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Originally Posted by Jim_Gunn
I don't know that there is any controversy. 2257Safe.com was one of the most notable third party 2257 services when it launched but has now become http://2257Snap.com. You may want to look into that one. |
The controversy, such as it was, existed through the early stages of
FSC v. Gonzales, prior to the point that the DOJ responded to the FSC's interrogatories and clarified that third party record-keeping was permitted under 2257.
More recently, the CFRs themselves that pertain to 2257 were revised to explicitly adopt the DOJ's position that third party record-keeping was permitted under 2257. This was an important change, in that while the DOJ's response the interrogatories was an affirmative 'yes,' it was unclear whether the DOJ would be bound by that response in the future (following additional revisions to other provisions of 2257, for example) since it wasn't actually part of the statutory language or the CFRs. Having it stated clearly in the CFR (28 CFR 75.4, to be precise) takes all ambiguity out of the question of whether third party storage is permissible.
The full text of CFR 75.4, for those interested:
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Any producer required by this part to maintain records shall make such records available at the producer's place of business or at the place of business of a non-employee custodian of records. 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 or at the place of business of a non-employee custodian of records. If the organization is dissolved, the person who was responsible for maintaining the records, as described in §75.6(b), shall continue to maintain the records for a period of five years after dissolution.
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