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CRM 1500-1999

1974. Record Keeping Requirements

Section 2257 of Title 18 provides that whoever produced any visual depictions of actual sexually explicit conduct made after November 1, 1990 which were made in whole or part with materials shipped or transported in interstate or foreign commerce shall keep records on each performer in such material.

Regulations were promulgated for this Section and can be found at 28 CFR part 75. American Library Association et al. v. Reno, 33 F.3d 78 (D.C.Cir. 1994), cert. denied, ___ U.S. ___, 115 S.Ct. 2610 (June 26, 1995) upheld the constitutionality of the statute. The Act will be enforced for depictions of actual sexually explicit conduct made after the issuance of the mandate by the court of appeals on July 3, 1995. Other legal challenges of this section are Connection Distributing Co. v. Reno, 154 F.3d 281 (6th Cir. 1998), cert. denied 119 S.Ct. 1496 (1999) (upholding constitutionality of the statute); and Sundance Associates Inc. v. Reno, 139 F.3d 804 (10th Cir. 1998) (holding regulations partially invalid).currently pending in other circuits. Consultation with CEOS should be made prior to any action under this section.

[updated April 2000] [cited in JM 9-75.001]