Request for Question Clarification by
wonko-ga
on
01 Jun 2005 11:27 PDT
I have examined a number of sites dealing with 18 USC 2257 and the
policies of many adult-oriented websites. Because I cannot post links
to adult materials, I can only provide source materials for some
aspects of my Answer.
To comply with 18 USC 2257, adult materials must be labeled with
information identifying the Custodian of Records. In my examination
of the policies of many adult-oriented web sites, some claim that
records are available upon request or for inspection during all
reasonable hours at a particular location. Others specifically state
that they will not release records to anyone who is not affiliated
with the Attorney General.
The relevant law I have located only grants law enforcement personnel
the right to access such records. You can try contacting the
Custodian of Records for the performance in question stating your
desire to verify that your relative was of age and that proper
documentation exists. They may or may not cooperate. If they do not,
then I would suggest contacting your local law enforcement to report
your concern that your relative performed underage so that they can
investigate and obtain access to the records if it is warranted.
The law applicable after November 1, 1990 states:
"(c) Any person to whom subsection (a) applies shall maintain the
records required by this section at his business premises, or at such
other place as the Attorney General may by regulation prescribe and
shall make such records available to the Attorney General for
inspection at all reasonable times."
"§ 2257. Record keeping requirements" Legal Information Institute
(August 6, 2004) http://www4.law.cornell.edu/uscode/18/2257.html
A new rule goes into effect June 23, 2005:
"Sec. 75.5 Inspection of records.
(a) Authority to inspect. Investigators authorized by the Attorney
General (hereinafter ``investigators'') are authorized to enter without
delay and at reasonable times any establishment of a producer where
records under Sec. 75.2 are maintained to inspect during regular
working hours and at other reasonable times, and within reasonable
limits and in a reasonable manner, for the purpose of determining
compliance with the record-keeping requirements of the Act and any
other provision of the Act (hereinafter ``investigator'').
(b) Advance notice of inspections. Advance notice of record
inspections shall not be given.
(c) Conduct of inspections.
(1) Inspections shall take place during the producer's normal
business hours
[[Page 29621]]
and at such places as specified in Sec. 75.4. For the purpose of this
part, ``normal business hours'' are from 9 a.m. to 5 p.m., local time,
Monday through Friday, or any other time during which the producer is
actually conducting business relating to producing depiction of actual
sexually explicit conduct. To the extent that the producer does not
maintain at least 20 normal business hours per week, producers must
provide notice to the inspecting agency of the hours during which
records will be available for inspection, which in no case may be less
than twenty (20) hours per week.
(2) Upon commencing an inspection, the investigator shall:
(i) Present his or her credentials to the owner, operator, or agent
in charge of the establishment;
(ii) Explain the nature and purpose of the inspection, including
the limited nature of the records inspection, and the records required
to be kept by the Act and this part; and
(iii) Indicate the scope of the specific inspection and the records
that he or she wishes to inspect.
(3) The inspections shall be conducted so as not to unreasonably
disrupt the operations of the producer's establishment.
(4) At the conclusion of an inspection, the investigator may
informally advise the producer of any apparent violations disclosed by
the inspection. The producer may bring to the attention of the
investigator any pertinent information regarding the records inspected
or any other relevant matter.
(d) Frequency of inspections. A producer may be inspected once
during any four-month period, unless there is a reasonable suspicion to
believe that a violation of this part has occurred, in which case an
additional inspection or inspections may be conducted before the four-
month period has expired.
(e) Copies of records. An investigator may copy, at no expense to
the producer, during the inspection, any record that is subject to
inspection.
(f) Other law enforcement authority. These regulations do not
restrict the otherwise lawful investigative prerogatives of an
investigator while conducting an inspection.
(g) Seizure of evidence. Notwithstanding any provision of this part
or any other regulation, a law enforcement officer may seize any
evidence of the commission of any felony while conducting an
inspection."
"28 CFR part 75" Federal Register (May 24, 2005)
http://edocket.access.gpo.gov/2005/05-10107.htm
Sincerely,
Wonko
,
0 Comments
)