The Child Protection and Obscenity Enforcement Act of 1988 (18 U.S.C. § 2257) places stringent record-keeping requirements on certain adult industry professionals. The guidelines for enforcing these laws, codified in 28 C.F.R. § 75, require producers of sexually explicit material to obtain proof of the age of every model they shoot and to retain those records. Federal inspectors may at any time, and without notice, inspect these records and prosecute any infraction.
The definition of “producers” for purposes of Section 2257 includes both “primary” and “secondary” producers. “Primary producers” are those who actually film, videotape, or photograph a visual depiction of actual or simulated sexually explicit conduct.
A “secondary producer” is anyone who produces, assembles, manufactures, publishes, duplicates, reproduces, or reissues a book, magazine, periodical, film, videotape, or other matter intended for commercial distribution that contains a visual depiction of actual sexually explicit conduct.
As you can see, the definition of “secondary producers” is far broader reaching than that of “primary producers.” And, not only are these definitions very expansive, but different record keeping requirements exist for primary and secondary producers. To further complicate things, the same person can be simultaneously a primary and secondary producer.
In addition to identifying who must keep records, the Section 2257 provisions also regulate how the records must be maintained and categorized, where they must be located, and for how long the records must be maintained, even if the business that had been required to maintain these records no longer exists.