Originally Posted by jseal
Lilith,
What parts of 18 U.S.C. § 2257 are at issue?
As Pixies doesn’t produce the images in question it isn’t a Primary producer. Sec. 75.1 Definitions, C, (1)
I presume that the concern is about (2), in particular the part I’ve underlined: “A secondary producer is any person who produces, assembles, manufactures, publishes, duplicates, reproduces, or reissues a book, magazine, periodical, film, videotape, digitally- or computer- manipulated image, picture, or other matter intended for commercial distribution that contains a visual depiction of an actual human being engaged in actual sexually explicit conduct, or who inserts on a computer site or service a digital image of, or otherwise manages the sexually explicit content of a computer site or service that contains a visual depiction of an actual human being engaged in actual sexually explicit conduct, including any person who enters into a contract, agreement, or conspiracy to do any of the foregoing.”
Even so, Pixies is not a producer per (4) (ii)
“Producer does not include persons whose activities relating to the visual depiction of actual sexually explicit conduct are limited to the following:
…
(ii) Mere distribution;”
Pixies, while a commercial site, gets no revenue from the availability of the pictures at the site.
Perhaps I am looking at the statute incorrectly, or perhaps I am looking at the wrong parts of the statute, but I see no requirement for Pixies to maintain the records commercial pornographers must. It is the criminal penalties associated with inadequate or insufficient record keeping which is at issue here, is it not?
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