Section
2257
Title 18 USC
All
models or individuals on this site or CherieRoberts.com
Subsidiary site, KitanaJade.com and MyAwesomePictures.com,
are in accordance to 18 U.S.C. 2257
The
Records are stored At:
8608
Holloway Dr. #214
West Hollywood, CA 90069
The
Custodians of Records being:
Cherie Roberts
Section
2257, Title 18 USC:
Sec.
75.1 Definitions.
(a) Terms used in this part shall have the meanings set
forth in 18 U.S.C. 2257, and as provided in this section.
The terms used and defined in these regulations are intended
to provide common-language guidance and usage and are not
meant to exclude technologies or uses of these terms as
otherwise employed in practice or defined in other
regulations or federal statutes (i.e., 47 U.S.C. 230, 231).
(b)
Picture identification card means a document issued by the
United States, a State government or a political subdivision
thereof, or a United States territory, that bears the photograph
and the name of the individual identified, and provides
sufficient specific information that it can be accessed
from the issuing authority, such as a passport, Permanent
Resident Card (commonly known as a ``Green Card''), or other
employment authorization document issued by the United States,
a driver's license issued by a State or the District of
Columbia, or another form of identification issued by a
State or the District of Columbia; or, a foreign government-issued
equivalent of any of the documents listed above when both
the person who is the subject of the picture identification
card and the producer maintaining the required records are
located outside the United States.
(c)
Producer means any person, including any individual, corporation,
or other organization, who is a primary producer or a secondary
producer.
(1)
A primary producer is any person who actually films, videotapes,
photographs, or creates a digitally- or computer- manipulated
image, a digital image, or picture of, or digitizes an image
of, a visual depiction of an actual human being engaged
in actual sexually explicit conduct.
(2)
A secondary producer is any person who produces, assembles,
manufactures, publishes, duplicates, reproduces, or reissues
a book, magazine, periodical, film, videotape, digitally-
or computer- manipulated image, picture, or other matter
intended for commercial distribution that contains a visual
depiction of an actual human being engaged in actual sexually
explicit conduct, or 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 an actual human being engaged in actual sexually
explicit conduct, including any person who enters into a
contract, agreement, or conspiracy to do any of the foregoing.
(3)
The same person may be both a primary and a secondary producer.
(4)
Producer does not include persons whose activities relating
to the visual depiction of actual sexually explicit conduct
are limited to the following:
(i)
Photo or film processing, including digitization of previously
existing visual depictions, as part of a commercial enterprise,
with no other commercial interest in the sexually explicit
material, printing, and video duplicators;
(ii)
Mere distribution;
(iii)
Any activity, other than those activities identified in
paragraphs (c) (1) and (2) of this section, that does not
involve the hiring, contracting for, managing, or otherwise
arranging for the participation of the depicted performers;
(iv)
A provider of web-hosting services who does not, and reasonably
cannot, manage the sexually explicit content of the computer
site or service; or
(v)
A provider of an electronic communication service or remote
computing service who does not, and reasonably cannot, manage
the sexually explicit content of the computer site or service.
[(5)
Deleted.]
(d)
Sell, distribute, redistribute, and re-release refer to
commercial distribution of a book, magazine, periodical,
film, videotape, digitally- or computer-manipulated image,
digital image, picture, or other matter that contains a
visual depiction of an actual human being engaged in actual
sexually explicit conduct, but does not refer to noncommercial
or educational distribution of such matter, including transfers
conducted by bona fide lending libraries, museums, schools,
or educational organizations.
(e)
Copy, when used:
(1)
In reference to an identification document or a picture
identification card, means a photocopy, photograph, or digitally
scanned reproduction, and
(2)
When used in reference to a sexually explicit depiction
means the sexually explicit image itself (e.g., a film,
an image posted on a web page, an image taken by a webcam,
a photo in a magazine, etc.).
(f)
Internet means collectively the myriad of computer and telecommunications
facilities, including equipment and operating software,
which constitute the interconnected world-wide network of
networks that employ the Transmission Control Protocol/Internet
Protocol, or any predecessor or successor protocols to such
protocol, to communicate information of all kinds by wire
or radio.
(g)
Computer site or service means a computer server-based file
repository or file distribution service that is accessible
over the Internet, World Wide Web, Usenet, or any other
interactive computer service (as defined in 47 U.S.C. 230(f)(2)).
Computer site or service includes without limitation, sites
or services using hypertext markup language, hypertext transfer
protocol, file transfer protocol, electronic mail transmission
protocols, similar data transmission protocols, or any successor
protocols, including but not limited to computer sites or
services on the World Wide Web.
(h)
URL means uniform resource locator.
(i)
Electronic communications service has the meaning set forth
in 18 U.S.C. 2510(15).
(j)
Remote computing service has the meaning set forth in 18
U.S.C. 2711(2).
(k)
Manage content means to make editorial or managerial decisions
concerning the sexually explicit content of a computer site
or service, but does not mean those who manage solely advertising,
compliance with copyright law, or other forms of non-sexually
explicit content.
(l)
Interactive computer service has the meaning set forth in
47 U.S.C. 230(f)(2).
Sec. 75.2 Maintenance of records.
(a)
Any producer of any book, magazine, periodical, film, videotape,
digitally- or computer-manipulated image, digital image,
picture, or other matter that contains a depiction of an
actual human being engaged in actual sexually explicit conduct
that is produced in whole or in part with materials that
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 and
that contains one or more visual depictions of an actual
human being engaged in actual sexually explicit conduct
made after July 3, 1995 shall, for each performer portrayed
in such visual depiction, create and maintain records containing
the following:
(1)
The legal name and date of birth of each performer, obtained
by the producer's examination of a picture identification
card. For any performer portrayed in such a depiction made
after July 3, 1995, the records shall also include a legible
copy of the identification document examined and, if that
document does not contain a recent and recognizable picture
of the performer, a legible copy of a picture identification
card. For any performer portrayed in such a depiction after
June 23, 2005, the records shall include
(i)
A copy of the depiction, and
(ii)
Where the depiction is published on an Internet computer
site or service, a copy of any URL associated with the depiction
or, if no URL is associated with the depiction, another
uniquely identifying reference associated with the location
of the depiction on the Internet.
(2)
Any name, other than each performer's legal name, ever used
by the performer, including the performer's maiden name,
alias, nickname, stage name, or professional name. For any
performer portrayed in such a depiction made after July
3, 1995, such names shall be indexed by the title or identifying
number of the book, magazine, film, videotape, digitally-
or computer-manipulated image, digital image, picture, URL,
or other matter. Producers may rely in good faith on representations
by performers regarding accuracy of the names, other than
legal names, used by performers.
(3)
Records required to be created and maintained under this
part shall be organized alphabetically, or numerically where
appropriate, by the legal name of the performer (by last
or family name, then first or given name), and shall be
indexed or cross-referenced to each alias or other name
used and to each title or identifying number of the book,
magazine, film, videotape, digitally- or computer-manipulated
image, digital image, picture, URL, or other matter.
(b)
A producer who is a secondary producer as defined in Sec.
75.1(c) may satisfy the requirements of this part to create
and maintain records by accepting from the primary producer,
as defined in Sec. 75.1(c), 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.
(c)
The information contained in the records required to be
created and maintained by this part need be current only
as of the time the primary producer actually films, videotapes,
or photographs, or creates a digitally or computer-manipulated
image, digital image, or picture, of the visual depiction
of an actual human being engaged in actual sexually explicit
conduct. If the producer subsequently produces an additional
book, magazine, film, videotape, digitally- or computer-
manipulated image, digital image, or picture, or other matter
(including but not limited to Internet computer site or
services) that contains one or more visual depictions of
an actual human being engaged in actual sexually explicit
conduct made by a performer for whom he maintains records
as required by this part, the producer may add the additional
title or identifying number and the names of the performer
to the existing records maintained pursuant to Sec. 75.2(a)(2).
(d)
For any record created or amended after June 23, 2005, all
such records shall be organized alphabetically, or numerically
where appropriate, by the legal name of the performer (by
last or family name, then first or given name), and shall
be indexed or cross- referenced to each alias or other name
used and to each title or identifying number of the book,
magazine, film, videotape, digitally- or computer-manipulated
image, digital image, or picture, or other matter (including
but not limited to Internet computer site or services).
If the producer subsequently produces an additional book,
magazine, film, videotape, digitally- or computer-manipulated
image, digital image, or picture, or other matter (including
but not limited to Internet computer site or services) that
contains one or more visual depictions of an actual human
being engaged in actual sexually explicit conduct made by
a performer for whom he maintains records as required by
this part, the producer shall add the additional title or
identifying number and the names of the performer to the
existing records and such records shall thereafter be maintained
in accordance with this paragraph.
(e)
Records required to be maintained under this part shall
be segregated from all other records, shall not contain
any other records, and shall not be contained within any
other records.
(f)
Records required to be maintained under this part may be
kept either in hard copy or in digital form, provided that
they include scanned copies of forms of identification and
that there is a custodian of the records who can authenticate
each digital record.
Sec. 75.3 Categorization of records. Records required to
be maintained under this part shall be categorized alphabetically,
or numerically where appropriate, and retrievable to: All
name(s) of each performer, including any alias, maiden name,
nickname, stage name or professional name of the performer;
and according to the title, number, or other similar identifier
of each book, magazine, periodical, film, videotape, digitally-
or computer-manipulated image, digital image, or picture,
or other matter (including but not limited to Internet computer
site or services). Only one copy of each picture of a performer's
picture identification card and identification document
must be kept as long as each copy is categorized and retrievable
according to any name, real or assumed, used by such performer,
and according to any title or other identifier of the matter.
Sec. 75.4 Location of records. Any producer required by
this part to maintain records shall make such records available
at the producer's place of business. Each record shall be
maintained for seven years from the date of creation or
last amendment or addition. If the producer ceases to carry
on the business, the records shall be maintained for five
years thereafter. If the producer produces the book, magazine,
periodical, film, videotape, digitally- or computer-manipulated
image, digital image, or picture, or other matter (including
but not limited to Internet computer site or services) as
part of his control of or through his employment with an
organization, records shall be made available at the organization's
place of business. If the organization is dissolved, the
individual who was responsible for maintaining the records
on behalf of the organization, as described in Sec. 75.6(b),
shall continue to maintain the records for a period of five
years after dissolution.
Sec. 75.5 Inspection of records.
(a)
Authority to inspect. Investigators authorized by the Attorney
General (hereinafter ``investigators'') are authorized to
enter without delay and at reasonable times any establishment
of a producer where records under Sec. 75.2 are maintained
to inspect during regular working hours and at other reasonable
times, and within reasonable limits and in a reasonable
manner, for the purpose of determining compliance with the
record-keeping requirements of the Act and any other provision
of the Act (hereinafter "investigator'').
(b)
Advance notice of inspections. Advance notice of record
inspections shall not be given.
(c)
Conduct of inspections.
(1)
Inspections shall take place during the producer's normal
business hours and at such places as specified in Sec. 75.4.
For the purpose of this part, ``normal business hours''
are from 9 a.m. to 5 p.m., local time, Monday through Friday,
or any other time during which the producer is actually
conducting business relating to producing depiction of actual
sexually explicit conduct. To the extent that the producer
does not maintain at least 20 normal business hours per
week, producers must provide notice to the inspecting agency
of the hours during which records will be available for
inspection, which in no case may be less than twenty (20)
hours per week.
(2)
Upon commencing an inspection, the investigator shall:
(i)
Present his or her credentials to the owner, operator, or
agent in charge of the establishment;
(ii)
Explain the nature and purpose of the inspection, including
the limited nature of the records inspection, and the records
required to be kept by the Act and this part; and
(iii)
Indicate the scope of the specific inspection and the records
that he or she wishes to inspect.
(3)
The inspections shall be conducted so as not to unreasonably
disrupt the operations of the producer's establishment.
(4)
At the conclusion of an inspection, the investigator may
informally advise the producer of any apparent violations
disclosed by the inspection. The producer may bring to the
attention of the investigator any pertinent information
regarding the records inspected or any other relevant matter.
(d)
Frequency of inspections. A producer may be inspected once
during any four-month period, unless there is a reasonable
suspicion to believe that a violation of this part has occurred,
in which case an additional inspection or inspections may
be conducted before the four- month period has expired.
(e)
Copies of records. An investigator may copy, at no expense
to the producer, during the inspection, any record that
is subject to inspection.
(f)
Other law enforcement authority. These regulations do not
restrict the otherwise lawful investigative prerogatives
of an investigator while conducting an inspection.
(g)
Seizure of evidence. Notwithstanding any provision of this
part or any other regulation, a law enforcement officer
may seize any evidence of the commission of any felony while
conducting an inspection.
Sec. 75.6 Statement describing location of books and records.
(a)
Any producer of any book, magazine, periodical, film, videotape,
digitally- or computer-manipulated image, digital image,
or picture, or other matter (including but not limited to
Internet computer site or services) that contains one or
more visual depictions of an actual human being engaged
in actual sexually explicit conduct made after July 3, 1995,
and produced, manufactured, published, duplicated, reproduced,
or reissued on or after July 3, 1995, shall cause to be
affixed to every copy of the matter a statement describing
the location of the records required by this part. A producer
may cause such statement to be affixed, for example, by
instructing the manufacturer of the book, magazine, periodical,
film, videotape, digitally- or computer-manipulated image,
digital image, picture, or other matter to affix the statement.
(b)
Every statement shall contain:
(1)
The title of the book, magazine, periodical, film, or videotape,
digitally- or computer-manipulated image, digital image,
picture, or other matter (unless the title is prominently
set out elsewhere in the book, magazine, periodical, film,
or videotape, digitally- or computer-manipulated image,
digital image, picture, or other matter) or, if there is
no title, an identifying number or similar identifier that
differentiates this matter from other matters which the
producer has produced;
(2)
The date of production, manufacture, publication, duplication,
reproduction, or reissuance of the matter; and,
(3)
A street address at which the records required by this part
may be made available. The street address may be an address
specified by the primary producer or, if the secondary producer
satisfies the requirements of Sec. 75.2(b), the address
of the secondary producer. A post office box address does
not satisfy this requirement.
(c)
If the producer is an organization, the statement shall
also contain the name, title, and business address of the
individual employed by such organization who is responsible
for maintaining the records required by this part.
(d)
The information contained in the statement must be accurate
as of the date on which the book, magazine, periodical,
film, videotape, digitally or computer-manipulated image,
digital image, picture, or other matter is produced or reproduced.
(e)
For the purposes of this section, the required statement
shall be displayed in typeface that is no less than 12-point
type or no smaller than the second-largest typeface on the
material and in a color that clearly contrasts with the
background color of the material. For any electronic or
other display of the notice that is limited in time, the
notice must be displayed for a sufficient duration and of
a sufficient size to be capable of being read by the average
viewer.
Sec. 75.7 Exemption statement.
(a)
Any producer of any book, magazine, periodical, film, videotape,
digitally- or computer-manipulated image, digital image,
picture, or other matter may cause to be affixed to every
copy of the matter a statement attesting that the matter
is not covered by the record-keeping requirements of 18
U.S.C. 2257(a)-(c) and of this part if:
(1)
The matter contains only visual depictions of actual sexually
explicit conduct made before July 3, 1995, or is produced,
manufactured, published, duplicated, reproduced, or reissued
before July 3, 1995;
(2)
The matter contains only visual depictions of simulated
sexually explicit conduct; or,
(3)
The matter contains only some combination of the visual
depictions described in paragraphs (a)(1) and (a)(2) of
this section.
(b)
If the primary producer and the secondary producer are different
entities, the primary producer may certify to the secondary
producer that the visual depictions in the matter satisfy
the standards under paragraphs (a)(1) through (a)(3) of
this section. The secondary producer may then cause to be
affixed to every copy of the matter a statement attesting
that the matter is not covered by the record- keeping requirements
of 18 U.S.C. 2257(a)-(c) and of this part.
Sec. 75.8 Location of the statement.
(a)
All books, magazines, and periodicals shall contain the
statement required in Sec. 75.6 or suggested in Sec. 75.7
either on the first page that appears after the front cover
or on the page on which copyright information appears.
(b)
In any film or videotape which contains end credits for
the production, direction, distribution, or other activity
in connection with the film or videotape, the statement
referred to in Sec. 75.6 or Sec. 75.7 shall be presented
at the end of the end titles or final credits and shall
be displayed for a sufficient duration to be capable of
being read by the average viewer.
(c)
Any other film or videotape shall contain the required statement
within one minute from the start of the film or videotape,
and before the opening scene, and shall display the statement
for a sufficient duration to be read by the average viewer.
(d)
A computer site or service or Web address containing a digitally-
or computer-manipulated image, digital image, or picture,
shall contain the required statement on its homepage, any
known major entry points, or principal URL (including the
principal URL of a subdomain), or in a separate window that
opens upon the viewer's clicking a hypertext link that states,
``18 U.S.C. 2257 Record-Keeping Requirements Compliance
Statement.''
(e)
For all other categories not otherwise mentioned in this
section, the statement is to be prominently displayed consistent
with the manner of display required for the aforementioned
categories.