Sec. 502. OTHER RECORD KEEPING REQUIREMENTS
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## SEC. 502 OTHER RECORD KEEPING REQUIREMENTS ###
(a)In General Section 2257 of title 18, United States Code, is amended— ####
(1)in subsection (a), by inserting after “videotape,” the following: “digital image, digitally- or computer-manipulated image of an actual human being, picture,”; ####
(2)in subsection (e)(1), by adding at the end the following: “In this paragraph, the term ‘**copy**’ includes every page of a website on which matter described in subsection
(a)appears.”; ####
(3)in subsection (f), by— #####
(A)in paragraph (3), by striking “and” after the semicolon; #####
(B)in paragraph (4), by striking the period and inserting “; and”; and #####
(C)by adding at the end the following: > > #### “(5) > > for any person to whom subsection
(a)applies to refuse to permit the Attorney General or his or her designee to conduct an inspection under subsection (c).” > ; and ####
(4)by striking subsection
(h)and inserting the following: > > ### “(h) > > In this section— > > > #### “(1) > > the term ‘**actual sexually explicit conduct**’ means actual but not simulated conduct as defined in clauses
(i)through
(v)of section 2256(2)(A) of this title; > > > #### “(2) > > the term ‘**produces**’— > > > ##### “(A) > > means— > > > ###### “(i) > > actually filming, videotaping, photographing, creating a picture, digital image, or digitally- or computer-manipulated image of an actual human being; > > > ###### “(ii) > > digitizing an image, of a visual depiction of sexually explicit conduct; or, assembling, manufacturing, publishing, duplicating, reproducing, or reissuing a book, magazine, periodical, film, videotape, digital image, or picture, or other matter intended for commercial distribution, that contains a visual depiction of sexually explicit conduct; or > > > ###### “(iii) > > inserting on a computer site or service a digital image of, or otherwise managing the sexually explicit content, of a computer site or service that contains a visual depiction of, sexually explicit conduct; and > > > ##### “(B) > > does not include activities that are limited to— > > > ###### “(i) > > photo or film processing, including digitization of previously existing visual depictions, as part of a commercial enterprise, with no other commercial interest in the sexually explicit material, printing, and video duplication; > > > ###### “(ii) > > distribution; > > > ###### “(iii) > > any activity, other than those activities identified in subparagraph (A), that does not involve the hiring, contracting for, managing, or otherwise arranging for the participation of the depicted performers; > > > ###### “(iv) > > the provision of a telecommunications service, or of an Internet access service or Internet information location tool (as those terms are defined in section 231 of the Communications Act of 1934 (47 U.S.C. 231)); or > > > ###### “(v) > > the transmission, storage, retrieval, hosting, formatting, or translation (or any combination thereof) of a communication, without selection or alteration of the content of the communication, except that deletion of a particular communication or material made by another person in a manner consistent with section 230(c) of the Communications Act of 1934 (47 U.S.C. 230(c)) shall not constitute such selection or alteration of the content of the communication; and > > > #### “(3) > > the term ‘**performer**’ includes any person portrayed in a visual depiction engaging in, or assisting another person to engage in, sexually explicit conduct.” > . ###
(b)Construction **[**[18 U.S.C. 2257 note](/us/usc/t18/s2257)**]** The provisions of section 2257 shall not apply to any depiction of actual sexually explicit conduct as described in clause
(v)of section 2256(2)(A) of title 18, United States Code, produced in whole or in part, prior to the effective date of this section unless that depiction also includes actual sexually explicit conduct as described in clauses
(i)through
(iv)of section 2256(2)(A) of title 18, United States Code.
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