2257 Breakdown As It Pertains To Most TGP/MGPs

The bigger question is this: What about Google and other "auto thumbing" companies?

For all sexually explicit material, whether real or simulated, and/or material depicting nudity (ie nipples, vag, dick) that is hosted on my website, I must retain a copy of a valid ID for all depicted persons.

If I own a thumbnail site featuring thumbs that depict no nudity/sex whatsoever, I do not need to keep a record for the featured model. This is up to the gallery submitter, or whomever owns the linked-to page that depicts the nudity/sexually explicit material.

``(h) In this section--
``(1) the term `actual sexually explicit conduct' means
actual but not simulated conduct as defined in clauses (i)
through (v) of section 2256(2)(A) of this title;
``(2) the term `produces'--
``(A) means--
``(i) actually filming, videotaping,
photographing, creating a picture, digital image,
or digitally- or computer-manipulated image of an
actual human being;
``(ii) digitizing an image, of a visual
depiction of sexually explicit conduct; or,
assembling, manufacturing, publishing,
duplicating, reproducing, or reissuing a book,
magazine, periodical, film, videotape, digital
image, or picture, or other matter intended for
commercial distribution, that contains a visual
depiction of sexually explicit conduct; or
``(iii) inserting on a computer site or
service a digital image of, or otherwise managing
the sexually explicit content, of a computer site
or service that contains a visual depiction of,
sexually explicit conduct; and
``(B) does not include activities that are limited
to--
``(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
duplication;
``(ii) distribution;
``(iii) any activity, other than those
activities identified in subparagraph (A), that
does not involve the hiring, contracting for,
managing, or otherwise arranging for the
participation of the depicted performers;
``(iv) the provision of a telecommunications
service, or of an Internet access service or
Internet information location tool (as those terms
are defined in section 231 of the Communications
Act of 1934 (47 U.S.C. 231)); or

[[Page 120 STAT. 626]]

``(v) the transmission, storage, retrieval,
hosting, formatting, or translation (or any
combination thereof) of a communication, without
selection or alteration of the content of the
communication, except that deletion of a
particular communication or material made by
another person in a manner consistent with section
230(c) of the Communications Act of 1934 (47
U.S.C. 230(c)) shall not constitute such selection
or alteration of the content of the communication;
and
``(3) the term `performer' includes any person portrayed in
a visual depiction engaging in, or assisting another person to
engage in, sexually explicit conduct.''.