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Accordingly, the Attorney General amends chapter I of title 28 of the 
Code of Federal Regulations as follows:
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1. Part 75 of title 28 CFR is revised to read as follows:

[[Page 29619]]

PART 75--CHILD PROTECTION RESTORATION AND PENALTIES ENHANCEMENT ACT 
OF 1990 AND PROTECT ACT; RECORD-KEEPING AND RECORD INSPECTION 
PROVISIONS

Sec.
75.1 Definitions.
75.2 Maintenance of records.
75.3 Categorization of records.
75.4 Location of records.
75.5 Inspection of records.
75.6 Statement describing location of books and records.
75.7 Exemption statement.
75.8 Location of the statement.

    Authority: 18 U.S.C. 2257.


Sec.  75.1  Definitions.

    (a) Terms used in this part shall have the meanings set forth in 18 
U.S.C. 2257, and as provided in this section. The terms used and 
defined in these regulations are intended to provide common-language 
guidance and usage and are not meant to exclude technologies or uses of 
these terms as otherwise employed in practice or defined in other 
regulations or federal statutes (i.e., 47 U.S.C. 230, 231).
    (b) Picture identification card means a document issued by the 
United States, a State government or a political subdivision thereof, 
or a United States territory, that bears the photograph and the name of 
the individual identified, and provides sufficient specific information 
that it can be accessed from the issuing authority, such as a passport, 
Permanent Resident Card (commonly known as a ``Green Card''), or other 
employment authorization document issued by the United States, a 
driver's license issued by a State or the District of Columbia, or 
another form of identification issued by a State or the District of 
Columbia; or, a foreign government-issued equivalent of any of the 
documents listed above when both the person who is the subject of the 
picture identification card and the producer maintaining the required 
records are located outside the United States.
    (c) Producer means any person, including any individual, 
corporation, or other organization, who is a primary producer or a 
secondary producer.
    (1) A primary producer is any person who actually films, 
videotapes, photographs, or creates a digitally- or computer-
manipulated image, a digital image, or picture of, or digitizes an 
image of, a visual depiction of an actual human being engaged in actual 
sexually explicit conduct.
    (2) A secondary producer is any person who produces, assembles, 
manufactures, publishes, duplicates, reproduces, or reissues a book, 
magazine, periodical, film, videotape, 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 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 sexually 
explicit conduct, including any person who enters into a contract, 
agreement, or conspiracy to do any of the foregoing.
    (3) The same person may be both a primary and a secondary producer.
    (4) Producer does not include persons whose activities relating to 
the visual depiction of actual sexually explicit conduct are limited to 
the following:
    (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 duplicators;
    (ii) Mere distribution;
    (iii) Any activity, other than those activities identified in 
paragraphs (c) (1) and (2) of this section, that does not involve the 
hiring, contracting for, managing, or otherwise arranging for the 
participation of the depicted performers;
    (iv) A provider of web-hosting services who does not, and 
reasonably cannot, manage the sexually explicit content of the computer 
site or service; or
    (v) A provider of an electronic communication service or remote 
computing service who does not, and reasonably cannot, manage the 
sexually explicit content of the computer site or service.
    (d) Sell, distribute, redistribute, and re-release refer to 
commercial distribution of a book, magazine, periodical, film, 
videotape, digitally- or computer-manipulated image, digital image, 
picture, or other matter that contains a visual depiction of an actual 
human being engaged in actual sexually explicit conduct, but does not 
refer to noncommercial or educational distribution of such matter, 
including transfers conducted by bona fide lending libraries, museums, 
schools, or educational organizations.
    (e) Copy, when used:
    (1) In reference to an identification document or a picture 
identification card, means a photocopy, photograph, or digitally 
scanned reproduction, and
    (2) When used in reference to a sexually explicit depiction means 
the sexually explicit image itself (e.g., a film, an image posted on a 
web page, an image taken by a webcam, a photo in a magazine, etc.).
    (f) Internet means collectively the myriad of computer and 
telecommunications facilities, including equipment and operating 
software, which constitute the interconnected world-wide network of 
networks that employ the Transmission Control Protocol/Internet 
Protocol, or any predecessor or successor protocols to such protocol, 
to communicate information of all kinds by wire or radio.
    (g) Computer site or service means a computer server-based file 
repository or file distribution service that is accessible over the 
Internet, World Wide Web, Usenet, or any other interactive computer 
service (as defined in 47 U.S.C. 230(f)(2)). Computer site or service 
includes without limitation, sites or services using hypertext markup 
language, hypertext transfer protocol, file transfer protocol, 
electronic mail transmission protocols, similar data transmission 
protocols, or any successor protocols, including but not limited to 
computer sites or services on the World Wide Web.
    (h) URL means uniform resource locator.
    (i) Electronic communications service has the meaning set forth in 
18 U.S.C. 2510(15).
    (j) Remote computing service has the meaning set forth in 18 U.S.C. 
2711(2).
    (k) Manage content means to make editorial or managerial decisions 
concerning the sexually explicit content of a computer site or service, 
but does not mean those who manage solely advertising, compliance with 
copyright law, or other forms of non-sexually explicit content.
    (l) Interactive computer service has the meaning set forth in 47 
U.S.C. 230(f)(2).