18 U.S.C. 2257 Record Keeping
18 U.S.C. 2257 RECORD KEEPING COMPLIANCE STATEMENT
This Download-XXX-Movies.com website (“Website”) fully complies with the record keeping requirements of 18 U.S.C. § 2257 and 28 C.F.R. Part 75. All models, actresses, performers and other persons appearing in content depicting sexually explicit conduct, as defined by 18 U.S.C. § 2256(B), on this Website were 18 years of age or older at the time of the creation of the original images and video.
All other depictions are exempt from the record keeping requirements of 18 U.S.C. 2257 pursuant to 28 C.F.R. § 75.7 because such images and video do not depict sexually explicit conduct but only depict non-sexually explicit nudity. Nevertheless, all models, actresses, performers and other persons depicted in the exempt content of the Website were 18 or older at the time of the creation of the original images and video.
The owners and operators of this Website are not the primary producer or secondary producer, as such terms are defined by 28 C.F.R. § 75.1(c), of any of the visual content in the Website, based on the reasoning of the United States Court of Appeals for the Tenth Circuit in Sundance Associates, Inc. v. Reno, 139 F.3d 804 (10 th Cir. 1998). The Sundance Court held that the plain language of 18 U.S.C. § 2257 “clearly exempts persons whose activities include mere distribution or any other activity which does not involve the hiring, contracting for, managing or otherwise arranging for the participation of the performers depicted.” 139 U.S.C. at 808.