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2257 Regulations : ウィキペディア英語版
Child Protection and Obscenity Enforcement Act

The Child Protection and Obscenity Enforcement Act of 1988, title VII, subtitle N of the Anti-Drug Abuse Act of 1988, , , is part of a United States Act of Congress which places stringent record-keeping requirements on the producers of actual, sexually explicit materials. The guidelines for enforcing these laws (colloquially known as 2257 Regulations ((C.F.R. Part 75 )), part of the United States Code of Federal Regulations, require producers of sexually explicit material to obtain proof of age for every model they shoot, and retain those records. Federal inspectors may at any time launch inspections of these records and prosecute any infraction.
While the statute seemingly excluded from these record-keeping requirements anyone who is involved in activity that "does not involve hiring, contracting for, managing, or otherwise arranging for, the participation of the performers depicted," the Department of Justice (DOJ) defined an entirely new class of producers known as "secondary producers." According to the DOJ, a secondary producer is anyone who "publishes, reproduces, or reissues" explicit material.
On October 23, 2007, the 6th Circuit U.S. Court of Appeals ruled that the record keeping requirements were facially invalid because they imposed an overbroad burden on legitimate, constitutionally protected speech.〔(Court Opinion ), October 23, 2007〕 However the US DoJ, under control by US Attorney General Michael B. Mukasey, has asked for, and was granted, an ''en banc'' review of the initial decision of the 6th Circuit Court in order to see if the initial decision should be overturned. The Sixth Circuit subsequently reheard the case ''en banc'' and issued an opinion on February 20, 2009, upholding the constitutionality of the record-keeping requirements, albeit with some dissents.
The United States Supreme Court refused to hear (denied certiorari to) the April 2009 challenge to ''Connection Distributing Co. v. Holder'', the Sixth Circuit Court of Appeals decision on the legality of 2257 and its enforcement. (See "Order List", Monday, October 5, 2009).
As of 2012, the Free Speech Coalition (FSC) is actively appealing in the Third Circuit the 2009 Sixth Circuit decision and U.S. Supreme Court refusal to hear the appeal.
== Allied administrative law (2257 Regulations) ==
The administrative law that has been created by virtue of the Act to guide and aid its enforcement, 28 C.F.R. 75 (also known as the 2257 Regulations), specifies record-keeping requirements for those wishing to produce sexually explicit media, and imposes criminal penalties for failure to comply. This is intended to ensure that no person under the legal age is involved in such undertakings. (See Pornography in the United States and Child pornography laws in the United States for more information about the term "sexually explicit".)
The regulations define the terms "primary producer" and "secondary producer". The term "produces" means:

A "primary producer" is defined in the set of rules as
A "secondary producer" is
One may be both a primary and a secondary producer.〔
"Manage content" means
"Computer site or service" means
The regulations also spell out requirements for the maintenance, categorization, location, and inspection of records, as well as legal grounds for exemption of these requirements. They require that records be maintained for five years after the dissolution of a business that had been required to maintain them.
The Department of Justice can modify the regulations, based on the discretion, or possible future requirements, that has been given to it to do so by the Act.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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