Jason Schultz forwards this news:
The House of Representatives approved H.R. 3132, the Children's Safety Act, on a vote of 371 to 52, that would amend the recordkeeping provisions of 18 U.S.C. § 2257 (currently requiring records to be kept of the ages and other information of performers in visual depictions of actual sexually explicit conduct). It now awaits action in the Senate and the Judiciary Committee is working on a companion bill.
The measure would change current federal recordkeeping requirements as follows:
1. Adding simulated conduct. Under current law, the recordkeeping requirements apply only to visual depictions of "actual sexually explicit conduct." 18 U.S.C. § 2257(a)(1) (emphasis added). Under the proposed amendment, the qualifier "actual" would be dropped.
2. Expanding the category of "sexually explicit conduct." The law previously defined "sexually explicit conduct" to mean (1) sexual intercourse, (2) bestiality, (3) masturbation, or (4) sadistic or masochistic abuse. The amendment would expand that category to include "lascivious exhibition of the genitals or pubic area."
3. Expanding the definition of "produces." The current recordkeeping requirements apply to any entity that "produces"material containing visual depictions of sexually explicit conduct. H.R. 3132 would define "produces" broadly to mean, among other things, "filming, . . . assembling, manufacturing, publishing, duplicating, reproducing, or reissuing a . . . film, videotape, digital image, or picture." The proposed definition is more expansive than existing law because it would eliminate the current definition's exception for "activity which does not involve hiring, contracting for, managing, or otherwise arranging for the participation of the performers depicted."
The actual language of the Pence Amendment is here: (PDF Link)
As this Hollywood Reporter article points out, this isn't just about pornography. That "simulated conduct" bit could chill creative expression in non-"adult" movies and television, too:
The provision added to the Children's Safety Act of 2005 would require any film, TV show or digital image that contains a sex scene to come under the same government filing requirements that adult films must meet. Currently, any filmed sexual activity requires an affidavit that lists the names and ages of the actors who engage in the act. The film is required to have a video label that claims compliance with the law and lists where the custodian of the records can be found. The record-keeping requirement is known as Section 2257, for its citation in federal law. Violators could spend five years in jail.
Under the provision inserted into the Children's Safety Act, the definition of sexual activity is expanded to include simulated sex acts like those that appear in many movies and TV shows.
