[Code of Federal Regulations]

[Title 28, Volume 2]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 28CFR75.2]



[Page 319-321]

 

                    TITLE 28--JUDICIAL ADMINISTRATION

 

              CHAPTER I--DEPARTMENT OF JUSTICE (CONTINUED)

 

PART 75_CHILD PROTECTION RESTORATION AND PENALTIES ENHANCEMENT ACT OF 

1990 AND PROTECT ACT; RECORD-KEEPING AND RECORD INSPECTION PROVISIONS

--Table of Contents

 

Sec.  75.2  Maintenance of records.



    (a) Any producer of any book, magazine, periodical, film, videotape, 

digitally- or computer-manipulated image, digital image, picture, or 

other matter that contains a depiction of an actual human being engaged 

in actual sexually explicit conduct that is produced in whole or in part 

with materials that 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 and



[[Page 320]]



that contains one or more visual depictions of an actual human being 

engaged in actual sexually explicit conduct made after July 3, 1995 

shall, for each performer portrayed in such visual depiction, create and 

maintain records containing the following:

    (1) The legal name and date of birth of each performer, obtained by 

the producer's examination of a picture identification card. For any 

performer portrayed in such a depiction made after July 3, 1995, the 

records shall also include a legible copy of the identification document 

examined and, if that document does not contain a recent and 

recognizable picture of the performer, a legible copy of a picture 

identification card. For any performer portrayed in such a depiction 

after June 23, 2005, the records shall include

    (i) A copy of the depiction, and

    (ii) Where the depiction is published on an Internet computer site 

or service, a copy of any URL associated with the depiction or, if no 

URL is associated with the depiction, another uniquely identifying 

reference associated with the location of the depiction on the Internet.

    (2) Any name, other than each performer's legal name, ever used by 

the performer, including the performer's maiden name, alias, nickname, 

stage name, or professional name. For any performer portrayed in such a 

depiction made after July 3, 1995, such names shall be indexed by the 

title or identifying number of the book, magazine, film, videotape, 

digitally- or computer-manipulated image, digital image, picture, URL, 

or other matter. Producers may rely in good faith on representations by 

performers regarding accuracy of the names, other than legal names, used 

by performers.

    (3) Records required to be created and maintained under this part 

shall be organized alphabetically, or numerically where appropriate, by 

the legal name of the performer (by last or family name, then first or 

given name), and shall be indexed or cross-referenced to each alias or 

other name used and to each title or identifying number of the book, 

magazine, film, videotape, digitally- or computer-manipulated image, 

digital image, picture, URL, or other matter.

    (b) A producer who is a secondary producer as defined in Sec.  

75.1(c) may satisfy the requirements of this part to create and maintain 

records by accepting from the primary producer, as defined in Sec.  

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.

    (c) The information contained in the records required to be created 

and maintained by this part need be current only as of the time the 

primary producer actually films, videotapes, or photographs, or creates 

a digitally or computer-manipulated image, digital image, or picture, of 

the visual depiction of an actual human being engaged in actual sexually 

explicit conduct. If the producer subsequently produces an additional 

book, magazine, film, videotape, digitally- or computer-manipulated 

image, digital image, or picture, or other matter (including but not 

limited to Internet computer site or services) that contains one or more 

visual depictions of an actual human being engaged in actual sexually 

explicit conduct made by a performer for whom he maintains records as 

required by this part, the producer may add the additional title or 

identifying number and the names of the performer to the existing 

records maintained pursuant to Sec.  75.2(a)(2).

    (d) For any record created or amended after June 23, 2005, all such 

records shall be organized alphabetically, or numerically where 

appropriate, by the legal name of the performer (by last or family name, 

then first or given name), and shall be indexed or cross-referenced to 

each alias or other name used and to each title or identifying number of 

the book, magazine, film, videotape, digitally- or computer-manipulated 

image, digital image, or picture, or other matter (including but not 

limited to Internet computer site or services). If the producer 

subsequently produces an additional book, magazine, film, videotape, 

digitally- or computer-manipulated image, digital image, or picture, or 

other matter (including but not limited to Internet computer site or 

services) that contains one or more visual depictions of



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an actual human being engaged in actual sexually explicit conduct made 

by a performer for whom he maintains records as required by this part, 

the producer shall add the additional title or identifying number and 

the names of the performer to the existing records and such records 

shall thereafter be maintained in accordance with this paragraph.

    (e) Records required to be maintained under this part shall be 

segregated from all other records, shall not contain any other records, 

and shall not be contained within any other records.

    (f) Records required to be maintained under this part may be kept 

either in hard copy or in digital form, provided that they include 

scanned copies of forms of identification and that there is a custodian 

of the records who can authenticate each digital record.