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Originally Posted by ardentgent
The below url is a link to a power point presentation on the FSC webpage. In it it states that lascivious depiction of the pubic area is excluded from the definition of actual sexually explicit conduct and that nuduty itself does not implicate compliance.
It is unclear to me if this is applicable to the regualations that are going intol effect June 2005 or is speaking to the proposed rules originally made in 2004. Does anyone know? 
Thanks.
http://www.freespeechcoalition.com/p...ad-Only%20.pdf |
I have not seen anything that changes the definitions of "actual sexually explicit conduct". It is defined in Title 18 2257 (h)(1) as a subset of Title 18 2256 paragraph (2) that excludes simulated sexual conduct and "(E) lascivious exhibition of the genitals or pubic area of any person"
from Title 18 2257:
(h) As used in this section—
(1) the term “actual sexually explicit conduct” means actual but not simulated conduct as defined in subparagraphs (A) through (D) of paragraph (2) of section 2256 of this title;
from Title 18 2256:
(2) “sexually explicit conduct” means actual or simulated—
(A) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;
(B) bestiality;
(C) masturbation;
(D) sadistic or masochistic abuse; or
(E) lascivious exhibition of the genitals or pubic area of any person;
You should check with your attorney, but as far as I can tell R-Rated movies, Playboy Magazine, National Geographic, and the Sears Catalog will still be exempt from the Recordkeeping Requirements of 2257.