28 C.F.R. § 75.6

Statement describing location of books and records

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(a) Any producer of any book, magazine, periodical, film, videotape, digitally- or computer-manipulated image, digital image, or picture, or other matter (including but not limited to an Internet computer site or service) that contains one or more visual depictions of an actual human being engaged in actual sexually explicit conduct made after July 3, 1995, and produced, manufactured, published, duplicated, reproduced, or reissued after July 3, 1995, or of a performer in a visual depiction of simulated sexually explicit conduct or actual sexually explicit conduct limited to lascivious exhibition of the genitals or pubic area of any person made after March 18, 2009, shall cause to be affixed to every copy of the matter a statement describing the location of the records required by this part. A producer may cause such statement to be affixed, for example, by instructing the manufacturer of the book, magazine, periodical, film, videotape, digitally- or computer-manipulated image, digital image, picture, or other matter to affix the statement. In this paragraph, the term “copy” includes every page of a Web site on which a visual depiction of an actual human being engaged in actual or simulated sexually explicit conduct appears.

(b) Every statement shall contain:

(1) The title of the book, magazine, periodical, film, or videotape, digitally- or computer-manipulated image, digital image, picture, or other matter (unless the title is prominently set out elsewhere in the book, magazine, periodical, film, or videotape, digitally- or computer-manipulated image, digital image, picture, or other matter) or, if there is no title, an identifying number or similar identifier that differentiates this matter from other matters which the producer has produced;

(2) [Reserved]

(3) A street address at which the records required by this part may be made available. A post office box address does not satisfy this requirement.

(c) If the producer is an organization, the statement shall also contain the title and business address of the person who is responsible for maintaining the records required by this part.

(d) The information contained in the statement must be accurate as of the date on which the book, magazine, periodical, film, videotape, digitally or computer-manipulated image, digital image, picture, or other matter is produced or reproduced.

(e) For the purposes of this section, the required statement shall be displayed in typeface that is no less than 12-point type or no smaller than the second-largest typeface on the material and in a color that clearly contrasts with the background color of the material. For any electronic or other display of the notice that is limited in time, the notice must be displayed for a sufficient duration and of a sufficient size to be capable of being read by the average viewer.

(f) If the producer contracts with a non-employee custodian of records to serve as the person responsible for maintaining his records, the statement shall contain the name and business address of that custodian and may contain that information in lieu of the information required in paragraphs (b)(3) and (c) of this section.

[Order No. 2765-2005, 70 FR 29619, May 24, 2005, as amended at 73 FR 77470, Dec. 18, 2008]

Notes of Decisions

Cited in 10 cases, 1994–2018 · leading case: Connection Distrib. Co. v. Holder, 557 F.3d 321 (6th Cir. 2009).

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Connection Distrib. Co. v. Holder, 557 F.3d 321 (6th Cir. 2009). · cites it 4× “§ 2257 (e); see also 28 C.F.R. § 75.6 . The requirements of the Act together with the implementing regulations apply to "primary" and "secondary" "producers" of sexually explicit images.”

Am. Library Ass'n v. Janet Reno, Attorney Gen. of the United States Dep't of Just., 33 F.3d 78 (D.C. Cir. 1994). · cites it 3× “” 28 C.F.R. § 75.6 (a). Organizations must also include in the statement “the name, title, and business address of the individual .”

Connection Distrib. Co. v. Keisler, 505 F.3d 545 (6th Cir. 2007). · cites it 4× “§ 2257 (e) (2006); 28 C.F.R. § 75.6 (a), (b). The statement must be in at least 12-point font or no smaller than the second-largest typeface on the material, and it must be printed in a color that contrasts with the background.”

Free Speech Coalition, Inc. v. Holder, 729 F. Supp. 2d 691 (E.D. Pa. 2010). “2 (a)(4)’s requirement that “[t]he primary producer shall create a record of the date of original production of the depiction” applies “only to recordings occurring after the effective date of the regulations”; and (3) how 28 C.F.R. § 75.6 (a)’s requirement that the statement…”

Free Speech Coalition v. Gonzales, 406 F. Supp. 2d 1196 (D. Colo. 2005). “at 150228; 28 C.F.R. § 75.6 (1992). 12 . For instance, the expert asserted that a large website, that offered 40,000 videos on its site, could comply by purchasing $600 worth of additional hard drives, and that websites that offer only still pictures could comply by purchasing…”

Free Speech Coalition v. Gonzales, 483 F. Supp. 2d 1069 (D. Colo. 2007). “Claim 20 28 C.F.R. § 75.6 (b)(2) requires producers to affix to copies of sexually explicit depictions “[t]he date of production, manufacture, publication, duplication, reproduction, or reissuance of the matter.”

Am. Library Ass'n v. Janet Reno, Attorney Gen. of the United States Dep't of Just., 47 F.3d 1215 (D.C. Cir. 1995). “§ 2257 (e); 28 C.F.R. § 75.6 , § 75.8. A violation of these record-keeping requirements is a felony.”

Free Speech Coal., Inc. v. Sessions, 314 F. Supp. 3d 678 (E.D. Pa. 2018). “" 28 C.F.R. 75.6(e). An entire subsection of the Regulations concerns the location of the required statement as to various media, see 28 C.”

Connection Distr v. Gonzales (6th Cir. 2007). · cites it 2× “§ 2257 (e) (2006); 28 C.F.R. § 75.6 (a), (b). The statement must be in at least 12-point font or no smaller than the second-largest typeface on the material, and it must be printed in a color that contrasts with the background.”

Connection Distr v. Eric H. Holder, Jr. (6th Cir. 2009). · cites it 2× “§ 2257 (e); see also 28 C.F.R. § 75.6 . The requirements of the Act together with the implementing regulations apply to “primary” and “secondary” “producers” of sexually explicit images.”

— 28 C.F.R. § 75.6(e) — 1 case

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