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Revised 2257 after 4472:

Sec. 2257. Record keeping requirements

(a) Whoever produces any book, magazine, periodical, film,
videotape, digital image, digitally- or computer-manipulated image of an actual human being, picture, or other matter which--
(1) contains one or more visual depictions made after November
1, 1990 of actual sexually explicit conduct; 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) Any person to whom subsection (a) applies shall, with respect to
every performer portrayed in a visual depiction of actual sexually
explicit conduct--
(1) ascertain, by examination of an identification document
containing such information, the performer's name and date of birth,
and require the performer to provide such other indicia of his or
her identity as may be prescribed by regulations;
(2) ascertain any name, other than the performer's present and
correct name, ever used by the performer including maiden name,
alias, nickname, stage, or professional name; and
(3) record in the records required by subsection (a) the
information required by paragraphs (1) and (2) of this subsection
and such other identifying information as may be prescribed by
regulation.

(c) Any person to whom subsection (a) applies shall maintain the
records required by this section at his business premises, or at such
other place as the Attorney General may by regulation prescribe and
shall make such records available to the Attorney General for inspection
at all reasonable times.
(d)(1) No information or evidence obtained from records required to
be created or maintained by this section shall, except as provided in
this section, directly or indirectly, be used as evidence against any
person with respect to any violation of law.
(2) Paragraph (1) of this subsection shall not preclude the use of
such information or evidence in a prosecution or other action for a
violation of this chapter or chapter 71, or for a violation of any
applicable provision of law with respect to the furnishing of false
information.
(e)(1) Any person to whom subsection (a) applies shall cause to be
affixed to every copy of any matter described in paragraph (1) of
subsection (a) of this section, in such manner and in such form as the
Attorney General shall by regulations prescribe, a statement describing
where the records required by this section with respect to all
performers depicted in that copy of the matter may be located. In this paragraph, the term `copy' includes every page of a website on which matter described in subsection (a) appears.
(2) If the person to whom subsection (a) of this section applies is
an organization the statement required by this subsection shall include
the name, title, and business address of the individual employed by such
organization responsible for maintaining the records required by this
section.
(f) It shall be unlawful--
(1) for any person to whom subsection (a) applies to fail to
create or maintain the records as required by subsections (a) and
(c) or by any regulation promulgated under this section;
(2) for any person to whom subsection (a) applies knowingly to
make any false entry in or knowingly to fail to make an appropriate
entry in, any record required by subsection (b) of this section or
any regulation promulgated under this section;
(3) for any person to whom subsection (a) applies knowingly to
fail to comply with the provisions of subsection (e) or any
regulation promulgated pursuant to that subsection; (amendment removed the word ?and? from here)
(4) for any person knowingly to sell or otherwise transfer, or
offer for sale or transfer, any book, magazine, periodical, film,
video, or other matter, produce in whole or in part with materials
which have been mailed or shipped in interstate or foreign commerce
or which is intended for shipment in interstate or foreign commerce,
which--
(A) contains one or more visual depictions made after the
effective date of this subsection of actual sexually explicit
conduct; and
(B) 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;

which does not have affixed thereto, in a manner prescribed as set
forth in subsection (e)(1), a statement describing where the records
required by this section may be located, but such person shall have
no duty to determine the accuracy of the contents of the statement
or the records required to be kept; and
(5) for any person to whom subsection (a) applies to refuse to permit the Attorney General or his or her designee to conduct an inspection under subsection (c). (g) The Attorney General shall issue appropriate regulations to
carry out this section.
(amendement removed all of paragraph h and replaced it with: )
(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

`(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.'.

(b) Construction- The provisions of section 2257 shall not apply to any depiction of actual sexually explicit conduct as described in clause (v) of section 2256(2)(A) of title 18, United States Code, produced in whole or in part, prior to the effective date of this section unless that depiction also includes actual sexually explicit conduct as described in clauses (i) through (iv) of section 2256(2)(A) of title 18, United States Code.
(i) Whoever violates this section shall be imprisoned for not more
than 5 years, and fined in accordance with the provisions of this title,
or both. Whoever violates this section after having been convicted of a
violation punishable under this section shall be imprisoned for any
period of years not more than 10 years but not less than 2 years, and
fined in accordance with the provisions of this title, or both.

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