Who is required to keep records about adult images under federal law?
Under a federal law, 18 U.S.C. ยง 2257, producers of a “visual depiction of an actual human being engaged in actual sexually explicit conduct” are required to keep records showing the ages of the models. It does not cover images produced before July 3, 1995, or depictions of simulated sexually explicit conduct. While this law has been in effect for years, recently the Department of Justice (DOJ) issued new regulations that expand the definition of a “secondary producer” of sexually explicit material. As of June 23, 2005, new federal regulations apply the record-keeping requirement to these secondary producers, and defines them as anyone “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 sexually explicit conduct. The regulations imply that the record-keeping requirement is restricted to commercial operations. This would seem to exclude noncommercial or educat
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