The Department of Justice has no way of estimating the annual cost
burden because of the multitude of variables within the control of
producers of depictions of actual sexually explicit conduct. In
publishing the proposed rule for the current part 75, the Department
estimated that there were 100,000 Web sites and 200 producers of DVDs,
videos, and other images containing visual depictions of actually
explicit conduct (as defined by the language of section 2257 at that
time), constituting 2000 businesses. The Department invited comments on
these estimates but received none. The Department estimates currently
that there are 500,000 Web sites and at least 200 producers of DVDs,
videos, and other images containing visual depictions of actually
explicit conduct (as defined by the revised section 2257), constituting
5000 businesses. Again, the Department invites comments on these
numbers. The Department also invites comments on the total number of
visual depictions that will be subject to the proposed rule and the
cost of compliance of the rule for each visual depiction.
All comments and suggestions, or questions regarding additional
information, should be directed to Andrew Oosterbaan, Chief, Child
Exploitation and Obscenity Section, Criminal Division, United States
Department of Justice, Washington, DC 20530; (202) 514-5780. This is
not a toll-free number. Comments should also be sent to: Lynn Bryant,
Clearance Officer, United States Department of Justice, Policy and
Planning Staff, Justice Management Division, Patrick Henry Building,
601 D Street, NW., Washington, DC 20530.
[[Page 38038]]
List of Subjects in 28 CFR Part 75
Crime, Infants and children, Reporting and recordkeeping
requirements.
Accordingly, for the reasons set forth in the preamble, part 75 of
chapter I of title 28 of the Code of Federal Regulations is proposed to
be amended as follows:
PART 75--CHILD PROTECTION RESTORATION AND PENALTIES ENHANCEMENT ACT
OF 1990 AND PROTECT ACT; RECORDKEEPING AND RECORD INSPECTION
PROVISIONS
1. The authority citation for part 75 continues to read as follows:
Authority: 18 U.S.C. 2257.
2. Amend Sec. 75.1 by revising paragraphs (b), (c)(4), and (e),
and adding new paragraphs (m) and (n), to read as follows:
Sec. 75.1 Definitions.
* * * * *
(b) Picture identification card means a document issued by the
United States, a State government or a political subdivision thereof,
or a United States territory, that bears the photograph and the name of
the individual identified, and provides sufficient specific information
that the issuing authority can confirm its validity, such as a
passport, Permanent Resident Card (commonly known as a ``Green Card''),
or other employment authorization document issued by the United States,
a driver's license issued by a State or the District of Columbia, or
another form of identification issued by a State or the District of
Columbia; or, a foreign government-issued equivalent of any of the
documents listed above when the person who is the subject of the
picture identification card is a non-U.S. citizen located outside the
United States at the time of original production and the producer
maintaining the required records, whether a U.S. citizen or non-U.S.
citizen, is located outside the United States on the original
production date.
(c) * * *
(4) Producer does not include persons whose activities relating to
the visual depiction of actual sexually explicit conduct are limited to
the following:
(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
pargraphs (c)(1) and (2) of this section, 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; and
* * * * *
(e) Copy, when used:
(1) In reference to an identification document or a picture
identification card, means a photocopy, photograph, or digitally
scanned reproduction;
(2) In reference to a visual depiction of sexually explicit
conduct, means a duplicate of the depiction itself (e.g., the film, the
image on a Web site, the image taken by a webcam, the photo in a
magazine);
(3) In reference to an image on a webpage for purposes of
Sec. Sec. 75.6(a) and 75.8(d), means every page of a Web site on which
the image appears.
* * * * *
(m) Date of original production or original production date means
the date the primary producer actually filmed, videotaped, or
photographed, or created 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.
(n) Sexually explicit conduct has the meaning set forth in 18
U.S.C. 2256(2)(A).
3. Amend Sec. 75.2 by revising paragraph (a)(1), adding two new
sentences to the end of paragraph (b), revising paragraph (c), and
adding a new paragraph (g), to read as follows:
Sec. 75.2 Maintenance of records.
(a) * * *
(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 such a
depiction made after July 3, 1995, the records shall also include a
legible 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 such a depiction after June 23, 2005, 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.
* * * * *
(b) * * * 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.
(c) The information contained in the records required to be created
and maintained by this part need be current only as of the date of
original production of the visual depiction to which the records are
associated. 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). Producers of visual depictions
made after July 3, 1995, and before June 23, 2005, may rely on picture
identification cards that were valid forms of required identification
documentation under the provisions of part 75 in effect during that
time period.
* * * * *
(g) Records are not required to be maintained by either a primary
producer or by a secondary producer for a visual depiction of sexually
explicit
[[Page 38039]]
conduct that consists only of lascivious exhibition of the genitals or
pubic area of a person, and contains no other sexually explicit
conduct, whose original production date was prior to July 27, 2006.
4. Amend Sec. 75.6 by adding a new sentence at the end of
paragraph (a) and revising paragraph (b)(2), to read as follows:
Sec. 75.6 Statement describing location of books and records.
(a) * * * In this paragraph, the term `copy' includes every page of
a Web site on which a visual depiction of an actual human being engaged
in actual sexually explicit conduct appears.
(b) * * *
(2) The date of original production of the matter; and,
* * * * *
5. Amend Sec. 75.8 by revising paragraph (d) to read as follows:
Sec. 75.8 Location of the statement.
* * * * *
(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
sexually explicit conduct appears.
* * * * *
Dated: July 5, 2007.
Alberto R. Gonzales,
Attorney General.
[FR Doc. E7-13500 Filed 7-11-07; 8:45 am]
BILLING CODE 4410-14-P
http://a257.g.akamaitech.net/7/257/2...7/E7-13500.htm
Im reading through the new ammendements to 2257 now.
Regards,
Lee
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Originally Posted by Madame0120
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