New 2257 Rules

[Paul Markham]

Full text can be found at: http://www.regulations.gov/freddocs/04-13792.htm

Here are some major points that pertain to webmasters as secondary record keepers:

a.. Internet Definitions. To bring the regulations up to date with the 2003 Amendments, the definition of a producer has been modified in proposed 28 CFR 75.1. Persons who manage the content of computer sites or services are considered secondary producers.

a.. A secondary producer is any person who produces, assembles, manufactures, publishes, duplicates, reproduces, or reissues a book, magazine, periodical, film, videotape, a computer-generated image, digital image, or picture, or other matter intended for commercial distribution that contains a visual depiction of actual sexually explicit conduct, or who inserts on a computer site or service a digital image of, or otherwise manages the content of a computer site or service that contains a visual depiction of, actual sexually explicit conduct, including any person who enters into a contract, agreement, or conspiracy to do any of the foregoing.


a.. Proposed 28 CFR 75.2(a)(1) would require computer site or service producers to maintain a ``hard'' physical or electronic copy of the actual depiction with the identification and age files, along with and linked to all accession information, such as each URL used for that depiction. This ensures that all of the data about all of the people in the depictions can be accessed to ensure that none of the people in the depictions are minors.


a.. A producer who is a secondary producer as defined in Sec. 75.1© may satisfy the requirements of this part to create and maintain records by accepting from the primary producer, as defined in Sec. 75.1©, copies of the records described in paragraph (a) of this section. Such a secondary producer shall also keep records of the name and address of the primary producer from whom he received copies of the records.

You best keep up with this.