28 C.F.R. 75
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28 C.F.R. 75 is the set of rules in the United States Code of Federal Regulations enforceable by the United States Department of Justice which exist due to the passing by the United States Congress of 18 U.S.C. 2257. 18 U.S.C. 2257 is the federal law mandating record-keeping requirements for producers of sexually explicit material that is involved in some way with interstate or foreign commerce. The intent of 28 C.F.R. 75 is to act as an enforcement regulation for 18 U.S.C. 2257, with the primary goal of making sure that those who are portrayed in sexually explicit situations in U.S.-produced or -distributed commercial media are of majority age (i.e., at least 18 years of age).
The U.S. Department of Justice has created some definitions and rules by itself, with the expectation of Congress to do so, to help enforce 18 U.S.C. 2257. Much of 18 U.S.C. 2257, along with Justice Department-creataed additions (as just discussed) form the text of 28 C.F.R. 75. Penalties for violation of 18 U.S.C. 2257, however, do not appear in 28 C.F.R. 75.
28 C.F.R. 75 defines the terms "primary producer" and "secondary producer". A primary producer is defined in the set of rules as any person who actually films, videotapes, or photographs a visual depiction of actual sexually explicit conduct. A secondary producer is defined as any person who produces, assembles, manufactures, publishes, duplicates, reproduces, or reissues a book, magazine, periodical, film, videotape, or other matter intended for commercial distribution that contains a visual depiction of actual sexually explicit conduct. Different record-keeping requirements exist for primary versus secondary producers. It is defined in the set of rules that one may be both a primary and a secondary producer.
28 C.F.R. 75 also spells out requirements for the maintenance, categorization, location, and inspection of records, as well as legal grounds for exemption of these requirements. Again, 28 C.F.R. 75 spells out some requirements, created by the Department of Justice, that are not explicitly stated in 18 U.S.C. 2257, such as the requirement that required records be maintained five years after the dissolution of a business that had been required to maintain them.
The Department of Justice can make modifications to 28 C.F.R. 75, based on the discretion, or possible future requirements, that has been given to it to do so by Congress.
External link
Text of 28 C.F.R. 75 (http://cfr.law.cornell.edu/cfr/cfr.php?title=28&type=part&value=75) Amendments to the regulations became effective on June 23, 2005.