Frequently Asked Questions

By using 2257Sentry you don’t have to publish your name and address on your website and content or worry that you're not following the strict record keeping rules. The structure of the 2257Sentry platform was designed by an attorney to meet the specific requirements of the 2257 Rules.

The 2257 Rules require both “primary” and “secondary” producers of content that includes a visual depiction of an actual human being engaged in actual or simulated sexually explicit conduct to maintain records. A primary producer is any person who actually films, videotapes, photographs, or creates a digitally- or computer-manipulated image, a digital image, or a picture of, or who digitizes an image of such content. A secondary producer is any person who produces, assembles, manufactures, publishes, duplicates, reproduces, or reissues a book, magazine, periodical, film, videotape, or 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 or simulated 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 or simulated sexually explicit conduct, including any person who enters into a contract, agreement, or conspiracy to do any of the foregoing.

Most social networking sites would not be covered by the rule because its definition of "produces" excludes "the transmission, storage, retrieval, hosting, formatting, or translation (or any combination thereof) of a communication, without selection or alteration of the communication." Social networking sites would not then normally need to comply with the rule's record-keeping requirements, labeling requirements, or be required to maintain information concerning their users, and the rule would therefore have no effect on the operations of the site. However, users of social networking sites who post sexually explicit activity on "adult" networking sites may well be primary or secondary producers. Therefore, users of social networking sites may be subject to the rule, depending on their conduct.

Each producer must check a picture identification card issued by a United States or State government entity for a performer who is an American citizen, whether the production occurs in the United States or abroad. The identification card must contain the performer's date of birth. A producer abroad may rely on foreign government identification cards for foreign performers, but must maintain a copy of that identification. A producer may not rely on a foreign identification card for a foreign citizen when production occurs in the United States, but must check a United States identification card in that circumstance.

Yes. All information on a performer (such as home address and Social Security number) may be redacted other than the name, date of birth, and information that identifies the type and validity of the picture identification card (e.g., driver’s license or passport number).

The producer must record the date of original production. A performer need not be 18 as of the date of original production as long as the performer is 18 when he or she is first depicted in actual or simulated sexually explicit conduct. Producers who keep records demonstrating that performers are 18 as of the date of original production conform to the rule, as will records demonstrating that the performer was 18 on the first date that the performer was actually filmed for the production at issue.

The single and earliest of those dates.

What is the date of original production for productions that consistof compilations of earlier produced material?

At the time that the producer examines the identification document.

A secondary producer is not required to check identification requirements. The secondary producer is required to maintain records that identify the primary producer for any depiction and verify that the primary producer checked the legal age of performers prior to the date of original production.

No. The producer may retain the required records in electronic form.

No, a third party like 2257Sentry can retain the records.

Each page must contain a label stating where the records required to be maintained may be located. Although the producer need not provide the label on every page of the website that contains actual or simulated sexually explicit material, the regulation requires that if the full label does not appear on each such page, then a hypertext link to the required statement appear on each such page. Further, the name of the individual required to be listed on the disclosure statement may consist only of the title of the individual rather than a specified person. Finally, for a DVD which contains multiple depictions, the disclosure statement may be located in a single place covering all depictions on the DVD.

Entities seeking to claim the exemption may certify for itself and for all sub-entities that it owns or controls. Both United States and foreign entities may certify. In the case of a certification by a foreign entity, the foreign entity, which may be unlikely to collect and maintain information in accordance with United States federal and state tax and other laws, may certify that it maintains the required information in accordance with their foreign equivalents. The certification is to be signed by the chief executive officer of the entity making the certification, or in the event an entity does not have a chief executive officer, the senior manager responsible for overseeing the entity's activities. A producer of materials not covered by the certification regime as well as materials covered by the certification regime is not disqualified from using the certification regime for materials covered by the certification regime. Those entities who wish to use the certification process must file an initial certification within 180 days after publication of the 2008 final rule, that is, by June 16, 2009. This will provide sufficient time for entities to determine if they wish to certify and come into compliance with the certification requirements. Initial certifications of producers who begin production after the expiration of the 180 day period are due within 60 days of the start of production. See, 28 C.F.R. § 75.9.

Certifications that are knowingly and willingly false subject the signer to criminal prosecution for making a false statement regarding a matter within the jurisdiction of the U.S. government.

The certification must (1) outline the statutoryb as is for eligibility for the safe harbor;

(2) state in specified language that in the regular course of business, the producer and sub-entities collect and maintain individually identifiable information concerning all performers; and, if appropriate, (3) state in specified language that the visual depictions we reproduced outside the United States,but that either records were kept by the foreign

producer on foreign performer sor that the U.S.producer took reason able steps to confirm that foreign performers were not minors. See 28C.F.R.§75.9(b)and(c)for the form and specific content of the certification.

Certifications that are knowingly and willingly false subject the signer to criminal prosecution for making a false statement regarding a matter within the jurisdiction of the U.S. government.

The certification must:

(1) outline the statutory basis for eligibility for the safe harbor;

(2) state in specified language that in the regular course of business, the producer and sub-entities collect and maintain individually identifiable information concerning all performers; and, if appropriate, (3) state in specified language that the visual depictions we reproduced outside the United States, but that either records were kept by the foreign producer on foreign performers or that the U.S. producer took reasonable steps to confirm that foreign performers were not minors. See 28 C.F.R.§75.9(b) and (c) for the form and specific content of the certification.

The record keeping requirements take effect at the same time as the certification regime. Producers who are eligible for the certification will be able to make such certifications without the necessity of having to comply with the record keeping requirements.

The Department ensured that the regulatory requirements applicable to depictions of actual sexually explicit conduct consisting of lascivious exhibition of the genitals apply starting on the date of availability of the statutorily provideds a feharbor.It also permitted third-party custodians, rather than producers themselves, to hold required records, and it permitted records to be maintained digitally. In addition, it permitted the labeling requirement to be complied with through hyperlinks on Internet depictions. Finally, the Department adopted a simpler certification regime than originally proposed.

No, we cannot provide legal advice regarding your specific circumstances. You are encouraged to retain a qualified attorney to discuss your legal obligations.