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§2257A are punishable by fines and up to one year in prison for each offense.
Many adult entertainment attorneys, myself included, have stated that there also is a relatively low probability of recommencement of 2257 inspections or of any new 2257 prosecutions under the current administration.
§2257A) and associated regulations (28 CFR 75 et seq.) that require producers of sexually explicit content to create and maintain very specific kinds of records in precise accordance with certain specified requirements. If a party is the initial creator of the content, that party is termed a “primary producer” under the law. That definition (also set forth in 28 CFR 75.1) states that a 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. 230(c)) shall not constitute such selection or alteration of the content of the communication; or (vi) Unless the activity or activities are described in section 2257(h)(2)(A), the dissemination of a depiction without having created it or altered its content.
For example, it is a federal felony for a person who fails to create or maintain records, "knowingly to sell or otherwise transfer" any sexually explicit material that does not have a statement affixed to such content. But while required full compliance with the 2257 Regulations is a legal reality, it is also true that the 2257 records inspections commenced under the Bush administration have been suspended by the current administration.
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