as the Attorney General may by regulation prescribe, and made available to the Attorney General for inspection at all reasonable times.\n\nWhat U.S. Government Publishing Office (govinfo.gov) actually says:\n\n“(c) Any person to whom subsection (a) applies shall maintain the records required by this section at his business premises, or at such other place as the Attorney General may by regulation prescribe and shall make such records available to the Attorney General for inspection at all reasonable times.”\n\nNote: Section 2257(c).", "source_type": "official", "source_link": "https://www.govinfo.gov/content/pkg/USCODE-2023-title18/html/USCODE-2023-title18-partI-chap110-sec2257.htm", "last_verified": "2026-09-11", "reliability": "VERIFIED RULE", "source_tier": "A", "source_publisher": "U.S. Government Publishing Office (govinfo.gov)", "evidence_quote": "(c) Any person to whom subsection (a) applies shall maintain the records required by this section at his business premises, or at such other place as the Attorney General may by regulation prescribe and shall make such records available to the Attorney General for inspection at all reasonable times.", "volatility": "low", "from_batch": "15-2257-recordkeeping", "subject": "18 U.S.C. 2257", "topic": "Where records must be kept", "applies_to_country": "US", "tags": { "lane": "any", "stage": "any", "region": [ "us" ], "platform": "any", "topic": [ "unclassified" ], "explicitness": "any" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "thin_body", "source_unverifiable:fetch_failed:budget" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r15_2257_recordkeeping_2257_labeling_statement", "category": "Safety", "title": "[Unverified - being checked] 18 U.S.C. 2257: Labeling statement required on every copy", "summary": "[Unverified - being checked] The producer must affix to every copy of covered matter a statement describing where the records for all performers depicted in that copy may be located; 'copy' includes every page of a website on which the matter appears.", "body": "The producer must affix to every copy of covered matter a statement describing where the records for all performers depicted in that copy may be located; 'copy' includes every page of a website on which the matter appears.\n\nWhat U.S. Government Publishing Office (govinfo.gov) actually says:\n\n“(e)(1) Any person to whom subsection (a) applies shall cause to be affixed to every copy of any matter described in paragraph (1) of subsection (a) of this section, in such manner and in such form as the Attorney General shall by regulations prescribe, a statement describing where the records required by this section with respect to all performers depicted in that copy of the matter may be located. In this paragraph, the term \"copy\" includes every page of a website on which matter described in subsection (a) appears.”\n\nNote: Section 2257(e)(1).", "source_type": "official", "source_link": "https://www.govinfo.gov/content/pkg/USCODE-2023-title18/html/USCODE-2023-title18-partI-chap110-sec2257.htm", "last_verified": "2026-09-11", "reliability": "VERIFIED RULE", "source_tier": "A", "source_publisher": "U.S. Government Publishing Office (govinfo.gov)", "evidence_quote": "(e)(1) Any person to whom subsection (a) applies shall cause to be affixed to every copy of any matter described in paragraph (1) of subsection (a) of this section, in such manner and in such form as the Attorney General shall by regulations prescribe, a statement describing where the records required by this section with respect to all performers depicted in that copy of the matter may be located. In this paragraph, the term \"copy\" includes every page of a website on which matter described in subsection (a) appears.", "volatility": "low", "from_batch": "15-2257-recordkeeping", "subject": "18 U.S.C. 2257", "topic": "Labeling statement required on every copy", "applies_to_country": "US", "tags": { "lane": "any", "stage": "any", "region": [ "us" ], "platform": "any", "topic": [ "unclassified" ], "explicitness": "any" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "thin_body", "source_unverifiable:fetch_failed:budget" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r15_2257_recordkeeping_2257_org_labeling_custodian", "category": "Safety", "title": "18 U.S.C. 2257: Organization labeling statement must name custodian of records", "summary": "If the producer is an organization, the labeling statement must include the name, title, and business address of the individual employed by the organization responsible for maintaining the records.", "body": "If the producer is an organization, the labeling statement must include the name, title, and business address of the individual employed by the organization responsible for maintaining the records.\n\nWhat U.S. Government Publishing Office (govinfo.gov) actually says:\n\n“(e)(2) If the person to whom subsection (a) of this section applies is an organization the statement required by this subsection shall include the name, title, and business address of the individual employed by such organization responsible for maintaining the records required by this section.”\n\nNote: Section 2257(e)(2).", "source_type": "official", "source_link": "https://www.govinfo.gov/content/pkg/USCODE-2023-title18/html/USCODE-2023-title18-partI-chap110-sec2257.htm", "last_verified": "2026-09-11", "reliability": "VERIFIED RULE", "source_tier": "A", "source_publisher": "U.S. Government Publishing Office (govinfo.gov)", "evidence_quote": "(e)(2) If the person to whom subsection (a) of this section applies is an organization the statement required by this subsection shall include the name, title, and business address of the individual employed by such organization responsible for maintaining the records required by this section.", "volatility": "low", "from_batch": "15-2257-recordkeeping", "subject": "18 U.S.C. 2257", "topic": "Organization labeling statement must name custodian of records", "applies_to_country": "US", "tags": { "lane": "any", "stage": "any", "region": [ "us" ], "platform": "any", "topic": [ "unclassified" ], "explicitness": "any" } }, { "id": "learn_r15_2257_recordkeeping_2257_evidence_protection", "category": "Safety", "title": "18 U.S.C. 2257: Use-immunity for records", "summary": "Information or evidence obtained from records required by 2257 shall not directly or indirectly be used as evidence against any person with respect to any violation of law, except for violations of chapters 110 or 71 of title 18, or for furnishing false information.", "body": "Information or evidence obtained from records required by 2257 shall not directly or indirectly be used as evidence against any person with respect to any violation of law, except for violations of chapters 110 or 71 of title 18, or for furnishing false information.\n\nWhat U.S. Government Publishing Office (govinfo.gov) actually says:\n\n“(d)(1) No information or evidence obtained from records required to be created or maintained by this section shall, except as provided in this section, directly or indirectly, be used as evidence against any person with respect to any violation of law. (2) Paragraph (1) of this subsection shall not preclude the use of such information or evidence in a prosecution or other action for a violation of this chapter or chapter 71, or for a violation of any applicable provision of law with respect to the furnishing of false information.”\n\nNote: Section 2257(d)(1)-(2).", "source_type": "official", "source_link": "https://www.govinfo.gov/content/pkg/USCODE-2023-title18/html/USCODE-2023-title18-partI-chap110-sec2257.htm", "last_verified": "2026-09-11", "reliability": "VERIFIED RULE", "source_tier": "A", "source_publisher": "U.S. Government Publishing Office (govinfo.gov)", "evidence_quote": "(d)(1) No information or evidence obtained from records required to be created or maintained by this section shall, except as provided in this section, directly or indirectly, be used as evidence against any person with respect to any violation of law. (2) Paragraph (1) of this subsection shall not preclude the use of such information or evidence in a prosecution or other action for a violation of this chapter or chapter 71, or for a violation of any applicable provision of law with respect to the furnishing of false information.", "volatility": "low", "from_batch": "15-2257-recordkeeping", "subject": "18 U.S.C. 2257", "topic": "Use-immunity for records", "applies_to_country": "US", "tags": { "lane": "any", "stage": "any", "region": [ "us" ], "platform": "any", "topic": [ "unclassified" ], "explicitness": "any" } }, { "id": "learn_r15_2257_recordkeeping_2257_penalties", "category": "Safety", "title": "[Unverified - being checked] 18 U.S.C. 2257: Criminal penalties", "summary": "[Unverified - being checked] A first violation of 2257 carries imprisonment of not more than 5 years plus a fine; a subsequent violation carries imprisonment of not less than 2 years but not more than 10 years plus a fine.", "body": "A first violation of 2257 carries imprisonment of not more than 5 years plus a fine; a subsequent violation carries imprisonment of not less than 2 years but not more than 10 years plus a fine.\n\nWhat U.S. Government Publishing Office (govinfo.gov) actually says:\n\n“(i) Whoever violates this section shall be imprisoned for not more than 5 years, and fined in accordance with the provisions of this title, or both. Whoever violates this section after having been convicted of a violation punishable under this section shall be imprisoned for any period of years not more than 10 years but not less than 2 years, and fined in accordance with the provisions of this title, or both.”\n\nNote: Section 2257(i). Penalties amended by PROTECT Act of 2003 (Pub. L. 108-21, §511(a)(3)).", "source_type": "official", "source_link": "https://www.govinfo.gov/content/pkg/USCODE-2023-title18/html/USCODE-2023-title18-partI-chap110-sec2257.htm", "last_verified": "2026-09-11", "reliability": "VERIFIED RULE", "source_tier": "A", "source_publisher": "U.S. Government Publishing Office (govinfo.gov)", "evidence_quote": "(i) Whoever violates this section shall be imprisoned for not more than 5 years, and fined in accordance with the provisions of this title, or both. Whoever violates this section after having been convicted of a violation punishable under this section shall be imprisoned for any period of years not more than 10 years but not less than 2 years, and fined in accordance with the provisions of this title, or both.", "volatility": "low", "from_batch": "15-2257-recordkeeping", "subject": "18 U.S.C. 2257", "topic": "Criminal penalties", "applies_to_country": "US", "tags": { "lane": "any", "stage": "any", "region": [ "us" ], "platform": "any", "topic": [ "unclassified" ], "explicitness": "any" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r15_2257_recordkeeping_2257_definition_produces", "category": "Safety", "title": "[Unverified - being checked] 18 U.S.C. 2257: Statutory definition of 'produces'", "summary": "[Unverified - being checked] The term 'produces' means actually filming, videotaping, photographing, or creating a digital or computer-manipulated image of an actual human being; digitizing a sexually explicit image; assembling, manufacturing, publishing, duplicating, reproducing, or reissuing matter intended for commercial distribution containing a sexually explicit depiction; or inserting or managing sexually explicit content on a computer site or service; but does not include photo/film processing, distribution, any activity not involving hiring or arranging for performers, telecommunications/internet access services, or transmission/storage/hosting without selection or alteration of content.", "body": "The term 'produces' means actually filming, videotaping, photographing, or creating a digital or computer-manipulated image of an actual human being; digitizing a sexually explicit image; assembling, manufacturing, publishing, duplicating, reproducing, or reissuing matter intended for commercial distribution containing a sexually explicit depiction; or inserting or managing sexually explicit content on a computer site or service; but does not include photo/film processing, distribution, any activity not involving hiring or arranging for performers, telecommunications/internet access services, or transmission/storage/hosting without selection or alteration of content.\n\nWhat U.S. Government Publishing Office (govinfo.gov) actually says:\n\n“(h) In this section— (2) the term \"produces\"— (A) means— (i) actually filming, videotaping, photographing, creating a picture, digital image, or digitally- or computer-manipulated image of an actual human being; (ii) digitizing an image, of a visual depiction of sexually explicit conduct; or, assembling, manufacturing, publishing, duplicating, reproducing, or reissuing a book, magazine, periodical, film, videotape, digital image, or picture, or other matter intended for commercial distribution, that contains a visual depiction of sexually explicit conduct; or (iii) inserting on a computer site or service a digital image of, or otherwise managing the sexually explicit content, of a computer site or service that contains a visual depiction of, sexually explicit conduct; and (B) does not include activities that are limited to— (i) photo or film processing, including digitization of previously existing visual depictions, as part of a commercial enterprise, with no other commercial interest in the sexually explicit material, printing, and video duplication; (ii) distribution; (iii) any activity, other than those activities identified in subparagraph (A), that does not involve the hiring, contracting for, managing, or otherwise arranging for the participation of the depicted performers; (iv) the provision of a telecommunications service, or of an Internet access service or Internet information location tool (as those terms are defined in section 231 of the Communications Act of 1934 (47 U.S.C. 231)); or (v) the transmission, storage, retrieval, hosting, formatting, or translation (or any combination thereof) of a communication, without selection or alteration of the content of the communication, except that deletion of a particular communication or material made by another person in a manner consistent with section 230(c) of the Communications Act of 1934 (47 U.S.C. 230(c)) shall not constitute such selection or alteration of the content of the communication;”\n\nNote: Section 2257(h)(2). 2006 Adam Walsh Act amendments added subclauses (ii) and (iii) of (h)(2)(A) and restructured (h)(2)(B).", "source_type": "official", "source_link": "https://www.govinfo.gov/content/pkg/USCODE-2023-title18/html/USCODE-2023-title18-partI-chap110-sec2257.htm", "last_verified": "2026-09-11", "reliability": "VERIFIED RULE", "source_tier": "A", "source_publisher": "U.S. Government Publishing Office (govinfo.gov)", "evidence_quote": "(h) In this section— (2) the term \"produces\"— (A) means— (i) actually filming, videotaping, photographing, creating a picture, digital image, or digitally- or computer-manipulated image of an actual human being; (ii) digitizing an image, of a visual depiction of sexually explicit conduct; or, assembling, manufacturing, publishing, duplicating, reproducing, or reissuing a book, magazine, periodical, film, videotape, digital image, or picture, or other matter intended for commercial distribution, that contains a visual depiction of sexually explicit conduct; or (iii) inserting on a computer site or service a digital image of, or otherwise managing the sexually explicit content, of a computer site or service that contains a visual depiction of, sexually explicit conduct; and (B) does not include activities that are limited to— (i) photo or film processing, including digitization of previously existing visual depictions, as part of a commercial enterprise, with no other commercial interest in the sexually explicit material, printing, and video duplication; (ii) distribution; (iii) any activity, other than those activities identified in subparagraph (A), that does not involve the hiring, contracting for, managing, or otherwise arranging for the participation of the depicted performers; (iv) the provision of a telecommunications service, or of an Internet access service or Internet information location tool (as those terms are defined in section 231 of the Communications Act of 1934 (47 U.S.C. 231)); or (v) the transmission, storage, retrieval, hosting, formatting, or translation (or any combination thereof) of a communication, without selection or alteration of the content of the communication, except that deletion of a particular communication or material made by another person in a manner consistent with section 230(c) of the Communications Act of 1934 (47 U.S.C. 230(c)) shall not constitute such selection or alteration of the content of the communication;", "volatility": "low", "from_batch": "15-2257-recordkeeping", "subject": "18 U.S.C. 2257", "topic": "Statutory definition of 'produces'", "applies_to_country": "US", "tags": { "lane": "any", "stage": "any", "region": [ "us" ], "platform": "any", "topic": [ "unclassified" ], "explicitness": "any" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r15_2257_recordkeeping_2257_unlawful_labeling_transfer", "category": "Safety", "title": "18 U.S.C. 2257: It is unlawful to transfer matter lacking the labeling statement", "summary": "It is unlawful for any person knowingly to sell, transfer, or offer for sale or transfer any covered matter that does not have affixed the required statement describing where records may be located; the transferring person has no duty to determine the accuracy of the statement or records.", "body": "It is unlawful for any person knowingly to sell, transfer, or offer for sale or transfer any covered matter that does not have affixed the required statement describing where records may be located; the transferring person has no duty to determine the accuracy of the statement or records.\n\nWhat U.S. Government Publishing Office (govinfo.gov) actually says:\n\n“(f) It shall be unlawful— (4) for any person knowingly to sell or otherwise transfer, or offer for sale or transfer, any book, magazine, periodical, film, video, or other matter, produce in whole or in part with materials which have been mailed or shipped in interstate or foreign commerce or which is intended for shipment in interstate or foreign commerce, which— (A) contains one or more visual depictions made after the effective date of this subsection of actual sexually explicit conduct; and (B) is produced in whole or in part with materials which have been mailed or shipped in interstate or foreign commerce, or is shipped or transported or is intended for shipment or transportation in interstate or foreign commerce; which does not have affixed thereto, in a manner prescribed as set forth in subsection (e)(1), a statement describing where the records required by this section may be located, but such person shall have no duty to determine the accuracy of the contents of the statement or the records required to be kept;”\n\nNote: Section 2257(f)(4).", "source_type": "official", "source_link": "https://www.govinfo.gov/content/pkg/USCODE-2023-title18/html/USCODE-2023-title18-partI-chap110-sec2257.htm", "last_verified": "2026-09-11", "reliability": "VERIFIED RULE", "source_tier": "A", "source_publisher": "U.S. Government Publishing Office (govinfo.gov)", "evidence_quote": "(f) It shall be unlawful— (4) for any person knowingly to sell or otherwise transfer, or offer for sale or transfer, any book, magazine, periodical, film, video, or other matter, produce in whole or in part with materials which have been mailed or shipped in interstate or foreign commerce or which is intended for shipment in interstate or foreign commerce, which— (A) contains one or more visual depictions made after the effective date of this subsection of actual sexually explicit conduct; and (B) is produced in whole or in part with materials which have been mailed or shipped in interstate or foreign commerce, or is shipped or transported or is intended for shipment or transportation in interstate or foreign commerce; which does not have affixed thereto, in a manner prescribed as set forth in subsection (e)(1), a statement describing where the records required by this section may be located, but such person shall have no duty to determine the accuracy of the contents of the statement or the records required to be kept;", "volatility": "low", "from_batch": "15-2257-recordkeeping", "subject": "18 U.S.C. 2257", "topic": "It is unlawful to transfer matter lacking the labeling statement", "applies_to_country": "US", "tags": { "lane": "any", "stage": "any", "region": [ "us" ], "platform": "any", "topic": [ "unclassified" ], "explicitness": "any" } }, { "id": "learn_r15_2257_recordkeeping_2257_refusal_inspection_unlawful", "category": "Safety", "title": "18 U.S.C. 2257: Refusal of inspection is unlawful", "summary": "It is unlawful for any person subject to 2257 to refuse to permit the Attorney General or designee to conduct an inspection under subsection (c).", "body": "It is unlawful for any person subject to 2257 to refuse to permit the Attorney General or designee to conduct an inspection under subsection (c).\n\nWhat U.S. Government Publishing Office (govinfo.gov) actually says:\n\n“(f) It shall be unlawful— (5) for any person to whom subsection (a) applies to refuse to permit the Attorney General or his or her designee to conduct an inspection under subsection (c).”\n\nNote: Section 2257(f)(5), added by Adam Walsh Act of 2006 (Pub. L. 109-248, §502(a)(3)).", "source_type": "official", "source_link": "https://www.govinfo.gov/content/pkg/USCODE-2023-title18/html/USCODE-2023-title18-partI-chap110-sec2257.htm", "last_verified": "2026-09-11", "reliability": "VERIFIED RULE", "source_tier": "A", "source_publisher": "U.S. Government Publishing Office (govinfo.gov)", "evidence_quote": "(f) It shall be unlawful— (5) for any person to whom subsection (a) applies to refuse to permit the Attorney General or his or her designee to conduct an inspection under subsection (c).", "volatility": "low", "from_batch": "15-2257-recordkeeping", "subject": "18 U.S.C. 2257", "topic": "Refusal of inspection is unlawful", "applies_to_country": "US", "tags": { "lane": "any", "stage": "any", "region": [ "us" ], "platform": "any", "topic": [ "unclassified" ], "explicitness": "any" } }, { "id": "learn_r15_2257_recordkeeping_2257a_scope_simulated", "category": "Safety", "title": "2257A extends recordkeeping to simulated sexually explicit conduct", "summary": "Section 2257A requires the same recordkeeping obligations as 2257 for any person who produces matter containing visual depictions of simulated sexually explicit conduct produced in whole or in part with materials mailed or shipped in interstate or foreign commerce.", "body": "Section 2257A requires the same recordkeeping obligations as 2257 for any person who produces matter containing visual depictions of simulated sexually explicit conduct produced in whole or in part with materials mailed or shipped in interstate or foreign commerce.\n\nWhat U.S. Government Publishing Office (govinfo.gov) actually says:\n\n“(a) Whoever produces any book, magazine, periodical, film, videotape, digital image, digitally- or computer-manipulated image of an actual human being, picture, or other matter that— (1) contains 1 or more visual depictions of simulated sexually explicit conduct; and (2) is produced in whole or in part with materials which have been mailed or shipped in interstate or foreign commerce, or is shipped or transported or is intended for shipment or transportation in interstate or foreign commerce; shall create and maintain individually identifiable records pertaining to every performer portrayed in such a visual depiction.”\n\nNote: Section 2257A(a), added by Adam Walsh Act of 2006 (Pub. L. 109-248, §503(a)).", "source_type": "official", "source_link": "https://www.govinfo.gov/content/pkg/USCODE-2023-title18/html/USCODE-2023-title18-partI-chap110-sec2257A.htm", "last_verified": "2026-09-11", "reliability": "VERIFIED RULE", "source_tier": "A", "source_publisher": "U.S. Government Publishing Office (govinfo.gov)", "evidence_quote": "(a) Whoever produces any book, magazine, periodical, film, videotape, digital image, digitally- or computer-manipulated image of an actual human being, picture, or other matter that— (1) contains 1 or more visual depictions of simulated sexually explicit conduct; and (2) is produced in whole or in part with materials which have been mailed or shipped in interstate or foreign commerce, or is shipped or transported or is intended for shipment or transportation in interstate or foreign commerce; shall create and maintain individually identifiable records pertaining to every performer portrayed in such a visual depiction.", "volatility": "low", "from_batch": "15-2257-recordkeeping", "subject": "18 U.S.C. 2257A", "topic": "2257A extends recordkeeping to simulated sexually explicit conduct", "applies_to_country": "US", "tags": { "lane": "any", "stage": "any", "region": [ "us" ], "platform": "any", "topic": [ "unclassified" ], "explicitness": "any" } }, { "id": "learn_r15_2257_recordkeeping_2257a_penalties", "category": "Safety", "title": "Criminal penalties for 2257A violations", "summary": "A first 2257A violation carries imprisonment of not more than 1 year; a violation committed to conceal a child sexual exploitation or trafficking offense carries not more than 5 years; a subsequent violation of the enhanced penalty carries not less than 2 years but not more than 10 years.", "body": "A first 2257A violation carries imprisonment of not more than 1 year; a violation committed to conceal a child sexual exploitation or trafficking offense carries not more than 5 years; a subsequent violation of the enhanced penalty carries not less than 2 years but not more than 10 years.\n\nWhat U.S. Government Publishing Office (govinfo.gov) actually says:\n\n“(i)(1) Whoever violates this section shall be imprisoned for not more than 1 year, and fined in accordance with the provisions of this title, or both. (2) Whoever violates this section in an effort to conceal a substantive offense involving the causing, transporting, permitting or offering or seeking by notice or advertisement, a minor to engage in sexually explicit conduct for the purpose of producing a visual depiction of such conduct in violation of this title, or to conceal a substantive offense that involved trafficking in material involving the sexual exploitation of a minor, including receiving, transporting, advertising, or possessing material involving the sexual exploitation of a minor with intent to traffic, in violation of this title, shall be imprisoned for not more than 5 years and fined in accordance with the provisions of this title, or both. (3) Whoever violates paragraph (2) after having been previously convicted of a violation punishable under that paragraph shall be imprisoned for any period of years not more than 10 years but not less than 2 years, and fined in accordance with the provisions of this title, or both.”\n\nNote: Section 2257A(i)(1)-(3).", "source_type": "official", "source_link": "https://www.govinfo.gov/content/pkg/USCODE-2023-title18/html/USCODE-2023-title18-partI-chap110-sec2257A.htm", "last_verified": "2026-09-11", "reliability": "VERIFIED RULE", "source_tier": "A", "source_publisher": "U.S. Government Publishing Office (govinfo.gov)", "evidence_quote": "(i)(1) Whoever violates this section shall be imprisoned for not more than 1 year, and fined in accordance with the provisions of this title, or both. (2) Whoever violates this section in an effort to conceal a substantive offense involving the causing, transporting, permitting or offering or seeking by notice or advertisement, a minor to engage in sexually explicit conduct for the purpose of producing a visual depiction of such conduct in violation of this title, or to conceal a substantive offense that involved trafficking in material involving the sexual exploitation of a minor, including receiving, transporting, advertising, or possessing material involving the sexual exploitation of a minor with intent to traffic, in violation of this title, shall be imprisoned for not more than 5 years and fined in accordance with the provisions of this title, or both. (3) Whoever violates paragraph (2) after having been previously convicted of a violation punishable under that paragraph shall be imprisoned for any period of years not more than 10 years but not less than 2 years, and fined in accordance with the provisions of this title, or both.", "volatility": "low", "from_batch": "15-2257-recordkeeping", "subject": "18 U.S.C. 2257A", "topic": "Criminal penalties for 2257A violations", "applies_to_country": "US", "tags": { "lane": "any", "stage": "any", "region": [ "us" ], "platform": "any", "topic": [ "unclassified" ], "explicitness": "any" } }, { "id": "learn_r15_2257_recordkeeping_2257a_exemption_certification", "category": "Safety", "title": "[Unverified - being checked] Certification exemption from 2257A recordkeeping", "summary": "[Unverified - being checked] 2257A recordkeeping requirements do not apply to matter containing simulated sexually explicit conduct (or actual conduct under clause (v) of §2256(2)(A)) if: (A)(i) the matter is intended for commercial distribution, (ii) created as part of a commercial enterprise by a person who certifies to the Attorney General that they regularly collect and maintain individually identifiable information on all performers including name, address, and date of birth, and (iii) the matter is not produced, marketed, or made available such that an ordinary person would conclude it contains child pornography; or (B)(i) the matter is subject to FCC regulation and (ii) created by a person who makes the same certification.", "body": "2257A recordkeeping requirements do not apply to matter containing simulated sexually explicit conduct (or actual conduct under clause (v) of §2256(2)(A)) if: (A)(i) the matter is intended for commercial distribution, (ii) created as part of a commercial enterprise by a person who certifies to the Attorney General that they regularly collect and maintain individually identifiable information on all performers including name, address, and date of birth, and (iii) the matter is not produced, marketed, or made available such that an ordinary person would conclude it contains child pornography; or (B)(i) the matter is subject to FCC regulation and (ii) created by a person who makes the same certification.\n\nWhat U.S. Government Publishing Office (govinfo.gov) actually says:\n\n“(h)(1) The provisions of this section and section 2257 shall not apply to matter, or any image therein, containing one or more visual depictions of simulated sexually explicit conduct, or actual sexually explicit conduct as described in clause (v) of section 2256(2)(A), if such matter— (A)(i) is intended for commercial distribution; (ii) is created as a part of a commercial enterprise by a person who certifies to the Attorney General that such person regularly and in the normal course of business collects and maintains individually identifiable information regarding all performers, including minor performers, employed by that person, pursuant to Federal and State tax, labor, and other laws, labor agreements, or otherwise pursuant to industry standards, where such information includes the name, address, and date of birth of the performer; and (iii) is not produced, marketed or made available by the person described in clause (ii) to another in circumstances such than an ordinary person would conclude that the matter contains a visual depiction that is child pornography as defined in section 2256(8); or (B)(i) is subject to the authority and regulation of the Federal Communications Commission acting in its capacity to enforce section 1464 of this title, regarding the broadcast of obscene, indecent or profane programming; and (ii) is created as a part of a commercial enterprise by a person who certifies to the Attorney General that such person regularly and in the normal course of business collects and maintains individually identifiable information regarding all performers, including minor performers, employed by that person, pursuant to Federal and State tax, labor, and other laws, labor agreements, or otherwise pursuant to industry standards, where such information includes the name, address, and date of birth of the performer.”\n\nNote: Section 2257A(h)(1). Note the clause (A)(iii) contains a typo 'such than' in the official text; likely intended to read 'such that'. The subsection also notes the provisions shall not apply to matter produced prior to the effective date of the section.", "source_type": "official", "source_link": "https://www.govinfo.gov/content/pkg/USCODE-2023-title18/html/USCODE-2023-title18-partI-chap110-sec2257A.htm", "last_verified": "2026-09-11", "reliability": "VERIFIED RULE", "source_tier": "A", "source_publisher": "U.S. Government Publishing Office (govinfo.gov)", "evidence_quote": "(h)(1) The provisions of this section and section 2257 shall not apply to matter, or any image therein, containing one or more visual depictions of simulated sexually explicit conduct, or actual sexually explicit conduct as described in clause (v) of section 2256(2)(A), if such matter— (A)(i) is intended for commercial distribution; (ii) is created as a part of a commercial enterprise by a person who certifies to the Attorney General that such person regularly and in the normal course of business collects and maintains individually identifiable information regarding all performers, including minor performers, employed by that person, pursuant to Federal and State tax, labor, and other laws, labor agreements, or otherwise pursuant to industry standards, where such information includes the name, address, and date of birth of the performer; and (iii) is not produced, marketed or made available by the person described in clause (ii) to another in circumstances such than an ordinary person would conclude that the matter contains a visual depiction that is child pornography as defined in section 2256(8); or (B)(i) is subject to the authority and regulation of the Federal Communications Commission acting in its capacity to enforce section 1464 of this title, regarding the broadcast of obscene, indecent or profane programming; and (ii) is created as a part of a commercial enterprise by a person who certifies to the Attorney General that such person regularly and in the normal course of business collects and maintains individually identifiable information regarding all performers, including minor performers, employed by that person, pursuant to Federal and State tax, labor, and other laws, labor agreements, or otherwise pursuant to industry standards, where such information includes the name, address, and date of birth of the performer.", "volatility": "low", "from_batch": "15-2257-recordkeeping", "subject": "18 U.S.C. 2257A", "topic": "Certification exemption from 2257A recordkeeping", "applies_to_country": "US", "tags": { "lane": "any", "stage": "any", "region": [ "us" ], "platform": "any", "topic": [ "unclassified" ], "explicitness": "any" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r15_2257_recordkeeping_2257a_child_pornography_not_exempt", "category": "Safety", "title": "18 U.S.C. 2257A: Certification exemption does not cover child pornography", "summary": "Nothing in the 2257A certification exemption exempts any matter that contains a visual depiction that is child pornography as defined in §2256(8), or is actual sexually explicit conduct as defined in clauses (i) through (iv) of §2256(2)(A).", "body": "Nothing in the 2257A certification exemption exempts any matter that contains a visual depiction that is child pornography as defined in §2256(8), or is actual sexually explicit conduct as defined in clauses (i) through (iv) of §2256(2)(A).\n\nWhat U.S. Government Publishing Office (govinfo.gov) actually says:\n\n“(2) Nothing in subparagraphs (A) and (B) of paragraph (1) shall be construed to exempt any matter that contains any visual depiction that is child pornography, as defined in section 2256(8), or is actual sexually explicit conduct within the definitions in clauses (i) through (iv) of section 2256(2)(A).”\n\nNote: Section 2257A(h)(2).", "source_type": "official", "source_link": "https://www.govinfo.gov/content/pkg/USCODE-2023-title18/html/USCODE-2023-title18-partI-chap110-sec2257A.htm", "last_verified": "2026-09-11", "reliability": "VERIFIED RULE", "source_tier": "A", "source_publisher": "U.S. Government Publishing Office (govinfo.gov)", "evidence_quote": "(2) Nothing in subparagraphs (A) and (B) of paragraph (1) shall be construed to exempt any matter that contains any visual depiction that is child pornography, as defined in section 2256(8), or is actual sexually explicit conduct within the definitions in clauses (i) through (iv) of section 2256(2)(A).", "volatility": "low", "from_batch": "15-2257-recordkeeping", "subject": "18 U.S.C. 2257A", "topic": "Certification exemption does not cover child pornography", "applies_to_country": "US", "tags": { "lane": "any", "stage": "any", "region": [ "us" ], "platform": "any", "topic": [ "unclassified" ], "explicitness": "any" } }, { "id": "learn_r15_2257_recordkeeping_cfr75_producer_primary", "category": "Safety", "title": "[Unverified - being checked] 28 CFR 75.1: Regulatory definition of primary producer", "summary": "[Unverified - being checked] A primary producer under 28 CFR 75.1(c)(1) is any person who actually films, videotapes, photographs, or creates a digitally- or computer-manipulated image, a digital image, or a picture of, or who digitizes an image of, a visual depiction of an actual human being engaged in actual or simulated sexually explicit conduct; when a corporation or other organization is the primary producer, no individual employee or agent of that entity is a primary producer of that image.", "body": "A primary producer under 28 CFR 75.1(c)(1) is any person who actually films, videotapes, photographs, or creates a digitally- or computer-manipulated image, a digital image, or a picture of, or who digitizes an image of, a visual depiction of an actual human being engaged in actual or simulated sexually explicit conduct; when a corporation or other organization is the primary producer, no individual employee or agent of that entity is a primary producer of that image.\n\nWhat Electronic Code of Federal Regulations (ecfr.gov) actually says:\n\n“(1) Primary producer is any person who actually films, videotapes, photographs, or creates a digitally- or computer-manipulated image, a digital image, or a picture of, or who digitizes an image of, a visual depiction of an actual human being engaged in actual or simulated sexually explicit conduct. When a corporation or other organization is the primary producer of any particular image or picture, then no individual employee or agent of that corporation or other organization will be considered to be a primary producer of that image or picture.”\n\nNote: 28 CFR §75.1(c)(1), eCFR current as of 9/09/2026.", "source_type": "official", "source_link": "https://www.ecfr.gov/current/title-28/chapter-I/part-75/section-75.1", "last_verified": "2026-09-11", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "Electronic Code of Federal Regulations (ecfr.gov)", "evidence_quote": "(1) Primary producer is any person who actually films, videotapes, photographs, or creates a digitally- or computer-manipulated image, a digital image, or a picture of, or who digitizes an image of, a visual depiction of an actual human being engaged in actual or simulated sexually explicit conduct. When a corporation or other organization is the primary producer of any particular image or picture, then no individual employee or agent of that corporation or other organization will be considered to be a primary producer of that image or picture.", "volatility": "low", "from_batch": "15-2257-recordkeeping", "subject": "28 CFR 75.1", "topic": "Regulatory definition of primary producer", "applies_to_country": "US", "tags": { "lane": "any", "stage": "any", "region": [ "us" ], "platform": "any", "topic": [ "unclassified" ], "explicitness": "any" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r15_2257_recordkeeping_cfr75_producer_secondary", "category": "Safety", "title": "[Unverified - being checked] 28 CFR 75.1: Regulatory definition of secondary producer", "summary": "[Unverified - being checked] A secondary producer under 28 CFR 75.1(c)(2) is any person who produces, assembles, manufactures, publishes, duplicates, reproduces, or reissues matter intended for commercial distribution containing a visual depiction of actual or simulated sexually explicit conduct, or who inserts or manages sexually explicit content on a computer site or service, including any person who enters into a contract, agreement, or conspiracy to do any of the foregoing; when a corporation or organization is the secondary producer, no individual of that entity is a secondary producer of that image.", "body": "A secondary producer under 28 CFR 75.1(c)(2) is any person who produces, assembles, manufactures, publishes, duplicates, reproduces, or reissues matter intended for commercial distribution containing a visual depiction of actual or simulated sexually explicit conduct, or who inserts or manages sexually explicit content on a computer site or service, including any person who enters into a contract, agreement, or conspiracy to do any of the foregoing; when a corporation or organization is the secondary producer, no individual of that entity is a secondary producer of that image.\n\nWhat Electronic Code of Federal Regulations (ecfr.gov) actually says:\n\n“(2) Secondary producer is any person who produces, assembles, manufactures, publishes, duplicates, reproduces, or reissues a book, magazine, periodical, film, videotape, or digitally- or computer-manipulated image, picture, or other matter intended for commercial distribution that contains a visual depiction of an actual human being engaged in actual or simulated sexually explicit conduct, or who inserts on a computer site or service a digital image of, or otherwise manages the sexually explicit content of a computer site or service that contains a visual depiction of, an actual human being engaged in actual or simulated sexually explicit conduct, including any person who enters into a contract, agreement, or conspiracy to do any of the foregoing. When a corporation or other organization is the secondary producer of any particular image or picture, then no individual of that corporation or other organization will be considered to be the secondary producer of that image or picture.”\n\nNote: 28 CFR §75.1(c)(2), eCFR current as of 9/09/2026.", "source_type": "official", "source_link": "https://www.ecfr.gov/current/title-28/chapter-I/part-75/section-75.1", "last_verified": "2026-09-11", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "Electronic Code of Federal Regulations (ecfr.gov)", "evidence_quote": "(2) Secondary producer is any person who produces, assembles, manufactures, publishes, duplicates, reproduces, or reissues a book, magazine, periodical, film, videotape, or digitally- or computer-manipulated image, picture, or other matter intended for commercial distribution that contains a visual depiction of an actual human being engaged in actual or simulated sexually explicit conduct, or who inserts on a computer site or service a digital image of, or otherwise manages the sexually explicit content of a computer site or service that contains a visual depiction of, an actual human being engaged in actual or simulated sexually explicit conduct, including any person who enters into a contract, agreement, or conspiracy to do any of the foregoing. When a corporation or other organization is the secondary producer of any particular image or picture, then no individual of that corporation or other organization will be considered to be the secondary producer of that image or picture.", "volatility": "low", "from_batch": "15-2257-recordkeeping", "subject": "28 CFR 75.1", "topic": "Regulatory definition of secondary producer", "applies_to_country": "US", "tags": { "lane": "any", "stage": "any", "region": [ "us" ], "platform": "any", "topic": [ "unclassified" ], "explicitness": "any" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r15_2257_recordkeeping_cfr75_record_content_id_copy", "category": "Safety", "title": "[Unverified - being checked] 28 CFR 75.2: Records must include a copy of the performer's identification document", "summary": "[Unverified - being checked] For depictions of actual sexually explicit conduct (except lascivious exhibition) made after July 3, 1995, or simulated sexually explicit conduct / lascivious exhibition made after March 18, 2009, records must include a legible hard copy or scanned/electronic copy of the identification document examined, plus a copy of the depiction, and for Internet publication a copy of the associated URL or another uniquely identifying reference.", "body": "For depictions of actual sexually explicit conduct (except lascivious exhibition) made after July 3, 1995, or simulated sexually explicit conduct / lascivious exhibition made after March 18, 2009, records must include a legible hard copy or scanned/electronic copy of the identification document examined, plus a copy of the depiction, and for Internet publication a copy of the associated URL or another uniquely identifying reference.\n\nWhat Electronic Code of Federal Regulations (ecfr.gov) actually says:\n\n“(1) The legal name and date of birth of each performer, obtained by the producer's examination of a picture identification card prior to production of the depiction. For any performer portrayed in a depiction of an actual human being engaged in actual sexually explicit conduct (except lascivious exhibition of the genitals or pubic area of any person) made after July 3, 1995, or of an actual human being engaged in simulated sexually explicit conduct or in actual sexually explicit conduct limited to lascivious exhibition of the genitals or pubic area of any person made after March 18, 2009, the records shall also include a legible hard copy or legible digitally scanned or other electronic copy of a hard copy of the identification document examined and, if that document does not contain a recent and recognizable picture of the performer, a legible hard copy of a picture identification card. For any performer portrayed in a depiction of an actual human being engaged in actual sexually explicit conduct (except lascivious exhibition of the genitals or pubic area of any person) made after June 23, 2005, or of an actual human being engaged in simulated sexually explicit conduct or in actual sexually explicit conduct limited to lascivious exhibition of the genitals or pubic area of any person made after March 18, 2009, the records shall include a copy of the depiction, and, where the depiction is published on an Internet computer site or service, a copy of any URL associated with the depiction. If no URL is associated with the depiction, the records shall include another uniquely identifying reference associated with the location of the depiction on the Internet. For any performer in a depiction performed live on the Internet, the records shall include a copy of the depiction with running-time sufficient to identify the performer in the depiction and to associate the performer with the records needed to confirm his or her age.”\n\nNote: 28 CFR §75.2(a)(1), eCFR current as of 9/09/2026.", "source_type": "official", "source_link": "https://www.ecfr.gov/current/title-28/chapter-I/part-75/section-75.2", "last_verified": "2026-09-11", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "Electronic Code of Federal Regulations (ecfr.gov)", "evidence_quote": "(1) The legal name and date of birth of each performer, obtained by the producer's examination of a picture identification card prior to production of the depiction. For any performer portrayed in a depiction of an actual human being engaged in actual sexually explicit conduct (except lascivious exhibition of the genitals or pubic area of any person) made after July 3, 1995, or of an actual human being engaged in simulated sexually explicit conduct or in actual sexually explicit conduct limited to lascivious exhibition of the genitals or pubic area of any person made after March 18, 2009, the records shall also include a legible hard copy or legible digitally scanned or other electronic copy of a hard copy of the identification document examined and, if that document does not contain a recent and recognizable picture of the performer, a legible hard copy of a picture identification card. For any performer portrayed in a depiction of an actual human being engaged in actual sexually explicit conduct (except lascivious exhibition of the genitals or pubic area of any person) made after June 23, 2005, or of an actual human being engaged in simulated sexually explicit conduct or in actual sexually explicit conduct limited to lascivious exhibition of the genitals or pubic area of any person made after March 18, 2009, the records shall include a copy of the depiction, and, where the depiction is published on an Internet computer site or service, a copy of any URL associated with the depiction. If no URL is associated with the depiction, the records shall include another uniquely identifying reference associated with the location of the depiction on the Internet. For any performer in a depiction performed live on the Internet, the records shall include a copy of the depiction with running-time sufficient to identify the performer in the depiction and to associate the performer with the records needed to confirm his or her age.", "volatility": "low", "from_batch": "15-2257-recordkeeping", "subject": "28 CFR 75.2", "topic": "Records must include a copy of the performer's identification document", "applies_to_country": "US", "tags": { "lane": "any", "stage": "any", "region": [ "us" ], "platform": "any", "topic": [ "unclassified" ], "explicitness": "any" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r15_2257_recordkeeping_cfr75_secondary_producer_accepts_copies", "category": "Safety", "title": "[Unverified - being checked] 28 CFR 75.2: Secondary producer may accept records from primary producer", "summary": "[Unverified - being checked] A secondary producer may satisfy recordkeeping obligations by accepting copies of the records described in §75.2(a) from the primary producer, and must also keep records of the name and address of the primary producer from whom copies were received; the copies may be redacted to remove non-essential information but the identification number of the picture identification card may not be redacted.", "body": "A secondary producer may satisfy recordkeeping obligations by accepting copies of the records described in §75.2(a) from the primary producer, and must also keep records of the name and address of the primary producer from whom copies were received; the copies may be redacted to remove non-essential information but the identification number of the picture identification card may not be redacted.\n\nWhat Electronic Code of Federal Regulations (ecfr.gov) actually says:\n\n“(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. The copies of the records may be redacted to eliminate non-essential information, including addresses, phone numbers, social security numbers, and other information not necessary to confirm the name and age of the performer. However, the identification number of the picture identification card presented to confirm the name and age may not be redacted.”\n\nNote: 28 CFR §75.2(b).", "source_type": "official", "source_link": "https://www.ecfr.gov/current/title-28/chapter-I/part-75/section-75.2", "last_verified": "2026-09-11", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "Electronic Code of Federal Regulations (ecfr.gov)", "evidence_quote": "(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. The copies of the records may be redacted to eliminate non-essential information, including addresses, phone numbers, social security numbers, and other information not necessary to confirm the name and age of the performer. However, the identification number of the picture identification card presented to confirm the name and age may not be redacted.", "volatility": "low", "from_batch": "15-2257-recordkeeping", "subject": "28 CFR 75.2", "topic": "Secondary producer may accept records from primary producer", "applies_to_country": "US", "tags": { "lane": "any", "stage": "any", "region": [ "us" ], "platform": "any", "topic": [ "unclassified" ], "explicitness": "any" }, "verification": { "status": "failed", "label": "Unverified - being checked", "reasons": [ "hollow_body", "strong_label_on_weak_content" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r15_2257_recordkeeping_cfr75_record_retention", "category": "Safety", "title": "[Unverified - being checked] 28 CFR 75.4: Record retention period", "summary": "[Unverified - being checked] Each record must be maintained for seven years from the date of creation or last amendment or addition; if the producer ceases to carry on the business, records must be maintained for five additional years; if the producer is an employee of an organization, records are kept at the organization's place of business; if the organization is dissolved, the person responsible for records must maintain them for five years after dissolution.", "body": "Each record must be maintained for seven years from the date of creation or last amendment or addition; if the producer ceases to carry on the business, records must be maintained for five additional years; if the producer is an employee of an organization, records are kept at the organization's place of business; if the organization is dissolved, the person responsible for records must maintain them for five years after dissolution.\n\nWhat Electronic Code of Federal Regulations (ecfr.gov) actually says:\n\n“Any producer required by this part to maintain records shall make such records available at the producer's place of business or at the place of business of a non-employee custodian of records. 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, digitally- or computer-manipulated image, digital image, or 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 or at the place of business of a non-employee custodian of records. If the organization is dissolved, the person who was responsible for maintaining the records, as described in § 75.6(b), shall continue to maintain the records for a period of five years after dissolution.”\n\nNote: 28 CFR §75.4, amended 73 FR 77470, Dec. 18, 2008.", "source_type": "official", "source_link": "https://www.ecfr.gov/current/title-28/chapter-I/part-75/section-75.4", "last_verified": "2026-09-11", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "Electronic Code of Federal Regulations (ecfr.gov)", "evidence_quote": "Any producer required by this part to maintain records shall make such records available at the producer's place of business or at the place of business of a non-employee custodian of records. 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, digitally- or computer-manipulated image, digital image, or 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 or at the place of business of a non-employee custodian of records. If the organization is dissolved, the person who was responsible for maintaining the records, as described in § 75.6(b), shall continue to maintain the records for a period of five years after dissolution.", "volatility": "low", "from_batch": "15-2257-recordkeeping", "subject": "28 CFR 75.4", "topic": "Record retention period", "applies_to_country": "US", "tags": { "lane": "any", "stage": "any", "region": [ "us" ], "platform": "any", "topic": [ "unclassified" ], "explicitness": "any" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r15_2257_recordkeeping_cfr75_inspection_no_advance_notice", "category": "Safety", "title": "28 CFR 75.5: No advance notice of record inspections", "summary": "Advance notice of record inspections shall not be given.", "body": "Advance notice of record inspections shall not be given.\n\nWhat Electronic Code of Federal Regulations (ecfr.gov) actually says:\n\n“(b) Advance notice of inspections. Advance notice of record inspections shall not be given.”\n\nNote: 28 CFR §75.5(b).", "source_type": "official", "source_link": "https://www.ecfr.gov/current/title-28/chapter-I/part-75/section-75.5", "last_verified": "2026-09-11", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "Electronic Code of Federal Regulations (ecfr.gov)", "evidence_quote": "(b) Advance notice of inspections. Advance notice of record inspections shall not be given.", "volatility": "low", "from_batch": "15-2257-recordkeeping", "subject": "28 CFR 75.5", "topic": "No advance notice of record inspections", "applies_to_country": "US", "tags": { "lane": "any", "stage": "any", "region": [ "us" ], "platform": "any", "topic": [ "unclassified" ], "explicitness": "any" } }, { "id": "learn_r15_2257_recordkeeping_cfr75_inspection_frequency", "category": "Safety", "title": "28 CFR 75.5: Inspection frequency limit", "summary": "Records may be inspected once during any four-month period, unless there is reasonable suspicion of a violation, in which case additional inspections may be conducted before the four-month period has expired.", "body": "Records may be inspected once during any four-month period, unless there is reasonable suspicion of a violation, in which case additional inspections may be conducted before the four-month period has expired.\n\nWhat Electronic Code of Federal Regulations (ecfr.gov) actually says:\n\n“(d) Frequency of inspections. Records 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.”\n\nNote: 28 CFR §75.5(d).", "source_type": "official", "source_link": "https://www.ecfr.gov/current/title-28/chapter-I/part-75/section-75.5", "last_verified": "2026-09-11", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "Electronic Code of Federal Regulations (ecfr.gov)", "evidence_quote": "(d) Frequency of inspections. Records 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.", "volatility": "low", "from_batch": "15-2257-recordkeeping", "subject": "28 CFR 75.5", "topic": "Inspection frequency limit", "applies_to_country": "US", "tags": { "lane": "any", "stage": "any", "region": [ "us" ], "platform": "any", "topic": [ "unclassified" ], "explicitness": "any" } }, { "id": "learn_r15_2257_recordkeeping_cfr75_inspection_normal_hours", "category": "Safety", "title": "[Unverified - being checked] 28 CFR 75.5: Normal business hours for inspections", "summary": "[Unverified - being checked] Normal business hours for the purpose of Part 75 inspections are from 9 a.m. to 5 p.m., local time, Monday through Friday, or any other time during which the producer is actually conducting business relating to producing a depiction of actual sexually explicit conduct; a producer that does not maintain at least 20 normal business hours per week must provide notice to the inspecting agency of the hours during which records will be available, which may not be less than 20 hours per week.", "body": "Normal business hours for the purpose of Part 75 inspections are from 9 a.m. to 5 p.m., local time, Monday through Friday, or any other time during which the producer is actually conducting business relating to producing a depiction of actual sexually explicit conduct; a producer that does not maintain at least 20 normal business hours per week must provide notice to the inspecting agency of the hours during which records will be available, which may not be less than 20 hours per week.\n\nWhat Electronic Code of Federal Regulations (ecfr.gov) actually says:\n\n“(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 9 a.m. to 5 p.m., local time, Monday through Friday, or, for inspections to be held at the place of business of a producer, any other time during which the producer is actually conducting business relating to producing a depiction of actual sexually explicit conduct. To the extent that the producer does not maintain at least 20 normal business hours per week, the producer must provide notice to the inspecting agency of the hours during which records will be available for inspection, which in no case may be less than 20 hours per week.”\n\nNote: 28 CFR §75.5(c)(1).", "source_type": "official", "source_link": "https://www.ecfr.gov/current/title-28/chapter-I/part-75/section-75.5", "last_verified": "2026-09-11", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "Electronic Code of Federal Regulations (ecfr.gov)", "evidence_quote": "(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 9 a.m. to 5 p.m., local time, Monday through Friday, or, for inspections to be held at the place of business of a producer, any other time during which the producer is actually conducting business relating to producing a depiction of actual sexually explicit conduct. To the extent that the producer does not maintain at least 20 normal business hours per week, the producer must provide notice to the inspecting agency of the hours during which records will be available for inspection, which in no case may be less than 20 hours per week.", "volatility": "low", "from_batch": "15-2257-recordkeeping", "subject": "28 CFR 75.5", "topic": "Normal business hours for inspections", "applies_to_country": "US", "tags": { "lane": "any", "stage": "any", "region": [ "us" ], "platform": "any", "topic": [ "unclassified" ], "explicitness": "any" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "thin_body", "source_unverifiable:fetch_failed:budget" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r15_2257_recordkeeping_cfr75_labeling_content_street_address", "category": "Safety", "title": "28 CFR 75.6: Labeling statement must include a street address", "summary": "The labeling statement must include a street address at which records may be made available; a post office box address does not satisfy this requirement.", "body": "The labeling statement must include a street address at which records may be made available; a post office box address does not satisfy this requirement.\n\nWhat Electronic Code of Federal Regulations (ecfr.gov) actually says:\n\n“(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 other matter (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, an identifying number or similar identifier that differentiates this matter from other matters which the producer has produced; (3) A street address at which the records required by this part may be made available. A post office box address does not satisfy this requirement.”\n\nNote: 28 CFR §75.6(b)(1), (b)(3).", "source_type": "official", "source_link": "https://www.ecfr.gov/current/title-28/chapter-I/part-75/section-75.6", "last_verified": "2026-09-11", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "Electronic Code of Federal Regulations (ecfr.gov)", "evidence_quote": "(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 other matter (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, an identifying number or similar identifier that differentiates this matter from other matters which the producer has produced; (3) A street address at which the records required by this part may be made available. A post office box address does not satisfy this requirement.", "volatility": "low", "from_batch": "15-2257-recordkeeping", "subject": "28 CFR 75.6", "topic": "Labeling statement must include a street address", "applies_to_country": "US", "tags": { "lane": "any", "stage": "any", "region": [ "us" ], "platform": "any", "topic": [ "unclassified" ], "explicitness": "any" } }, { "id": "learn_r15_2257_recordkeeping_cfr75_labeling_typeface_requirement", "category": "Safety", "title": "28 CFR 75.6: Labeling statement typeface and display requirements", "summary": "The required statement must be displayed in typeface no less than 12-point type or no smaller than the second-largest typeface on the material, in a color that clearly contrasts with the background; for electronic or time-limited displays, the notice must be displayed for a sufficient duration and of sufficient size to be capable of being read by the average viewer.", "body": "The required statement must be displayed in typeface no less than 12-point type or no smaller than the second-largest typeface on the material, in a color that clearly contrasts with the background; for electronic or time-limited displays, the notice must be displayed for a sufficient duration and of sufficient size to be capable of being read by the average viewer.\n\nWhat Electronic Code of Federal Regulations (ecfr.gov) actually says:\n\n“(e) For the purposes of this section, the required statement shall be displayed in typeface that is no less than 12-point type or no smaller than the second-largest typeface on the material and in a color that clearly contrasts with the background color of the material. 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.”\n\nNote: 28 CFR §75.6(e).", "source_type": "official", "source_link": "https://www.ecfr.gov/current/title-28/chapter-I/part-75/section-75.6", "last_verified": "2026-09-11", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "Electronic Code of Federal Regulations (ecfr.gov)", "evidence_quote": "(e) For the purposes of this section, the required statement shall be displayed in typeface that is no less than 12-point type or no smaller than the second-largest typeface on the material and in a color that clearly contrasts with the background color of the material. 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.", "volatility": "low", "from_batch": "15-2257-recordkeeping", "subject": "28 CFR 75.6", "topic": "Labeling statement typeface and display requirements", "applies_to_country": "US", "tags": { "lane": "any", "stage": "any", "region": [ "us" ], "platform": "any", "topic": [ "unclassified" ], "explicitness": "any" } }, { "id": "learn_r15_2257_recordkeeping_cfr75_labeling_location_web", "category": "Safety", "title": "28 CFR 75.8: Statement location on websites", "summary": "A computer site or service or Web address containing a digitally- or computer-manipulated image, digital image, or picture shall contain the required statement on every page of a Web site on which a visual depiction of an actual human being engaged in actual or simulated sexually explicit conduct appears; it may alternatively display the statement in a separate window that opens upon the viewer's clicking or mousing-over a hypertext link stating '18 U.S.C. 2257 [and/or 2257A, as appropriate] Record-Keeping Requirements Compliance Statement.'", "body": "A computer site or service or Web address containing a digitally- or computer-manipulated image, digital image, or picture shall contain the required statement on every page of a Web site on which a visual depiction of an actual human being engaged in actual or simulated sexually explicit conduct appears; it may alternatively display the statement in a separate window that opens upon the viewer's clicking or mousing-over a hypertext link stating '18 U.S.C. 2257 [and/or 2257A, as appropriate] Record-Keeping Requirements Compliance Statement.'\n\nWhat Electronic Code of Federal Regulations (ecfr.gov) actually says:\n\n“(d) A computer site or service or Web address containing a digitally- or computer-manipulated image, digital image, or picture shall contain the required statement on every page of a Web site on which a visual depiction of an actual human being engaged in actual or simulated sexually explicit conduct appears. Such computer site or service or Web address may choose to display the required statement in a separate window that opens upon the viewer's clicking or mousing-over a hypertext link that states, \"18 U.S.C. 2257 [and/or 2257A, as appropriate] Record-Keeping Requirements Compliance Statement.\"”\n\nNote: 28 CFR §75.8(d).", "source_type": "official", "source_link": "https://www.ecfr.gov/current/title-28/chapter-I/part-75/section-75.8", "last_verified": "2026-09-11", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "Electronic Code of Federal Regulations (ecfr.gov)", "evidence_quote": "(d) A computer site or service or Web address containing a digitally- or computer-manipulated image, digital image, or picture shall contain the required statement on every page of a Web site on which a visual depiction of an actual human being engaged in actual or simulated sexually explicit conduct appears. Such computer site or service or Web address may choose to display the required statement in a separate window that opens upon the viewer's clicking or mousing-over a hypertext link that states, \"18 U.S.C. 2257 [and/or 2257A, as appropriate] Record-Keeping Requirements Compliance Statement.\"", "volatility": "low", "from_batch": "15-2257-recordkeeping", "subject": "28 CFR 75.8", "topic": "Statement location on websites", "applies_to_country": "US", "tags": { "lane": "any", "stage": "any", "region": [ "us" ], "platform": "any", "topic": [ "unclassified" ], "explicitness": "any" } }, { "id": "learn_r15_2257_recordkeeping_cfr75_exemption_grandfathered_matter", "category": "Safety", "title": "28 CFR 75.7: Exemption for matter produced before certain dates", "summary": "A producer may affix an exemption statement to matter that is not covered by 2257(a)-(c) or 2257A(a)-(c) if: (1) the matter contains visual depictions of actual sexually explicit conduct made only before July 3, 1995, or was last produced/manufactured/published/duplicated/reproduced/reissued before July 3, 1995; (2) the matter contains only visual depictions of simulated sexually explicit conduct or actual sexually explicit conduct limited to lascivious exhibition, made before March 18, 2009; or (3) the matter contains only a combination of (1) and (2).", "body": "A producer may affix an exemption statement to matter that is not covered by 2257(a)-(c) or 2257A(a)-(c) if: (1) the matter contains visual depictions of actual sexually explicit conduct made only before July 3, 1995, or was last produced/manufactured/published/duplicated/reproduced/reissued before July 3, 1995; (2) the matter contains only visual depictions of simulated sexually explicit conduct or actual sexually explicit conduct limited to lascivious exhibition, made before March 18, 2009; or (3) the matter contains only a combination of (1) and (2).\n\nWhat Electronic Code of Federal Regulations (ecfr.gov) actually says:\n\n“(a) Any producer of any book, magazine, periodical, film, videotape, digitally- or computer-manipulated 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 record-keeping requirements of 18 U.S.C. 2257(a)-(c) or 18 U.S.C. 2257A(a)-(c), as applicable, and of this part if: (1) The matter contains visual depictions of actual sexually explicit conduct made only before July 3, 1995, or was last produced, manufactured, published, duplicated, reproduced, or reissued before July 3, 1995. Where the matter consists of a compilation of separate primarily produced depictions, the entirety of the conduct depicted was produced prior to July 3, 1995, regardless of the date of secondary production; (2) The matter contains only visual depictions of simulated sexually explicit conduct or of actual sexually explicit conduct limited to lascivious exhibition of the genitals or pubic area of any person, made before March 18, 2009; (3) The matter contains only some combination of the visual depictions described in paragraphs (a)(1) and (a)(2) of this section.”\n\nNote: 28 CFR §75.7(a), added 73 FR 77471, Dec. 18, 2008.", "source_type": "official", "source_link": "https://www.ecfr.gov/current/title-28/chapter-I/part-75/section-75.7", "last_verified": "2026-09-11", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "Electronic Code of Federal Regulations (ecfr.gov)", "evidence_quote": "(a) Any producer of any book, magazine, periodical, film, videotape, digitally- or computer-manipulated 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 record-keeping requirements of 18 U.S.C. 2257(a)-(c) or 18 U.S.C. 2257A(a)-(c), as applicable, and of this part if: (1) The matter contains visual depictions of actual sexually explicit conduct made only before July 3, 1995, or was last produced, manufactured, published, duplicated, reproduced, or reissued before July 3, 1995. Where the matter consists of a compilation of separate primarily produced depictions, the entirety of the conduct depicted was produced prior to July 3, 1995, regardless of the date of secondary production; (2) The matter contains only visual depictions of simulated sexually explicit conduct or of actual sexually explicit conduct limited to lascivious exhibition of the genitals or pubic area of any person, made before March 18, 2009; (3) The matter contains only some combination of the visual depictions described in paragraphs (a)(1) and (a)(2) of this section.", "volatility": "low", "from_batch": "15-2257-recordkeeping", "subject": "28 CFR 75.7", "topic": "Exemption for matter produced before certain dates", "applies_to_country": "US", "tags": { "lane": "any", "stage": "any", "region": [ "us" ], "platform": "any", "topic": [ "unclassified" ], "explicitness": "any" } }, { "id": "learn_r15_2257_recordkeeping_cfr75_certification_requirements", "category": "Safety", "title": "[Unverified - being checked] 28 CFR 75.9: Certification of records requirements", "summary": "[Unverified - being checked] The certification exemption under 2257A(h) requires: (1) the visual depiction is intended for commercial distribution; (2) created as part of a commercial enterprise; (3) either not marketed as child pornography or subject to FCC regulation; and (4) the producer certifies to the Attorney General that they regularly and in the normal course of business collect and maintain individually identifiable information on all performers including name, address, and date of birth; the certification is a letter signed by the chief executive officer or other executive officer (or senior manager) addressed to the Attorney General.", "body": "The certification exemption under 2257A(h) requires: (1) the visual depiction is intended for commercial distribution; (2) created as part of a commercial enterprise; (3) either not marketed as child pornography or subject to FCC regulation; and (4) the producer certifies to the Attorney General that they regularly and in the normal course of business collect and maintain individually identifiable information on all performers including name, address, and date of birth; the certification is a letter signed by the chief executive officer or other executive officer (or senior manager) addressed to the Attorney General.\n\nWhat Electronic Code of Federal Regulations (ecfr.gov) actually says:\n\n“(a) In general. The provisions of §§ 75.2 through 75.8 shall not apply to a visual depiction of actual sexually explicit conduct constituting lascivious exhibition of the genitals or pubic area of a person or to a visual depiction of simulated sexually explicit conduct if all of the following requirements are met: (1) The visual depiction is intended for commercial distribution; (2) The visual depiction is created as a part of a commercial enterprise; (3) Either— (i) The visual depiction is not produced, marketed or made available in circumstances such that an ordinary person would conclude that the matter contains a visual depiction that is child pornography as defined in 18 U.S.C. 2256(8), or, (ii) The visual depiction is subject to regulation by the Federal Communications Commission acting in its capacity to enforce 18 U.S.C. 1464 regarding the broadcast of obscene, indecent, or profane programming; and (4) The producer of the visual depiction certifies to the Attorney General that he regularly and in the normal course of business collects and maintains individually identifiable information regarding all performers, including minor performers, employed by that person, pursuant to Federal and State tax, labor, and other laws, labor agreements, or otherwise pursuant to industry standards, where such information includes the name, address, and date of birth of the performer.”\n\nNote: 28 CFR §75.9(a), added 73 FR 77471, Dec. 18, 2008.", "source_type": "official", "source_link": "https://www.ecfr.gov/current/title-28/chapter-I/part-75/section-75.9", "last_verified": "2026-09-11", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "Electronic Code of Federal Regulations (ecfr.gov)", "evidence_quote": "(a) In general. The provisions of §§ 75.2 through 75.8 shall not apply to a visual depiction of actual sexually explicit conduct constituting lascivious exhibition of the genitals or pubic area of a person or to a visual depiction of simulated sexually explicit conduct if all of the following requirements are met: (1) The visual depiction is intended for commercial distribution; (2) The visual depiction is created as a part of a commercial enterprise; (3) Either— (i) The visual depiction is not produced, marketed or made available in circumstances such that an ordinary person would conclude that the matter contains a visual depiction that is child pornography as defined in 18 U.S.C. 2256(8), or, (ii) The visual depiction is subject to regulation by the Federal Communications Commission acting in its capacity to enforce 18 U.S.C. 1464 regarding the broadcast of obscene, indecent, or profane programming; and (4) The producer of the visual depiction certifies to the Attorney General that he regularly and in the normal course of business collects and maintains individually identifiable information regarding all performers, including minor performers, employed by that person, pursuant to Federal and State tax, labor, and other laws, labor agreements, or otherwise pursuant to industry standards, where such information includes the name, address, and date of birth of the performer.", "volatility": "low", "from_batch": "15-2257-recordkeeping", "subject": "28 CFR 75.9", "topic": "Certification of records requirements", "applies_to_country": "US", "tags": { "lane": "any", "stage": "any", "region": [ "us" ], "platform": "any", "topic": [ "unclassified" ], "explicitness": "any" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r15_2257_recordkeeping_cfr75_certification_timing", "category": "Safety", "title": "28 CFR 75.9: Certification filing deadlines", "summary": "Initial certification was due June 16, 2009; producers beginning production after Dec. 18, 2008 but before June 16, 2009 had initial certification due June 16, 2009; producers beginning production after June 16, 2009 had initial certification due within 60 days of start of production; a subsequent certification is required only if there are material changes in the certified information, due within 60 days of the material change.", "body": "Initial certification was due June 16, 2009; producers beginning production after Dec. 18, 2008 but before June 16, 2009 had initial certification due June 16, 2009; producers beginning production after June 16, 2009 had initial certification due within 60 days of start of production; a subsequent certification is required only if there are material changes in the certified information, due within 60 days of the material change.\n\nWhat Electronic Code of Federal Regulations (ecfr.gov) actually says:\n\n“(e) Timely submission of certification. An initial certification is due June 16, 2009. Initial certifications of producers who begin production after December 18, 2008, but before June 16, 2009, are due on June 16, 2009. Initial certifications of producers who begin production after June 16, 2009 are due within 60 days of the start of production. A subsequent certification is required only if there are material changes in the information the producer certified in the initial certification; subsequent certifications are due within 60 days of the occurrence of the material change.”\n\nNote: 28 CFR §75.9(e).", "source_type": "official", "source_link": "https://www.ecfr.gov/current/title-28/chapter-I/part-75/section-75.9", "last_verified": "2026-09-11", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "Electronic Code of Federal Regulations (ecfr.gov)", "evidence_quote": "(e) Timely submission of certification. An initial certification is due June 16, 2009. Initial certifications of producers who begin production after December 18, 2008, but before June 16, 2009, are due on June 16, 2009. Initial certifications of producers who begin production after June 16, 2009 are due within 60 days of the start of production. A subsequent certification is required only if there are material changes in the information the producer certified in the initial certification; subsequent certifications are due within 60 days of the occurrence of the material change.", "volatility": "low", "from_batch": "15-2257-recordkeeping", "subject": "28 CFR 75.9", "topic": "Certification filing deadlines", "applies_to_country": "US", "tags": { "lane": "any", "stage": "any", "region": [ "us" ], "platform": "any", "topic": [ "unclassified" ], "explicitness": "any" } }, { "id": "learn_r15_2257_recordkeeping_2257_litigation_enforcement_limited", "category": "Safety", "title": "[Unverified - being checked] Free Speech Coalition v. Attorney General (3d Cir.): Enforcement of 2257/2257A limited by court order", "summary": "[Unverified - being checked] The Third Circuit held that the age verification, recordkeeping, and labeling requirements of 2257/2257A violate the First Amendment as applied to plaintiffs whose performers are at least 30 years old, because the Government conceded the requirements need not apply when performers are at least 30 (since an adult performer could not reasonably appear to be a child at that age), making the requirements not the least restrictive means for those plaintiffs; the criminal penalties for noncompliance cannot be enforced against successful as-applied plaintiffs; the inspection provisions were held facially unconstitutional under the Fourth Amendment.", "body": "The Third Circuit held that the age verification, recordkeeping, and labeling requirements of 2257/2257A violate the First Amendment as applied to plaintiffs whose performers are at least 30 years old, because the Government conceded the requirements need not apply when performers are at least 30 (since an adult performer could not reasonably appear to be a child at that age), making the requirements not the least restrictive means for those plaintiffs; the criminal penalties for noncompliance cannot be enforced against successful as-applied plaintiffs; the inspection provisions were held facially unconstitutional under the Fourth Amendment.\n\nWhat U.S. Court of Appeals for the Third Circuit (via Justia) actually says:\n\n“The age verification, recordkeeping, and labeling requirements all violate the First Amendment as applied to those plaintiffs. The Government conceded that the Statutes' requirements need not apply when sexually explicit depictions show performers who are at least thirty years old because at that age, an adult performer could not reasonably appear to be a child. So for these plaintiffs — who must comply even for their performers who are at least thirty years old — the requirements are not the least restrictive way to protect children. As a result, the Statutes' criminal penalties for noncompliance with those requirements cannot be enforced against the successful as-applied plaintiffs.”\n\nNote: Free Speech Coalition, Inc. v. Attorney General United States, No. 18-3188 (3d Cir. Sept. 1, 2020). No Supreme Court certiorari or further proceedings verified from a primary source as of 2026-09-11.", "source_type": "official", "source_link": "https://law.justia.com/cases/federal/appellate-courts/ca3/18-3188/18-3188-2020-09-01.html", "last_verified": "2026-09-11", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "U.S. Court of Appeals for the Third Circuit (via Justia)", "evidence_quote": "The age verification, recordkeeping, and labeling requirements all violate the First Amendment as applied to those plaintiffs. The Government conceded that the Statutes' requirements need not apply when sexually explicit depictions show performers who are at least thirty years old because at that age, an adult performer could not reasonably appear to be a child. So for these plaintiffs — who must comply even for their performers who are at least thirty years old — the requirements are not the least restrictive way to protect children. As a result, the Statutes' criminal penalties for noncompliance with those requirements cannot be enforced against the successful as-applied plaintiffs.", "volatility": "medium", "from_batch": "15-2257-recordkeeping", "subject": "Free Speech Coalition v. Attorney General (3d Cir.)", "topic": "Enforcement of 2257/2257A limited by court order", "applies_to_country": "US", "applies_to_scope": "Applicable to the specific as-applied plaintiffs in the case; the ruling does not declare the statute facially unconstit", "tags": { "lane": "any", "stage": "any", "region": [ "us" ], "platform": "any", "topic": [ "unclassified" ], "explicitness": "any" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } } ] }