C.F.R. » Title 28 » CHAPTER I—DEPARTMENT OF JUSTICE › PART 75—CHILD PROTECTION RESTORATION AND PENALTIES ENHANCEMENT ACT OF 1990; PROTECT ACT; ADAM WALSH CHILD PROTECTION AND SAFETY ACT OF 2006; RECORDKEEPING AND RECORD-INSPECTION PROVISIONS

28 C.F.R. § 75.4

Location of records

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Any producer required by this part to maintain records shall make such records available at the producer's place of business or at the place of business of a non-employee custodian of records. Each record shall be maintained for seven years from the date of creation or last amendment or addition. If the producer ceases to carry on the business, the records shall be maintained for five years thereafter. If the producer produces the book, magazine, periodical, film, videotape, digitally- or computer-manipulated image, digital image, or picture, or other matter (including but not limited to Internet computer site or services) as part of his control of or through his employment with an organization, records shall be made available at the organization's place of business or at the place of business of a non-employee custodian of records. If the organization is dissolved, the person who was responsible for maintaining the records, as described in § 75.6(b), shall continue to maintain the records for a period of five years after dissolution.

[73 FR 77470, Dec. 18, 2008]
Notes of Decisions
Cited in 6 cases, 1992–2018 · leading case: Free Speech Coalition, Inc. v. Attorney Gen. of the United States, 677 F.3d 519 (3d Cir. 2012).
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Free Speech Coalition, Inc. v. Attorney Gen. of the United States, 677 F.3d 519 (3d Cir. 2012). · cites it 2× “28 C.F.R. § 75.4 . E. PROCEDURAL BACKGROUND On October 7, 2009, Plaintiffs filed both a complaint challenging the constitutionality of the Statutes and a motion for a preliminary injunction.”
Connection Distrib. Co. v. Holder, 557 F.3d 321 (6th Cir. 2009). · cites it 2× “§ 2257 (c); see also 28 C.F.R. §§ 75.4 -.5. And it must include a statement in its publications noting where the relevant records are kept and who maintains them.”
Free Speech Coalition, Inc. v. Holder, 729 F. Supp. 2d 691 (E.D. Pa. 2010). · cites it 2× “” 28 C.F.R. § 75.4 . Further, investigators are authorized to “enter without delay and at reasonable times any establishment of a producer where records .”
Am. Library Ass'n v. Janet Reno, 33 F.3d 78 (D.C. Cir. 1994). “” 28 C.F.R. § 75.4 . The Government’s need to be able to identify performers and verify conformance with the Act is not dependent on the producer remaining in business.”
Am. Library Ass'n v. Barr, 794 F. Supp. 412 (D.D.C. 1992). “28 C.F.R. § 75.4 . If the producer ceases to carry on business, a custodian must be named and the records must be maintained for an additional five years.”
Free Speech Coal., Inc. v. Sessions, 314 F. Supp. 3d 678 (E.D. Pa. 2018). · cites it 2× “28 C.F.R. § 75.4 . FSC II , 677 F.3d at 527 -28 .”
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