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Old 2006-03-08, 10:55 PM   #9
Ms Naughty
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The link keeps coming up as "expired"

But is this the bit we're talking about?

SEC. 602. STRENGTHENING SECTION 2257 TO ENSURE THAT CHILDREN ARE NOT EXPLOITED IN THE PRODUCTION OF PORNOGRAPHY.

Section 2257(h) of title 18, United States Code, is amended--

(1) in paragraph (1), by striking `subparagraphs (A) through (D)' and inserting `subparagraph (A)'; and

(2) in paragraph (3), by striking `which does not involve' and all that follows through `depicted' and inserting `with respect to which the Attorney General determines the record keeping requirements of this section are not needed to carry out the purposes of this chapter'.

SEC. 603. ADDITIONAL RECORDKEEPING REQUIREMENTS.

(a) New Requirement-

(1) IN GENERAL- Title 18, United States Code, is amended by inserting after section 2257 the following:

`Sec. 2257A. Recordkeeping requirements for simulated sexual conduct

`(a) Whoever produces any book, magazine, periodical, film, videotape, or other matter which--

`(1) contains a visual depiction of simulated sexually explicit conduct (except conduct described in section 2256(2)(A)(v)), created after the date of the enactment of this section; and

`(2) is produced in whole or in part with materials which have been mailed or shipped in interstate or foreign commerce, or is shipped or transported or is intended for shipment or transportation in interstate or foreign commerce;

shall create and maintain individually identifiable records pertaining to every performer portrayed in such a visual depiction.

`(b) Subsections (b), (c), (d), (e), (f), (h)(2), and (I) of section 2257 apply to matter and records described in subsection (a) of this section in the same manner as they apply to matter and records described in section 2257(a).

`(c) As used in this section, the term `produces' means--

`(1) to film, videotape, photograph; or create a picture, digital image, or digitally- or computer-manipulated image of an actual human being, that constitutes a visual depiction of simulated sexually explicit conduct; or

`(2) to make such a depiction available to another, if the circumstances in which the depiction is made available are likely to convey the impression that the depiction is child pornography.

`(d) This section (other than to the extent subsection (b) of this section makes section 2257(d) applicable) does not apply to a person who produces matter described in subsection (a), and who--

`(1) ascertains, by examination of an identification document containing such information, the name and birth date of every performer portrayed in such a visual depiction, and maintains such information in individually identifiable records;

`(2) makes such records available to the Attorney General for inspection at all reasonable times;

`(3) provides to the Attorney General the name, title, and business address of the individual employed for the purpose of maintaining such records; and

`(4) certifies compliance with paragraphs (1), (2), and (3) to the Attorney General on an annual basis, and that the Attorney General will be promptly notified of any changes in that name, title, or business address.'.

(2) EFFECTIVE DATE OF REGULATIONS- The regulations issued to carry out section 2257A of title 18, United States Code, shall not become effective until 90 days after the regulations are published in the Federal Register.

(b) Clerical Amendment- The table of chapters at the beginning of chapter 110 of title 18, United States Code, is amended by inserting after the item relating to section 2257 the following new item:

`2257A. Recordkeeping requirements for simulated sexual conduct'.

EDIT - XBiz has a decent article on it here:
http://xbiz.com/news_piece.php?id=13811

Summary:
* Looks like it will become law by September
* It will then be challenged in court
* It includes simulated sex in its definitions which means that Hollywood will be lumped in with us dirty pornographers

Note: Please include all standard "I am not a lawyer" disclaimers in this and any other posts


EDIT AGAIN: Moderators, I hope it's OK to post this text verbatim from the gov site. Unfortunately it refers to CP without *s? Please delete if necessary.
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Last edited by Ms Naughty; 2006-03-08 at 11:07 PM..
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