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If you have affiliates in the US or your service is used by or targeted by US citizens, the US says that you are subject to 2257 and 4472 (the new one that just went into effect.)
Also, since 4472 went into effect, there are no more secondary producers; the law was designed to get around the Sundance problem, so all affiliates should now have records for any sexually explicit materials (including banners) appearing on their sites.
Now... if you are outside the US (live outside, work outside, servers outside) and don't care about your affiliates, you could probably get away with not bothering to comply because it is unlikely (though not impossible) that the US Justice Department is going to travel to a different country to inspect records. But 2257 or no 2257, CP is illegal almost everywhere, so you would be well advised to keep records under any circumstances since, under pressure from the US, other countries will enforce CP laws against pornographers with no documentation.
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