Full text can be found at: http://www.regulations.gov/freddocs/04-13792.htm
Here are some major points that pertain to webmasters as secondary record
keepers:
a.. Internet Definitions. To bring the regulations up to date with the
2003 Amendments, the definition of a producer has been modified in proposed
28 CFR 75.1. Persons who manage the content of computer sites or services
are considered secondary producers.
a.. A secondary producer is any person who produces, assembles,
manufactures, publishes, duplicates, reproduces, or reissues a book,
magazine, periodical, film, videotape, a computer-generated image, digital
image, or picture, or other matter intended for commercial distribution that
contains a visual depiction of actual sexually explicit conduct, or who
inserts on a computer site or service a digital image of, or otherwise
manages the content of a computer site or service that contains a visual
depiction of, actual sexually explicit conduct, including any person who
enters into a contract, agreement, or conspiracy to do any of the foregoing.
a.. Proposed 28 CFR 75.2(a)(1) would require computer site or service
producers to maintain a ``hard'' physical or electronic copy of the actual
depiction with the identification and age files, along with and linked to
all accession information, such as each URL used for that depiction. This
ensures that all of the data about all of the people in the depictions can
be accessed to ensure that none of the people in the depictions are minors.
a.. 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.
Here are some major points that pertain to webmasters as secondary record
keepers:
a.. Internet Definitions. To bring the regulations up to date with the
2003 Amendments, the definition of a producer has been modified in proposed
28 CFR 75.1. Persons who manage the content of computer sites or services
are considered secondary producers.
a.. A secondary producer is any person who produces, assembles,
manufactures, publishes, duplicates, reproduces, or reissues a book,
magazine, periodical, film, videotape, a computer-generated image, digital
image, or picture, or other matter intended for commercial distribution that
contains a visual depiction of actual sexually explicit conduct, or who
inserts on a computer site or service a digital image of, or otherwise
manages the content of a computer site or service that contains a visual
depiction of, actual sexually explicit conduct, including any person who
enters into a contract, agreement, or conspiracy to do any of the foregoing.
a.. Proposed 28 CFR 75.2(a)(1) would require computer site or service
producers to maintain a ``hard'' physical or electronic copy of the actual
depiction with the identification and age files, along with and linked to
all accession information, such as each URL used for that depiction. This
ensures that all of the data about all of the people in the depictions can
be accessed to ensure that none of the people in the depictions are minors.
a.. 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.
Comment