USC 2257
18 USC 2257 Record-Keeping Requirements Compliance Statement
Rackhunter.com provides distribution, advertising, and editorial services for a large number of adult-oriented websites for which Rackhunter.com is neither a “primary producer” or “secondary producer”. As a distributor of advertising content, Rackhunter.com is exempt from some of the requirements of 18 USC 2257 since according to 28 C.F.R. § 75.1(c)(4)(ii), “producer” does not include persons whose activities relating to the visual depiction of actual sexually explicit conduct are limited to “mere distribution.” As an advertiser, Rackhunter.com is exempt from some of the requirements of 18 USC 2257 since 28 C.F.R. § 75.1(c)(4)(iii), exempts “[a]ny activity, other than those activities identified in paragraphs (c) (1) and (2) of this section (28 C.F.R. § 75.1), that does not involve the hiring, contracting for, managing, or otherwise arranging for the participation of the depicted performers.” and since 28 C.F.R. § 75.1(k) exempts Rackhunter.com as an advertiser under the “Manager” definition of a “secondary producer” since “Manage content … does not mean those who manage solely advertising, compliance with copyright law, or other forms of non-sexually explicit content.”
In regards to any content on Rackhunter.com, the following statements apply:
All visual depictions displayed on Rackhunter.com, whether of actual sexually explicit conduct, simulated sexual content or otherwise, are visual depictions of persons who were at least 18 years of age when those visual depictions were created.
All other visual depictions displayed on Rackhunter.com are exempt from 8 USC 2257 and 28 C.F.R. § 75 because said visual depictions are not visual depictions of conduct specifically listed in 18 USC Section 2256 (2) (A)-(D), but are merely depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct, or are otherwise exempt because the visual depictions were created prior to November 1, 1990, or were produced, manufactured, published, duplicated, reproduced, or reissued before May 26, 1992.
The owners and operators of Rackhunter.com are not the “primary producer” or “secondary producer” of all the visual content contained on Rackhunter.com.