New effort to curb access of Internet
pornography by children; S1507 Also USC 2257
enforcement S2426 H5319-DOPA, April’s Law, PROTECT Act
Note: See announcement about Wordpress blog at bottom of this page.
On
One organization that is particularly vocal about this is Enough is Enough. A sister site is http://www.protectkids.com/
The spokesperson for the effort on the NBC program as Colby May.
Apparently there is a new bill in Congress that would require adult-id verification by sites offering pornography. Apparently this would differ from COPA in that the triggering content would be "pornography" and not "harmful to minors."
According to proponents of tougher legislation, the number of pornographic websites has increased from 14 million in 1998 to 428 million in 2005. 44% of a teenage boys have reportedly visited pornographic sites. 97% of pornographic sites do require adult verification, but proponents claim that these are charades. (In my own investigations in connection with COPA, I found that most pornography sites really did require credit card payment for most of their content. I would stop before an actual purchase. Many sites had a couple of pornographic "teasers" however. Supposedly, only persons over 18 would have credit cards, but this is not true in practice.
Proponents claim that there are new verification services like "Verify Me" that check age by whether a person has filed a tax return, has credit cards, has a credit score, etc. Of course, websites that accepted verification information would have to be careful that they did not incur downstream liability if hackers stole information for identity theft, so any such system would have to be designed carefully. I have not been able to find an operational website for this verification service yet.
Senator Blanche Lincoln (D-AR) has introduced the Internet Safety and Child Protection Act of 2005. It would require age verification of pornographic websites, prohibit credit card companies from processing transactions without age verification tags, pass a 25% tax on pornographic transactions and establish an "Internet Safter and Child Protection Trust Fund." The Act so far is somewhat nonspecific as to how with would determine what is a pornographic web site in a gray area situation (I hope that does not include this site!!), and enforcement would be left with the Federal Trade Commission. There are troubling concerns that verification schemes could invite identity theft liability problems.
http://lincoln.senate.gov/press_show.cfm?id=241537
http://lincoln.senate.gov/pdf/Internetchild.pdf
The text of the bill is at http://thomas.loc.gov/cgi-bin/query/z?c109:S.1507: (You may have to re-enter the URL to get the query to run and display the entire page; paste into your browser.) Or try http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=109_cong_bills&docid=f:s1507is.txt.pdf
Here is a copy of the text:
Internet Safety and Child
Protection Act of 2005 (Introduced in Senate)
S 1507 IS
109th CONGRESS
1st Session
S. 1507
IN THE SENATE OF
THE UNITED STATES
Mrs. LINCOLN (for herself, Mr. CARPER, Mr. PRYOR, Ms. LANDRIEU, Mr. LIEBERMAN, Mr. SALAZAR, Ms. STABENOW, Mr. BAYH, and Mr. CONRAD) introduced the following bill; which was read twice and referred to the Committee on Finance
A BILL
Be it enacted by the Senate and
House of Representatives of the
This Act may be cited as the `Internet Safety and Child Protection Act of 2005'.
The purpose of this Act is to--
(1) set tighter age verification standards to block minors from entering Internet pornography sites; and
(2) provide funding and support to law enforcement efforts to combat Internet and pornography-related crimes against children.
(a) In General- An operator of a regulated pornographic Web site shall verify that any user attempting to access their site is 18 years of age or older using software certified for that purpose by the Commission.
(b) Requirement- The age verification required by this section shall take place prior to the display of any pornographic material, including free content that may be available prior to the purchase of a subscription or product.
A bank, credit card company, third-party merchant, Internet payment service provider, or business that performs financial transactions for a regulated pornographic Web site shall only process age-verified Internet pornography credit card transactions for sales carried out in accordance with this title.
The Commission shall--
(1) require each regulated pornographic Web site to--
(A) use appropriate age-screening software to carry out this title; and
(B) use that software correctly and consistently through such means as conducting periodic tests trying to access the Web site without appropriate age verifications; and
(2) in coordination with the Department of Justice and other Federal agencies, maintain a list of regulated pornographic Web sites that are not in compliance with section 101.
(a) Unfair or Deceptive Acts or Practices- A violation of section 101 shall be treated as a violation of section 18 of the Federal Trade Commission Act (15 U.S.C. 57a) regarding unfair or deceptive acts or practices.
(b) Powers of Commission- The Commission shall issue and enforce the regulations for the enforcement of section 101 in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this title. Any person who violates such regulations shall be subject to the penalties provided in that title.
In this title:
(1) COMMISSION- The term `Commission' means the Federal Trade Commission.
(2) REGULATED PORNOGRAPHIC
(a) In General- Chapter 33 of the Internal Revenue Code of 1986 (relating to facilities and services) is amended by inserting after subchapter C the following new subchapter:
`Sec.
4285. Internet display or distribution of pornography.
`(a) Imposition of Tax- There is imposed on amounts charged by a regulated pornographic Web site for individuals to receive the display or distribution of pornography through the Internet a tax equal to 25 percent of the amounts so charged.
`(b) Payment of Tax- The tax imposed by this section shall be paid by the operator of the regulated pornographic Web site receiving payment for the display or distribution taxed under subsection (a).
`(c) Definitions- In this section:
`(1) PORNOGRAPHY- The term `pornography' has the same meaning as defined in section 2256(2) of title 18, United States Code.
`(2)
REGULATED PORNOGRAPHIC
(b) Conforming Amendment- The table of subchapters for chapter 33 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item:
(c) Effective Date- The amendments
made by this section shall take effect on
(a) In General- There is established in the Treasury the Internet Safety and Child Protection Trust Fund (referred to in this subtitle as the `trust fund') into which shall be deposited all taxes collected under section 4285 of the Internal Revenue Code of 1986.
(b) Availability of Amounts- Amounts deposited into the trust fund shall be available to carry out the programs provided in section 212, subject to annual appropriations.
(a) Priorities- Amounts available in the trust fund shall be allocated on a priority basis as follows:
(1) ENFORCEMENT OF THIS ACT- The first priority for the use of amounts in the trust fund shall be to provide funding for the appropriate Federal agencies to carry out the enforcement of sections 103, 104, and 201 of this Act. Funding may also be used to promote the development of technology that would facilitate the enforcement of this Act.
(2) DEPARTMENT OF JUSTICE CYBER TIP-LINE- The second priority for the use of amounts in the trust fund shall be to provide funds to the Office of Juvenile Justice and Delinquency Prevention to ensure that the congressionally-mandated cyber tip line is fully operational and staffed 24 hours a day.
(3) INTERNET CRIMES AGAINST CHILDREN TASK FORCE- The third priority for the use of amounts in the trust fund shall be to provide funds to States to support 1 Internet Crimes Against Children Task Force center per 5,000,000 State residents, with each State receiving sufficient funding to support at least 1 center and no State receiving funding for more than 7 centers.
(4) RESEARCH
(A) IN GENERAL- The fourth priority for the use of amounts in the trust fund is to establish a competitive grant process for companies and other organizations who work in the technology field to support the research and development into new filtering technologies that will help parents control children's access to inappropriate content via wireless and other emerging technologies.
(B) SET ASIDE- The Attorney General shall allocate up to 10 percent of annual trust fund revenues to award a minimum of 15 research and development grants under this paragraph.
(5) EDUCATIONAL TRAINING-
(A) IN GENERAL- The fifth priority for the use of amounts in the trust fund shall be to provide relevant State agencies with funds to support educational training contributing to greater child Internet safety and reductions in sex trafficking and sex crimes against children.
(B) CONDITIONS- The program authorized by this paragraph shall be carried out subject to the following conditions:
(i) States shall receive funding amounting to $1 for every resident, with a minimum of $1,000,000 for each State.
(ii) 25 percent of each State's funding shall go to the State education agency to support State and local programs providing child Internet safety training to teachers.
(iii) 30 percent of each State's funding shall go to the State Attorneys' General office to support child Internet safety training for law enforcement, as well as training that enhances the capacity of law enforcement to combat sex trafficking and sex crimes against children.
(iv) 10 percent of each State's funding shall be allocated to the Governor's office to develop and implement a coordinated State child internet safety strategy.
(v) 35 percent of the State funding shall go to the relevant State agency to support Public Service Announcements promoting child Internet safety.
(6) REMAINING AMOUNTS- After fully funding the priorities established in paragraphs (1) through (5) for a fiscal year any remaining amounts shall be allocated as follows:
(A) FEDERAL AGENCY SUPPORT- 50 percent of remaining amounts shall be used to provide funding to support child Internet safety activities, as well as activities combating sex trafficking and sex crimes against children, on the part of the following Federal agencies:
(i) Department of Justice.
(ii) Department of Commerce.
(iii) Department of Defense.
(iv) Department of Education.
(v) Department of Health and Human Services.
(vi) Department of State.
(vii) Department of Homeland Security.
(viii) Department of Treasury.
(ix) Department of Agriculture.
(x)
(xi) Federal Trade Commission.
(xii) Federal Communications Commission.
(xiii) National Aeronautics and Space Administration.
(B) PRIVATE ENTITIES-
(i) IN GENERAL- 50 percent of remaining amounts shall be allocated through a competitive grant process to international and domestic nongovernmental organizations and not-for-profits, to support work promoting child Internet safety and combating sex trafficking and sex crimes against children.
(ii) DETAILS- The Attorney General shall--
(I) publish guidance in the Federal Register describing the variety and scope of organizational work to be funded under this subparagraph in a fiscal year and soliciting grant proposals under this subparagraph; and
(II) allocate funds on the basis of a competitive grant process.
(iii) FUNDING LIMIT- For every $1 allocated for international work under this subparagraph, the Attorney General shall allocate $2.5 dollars for domestic work.
(b) Grant Programs-
(1) IN GENERAL- The Attorney General shall carry out this section.
(2) TERMS
Amounts remaining in the trust fund after the programs authorized in section 212 are funded shall be returned to the Treasury and applied to deficit reduction.
I will provide more detailed information about this matter as I develop it.
U. S. C. 2257, Record
Keeping Requirements for Pornographic Media
Dyana Bagby reported in The
Washington Blade,
H.R. 4623 The Child Obscenity and Pornography Prevention Act, filed
Mark Pryor (AR) and Max Baucus (MT) (Democrats) proposed “XXX” domain
Here is the link from Electronic Frontier Foundation on the problem:
Bill’s status: http://thomas.loc.gov/cgi-bin/query/D?c109:1:./temp/~c109Q6HTiT:: (you may have to go to http://thomas.loc.gov and re-enter the search)
Even so. ICANN has apparently shelved plans to use
.xxx as a
2257 text is at http://www4.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00002257----000-.html
§ 2257. Record keeping requirements
(a) Whoever produces any book, magazine, periodical, film, videotape, or other matter which—
(1) contains one
or more visual depictions made after
(2) is produced in whole or in part with materials which have been mailed or shipped in interstate or foreign commerce, or is shipped or transported or is intended for shipment or transportation in interstate or foreign commerce;
shall create and maintain individually identifiable records pertaining to every performer portrayed in such a visual depiction.
(b) Any person to whom subsection (a) applies shall, with respect to every performer portrayed in a visual depiction of actual sexually explicit conduct—
(1) ascertain, by examination of an identification document containing such information, the performer’s name and date of birth, and require the performer to provide such other indicia of his or her identity as may be prescribed by regulations;
(2) ascertain any name, other than the performer’s present and correct name, ever used by the performer including maiden name, alias, nickname, stage, or professional name; and
(3) record in the records required by subsection (a) the information required by paragraphs (1) and (2) of this subsection and such other identifying information as may be prescribed by regulation.
(c) Any person to whom subsection (a) applies shall maintain the records required by this section at his business premises, or at such other place as the Attorney General may by regulation prescribe and shall make such records available to the Attorney General for inspection at all reasonable times.
(1) No information or evidence obtained from records required to be created or maintained by this section shall, except as provided in this section, directly or indirectly, be used as evidence against any person with respect to any violation of law.
(2) Paragraph (1) of this subsection shall not preclude the use of such information or evidence in a prosecution or other action for a violation of this chapter or chapter 71, or for a violation of any applicable provision of law with respect to the furnishing of false information.
(1) Any person to whom subsection (a) applies shall cause to be affixed to every copy of any matter described in paragraph (1) of subsection (a) of this section, in such manner and in such form as the Attorney General shall by regulations prescribe, a statement describing where the records required by this section with respect to all performers depicted in that copy of the matter may be located.
(2) If the person to whom subsection (a) of this section applies is an organization the statement required by this subsection shall include the name, title, and business address of the individual employed by such organization responsible for maintaining the records required by this section.
(1) for any person to whom subsection (a) applies to fail to create or maintain the records as required by subsections (a) and (c) or by any regulation promulgated under this section;
(2) for any person to whom subsection (a) applies knowingly to make any false entry in or knowingly to fail to make an appropriate entry in, any record required by subsection (b) of this section or any regulation promulgated under this section;
(3) for any person to whom subsection (a) applies knowingly to fail to comply with the provisions of subsection (e) or any regulation promulgated pursuant to that subsection; and
(4) for any person knowingly to sell or otherwise transfer, or offer for sale or transfer, any book, magazine, periodical, film, video, or other matter, produce in whole or in part with materials which have been mailed or shipped in interstate or foreign commerce or which is intended for shipment in interstate or foreign commerce, which—
(A) contains one or more visual depictions made after the effective date of this subsection of actual sexually explicit conduct; and
(B) is produced in whole or in part with materials which have been mailed or shipped in interstate or foreign commerce, or is shipped or transported or is intended for shipment or transportation in interstate or foreign commerce;
which does not have affixed thereto, in a manner prescribed as set forth in subsection (e)(1), a statement describing where the records required by this section may be located, but such person shall have no duty to determine the accuracy of the contents of the statement or the records required to be kept.
(g) The Attorney General shall issue appropriate regulations to carry out this section.
(1) the term “actual sexually explicit conduct” means actual but not simulated conduct as defined in subparagraphs (A) through (D) of paragraph (2) of section 2256 of this title;
(2) “identification document” has the meaning given that term in section 1028 (d) of this title;
(3) the term “produces” means to produce, manufacture, or publish any book, magazine, periodical, film, video tape, computer generated image, digital image, or picture, or other similar matter and includes the duplication, reproduction, or reissuing of any such matter, but does not include mere distribution or any other activity which does not involve hiring, contracting for managing, or otherwise arranging for the participation of the performers depicted; and
(4) the term “performer” includes any person portrayed in a visual depiction engaging in, or assisting another person to engage in, actual sexually explicit conduct.
(i)
Whoever violates this section shall be imprisoned for not
more than 5 years, and fined in accordance with the provisions of this title,
or both. Whoever violates this section after having been convicted of a
violation punishable under this section shall be imprisoned for any period of
years not more than 10 years but not less than 2 years, and fined in accordance
with the provisions of this title, or both.
But 2257 is strengthened in 2005 by the
Adam Walsh Child Protection and Safety Act, HR 4472, signed into law
http://www.whitehouse.gov/news/releases/2006/07/20060727-7.html
An article by Joshua Lynsen in The Washington Blade,
The applicable wording seems to start in Section 502:
(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- 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.
(a) In General- Chapter 110 of title 18, United States Code, is amended by inserting after section 2257 the following:
`(a) Whoever produces any book, magazine, periodical, film, videotape, digital image, digitally- or computer-manipulated image of an actual human being, picture, or other matter that--
`(1) contains 1 or more visual depictions of simulated sexually explicit conduct; and
`(2) is produced in whole or in part with materials which have been mailed or shipped in interstate or foreign commerce, or is shipped or transported or is intended for shipment or transportation in interstate or foreign commerce;
shall create and maintain individually identifiable records pertaining to every performer portrayed in such a visual depiction.
`(b) Any person to whom subsection (a) applies shall, with respect to every performer portrayed in a visual depiction of simulated sexually explicit conduct--
`(1) ascertain, by examination of an identification document containing such information, the performer's name and date of birth, and require the performer to provide such other indicia of his or her identity as may be prescribed by regulations;
`(2) ascertain any name, other than the performer's present and correct name, ever used by the performer including maiden name, alias, nickname, stage, or professional name; and
`(3) record in the records required by subsection (a) the information required by paragraphs (1) and (2) and such other identifying information as may be prescribed by regulation.
`(c) Any person to whom subsection (a) applies shall maintain the records required by this section at their business premises, or at such other place as the Attorney General may by regulation prescribe and shall make such records available to the Attorney General for inspection at all reasonable times.
`(d)(1) No information or evidence obtained from records required to be created or maintained by this section shall, except as provided in this section, directly or indirectly, be used as evidence against any person with respect to any violation of law.
`(2) Paragraph (1) shall not preclude the use of such information or evidence in a prosecution or other action for a violation of this chapter or chapter 71, or for a violation of any applicable provision of law with respect to the furnishing of false information.
`(e)(1) Any person to whom subsection (a) applies shall cause to be affixed to every copy of any matter described in subsection (a)(1) in such manner and in such form as the Attorney General shall by regulations prescribe, a statement describing where the records required by this section with respect to all performers depicted in that copy of the matter may be located. In this paragraph, the term `copy' includes every page of a website on which matter described in subsection (a) appears.
`(2) If the person to whom subsection (a) applies is an organization the statement required by this subsection shall include the name, title, and business address of the individual employed by such organization responsible for maintaining the records required by this section.
`(f) It shall be unlawful--
`(1) for any person to whom subsection (a) applies to fail to create or maintain the records as required by subsections (a) and (c) or by any regulation promulgated under this section;
`(2) for any person to whom subsection (a) applies knowingly to make any false entry in or knowingly to fail to make an appropriate entry in, any record required by subsection (b) or any regulation promulgated under this section;
`(3) for any person to whom subsection (a) applies knowingly to fail to comply with the provisions of subsection (e) or any regulation promulgated pursuant to that subsection; or
`(4) for any person knowingly to sell or otherwise transfer, or offer for sale or transfer, any book, magazine, periodical, film, video, or other matter, produced in whole or in part with materials which have been mailed or shipped in interstate or foreign commerce or which is intended for shipment in interstate or foreign commerce, that--
`(A) contains 1 or more visual depictions made after the date of enactment of this subsection of simulated sexually explicit conduct; and
`(B) is produced in whole or in part with materials which have been mailed or shipped in interstate or foreign commerce, or is shipped or transported or is intended for shipment or transportation in interstate or foreign commerce;
which does not have affixed thereto, in a manner prescribed as set forth in subsection (e)(1), a statement describing where the records required by this section may be located, but such person shall have no duty to determine the accuracy of the contents of the statement or the records required to be kept.
`(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).
`(g) As used in this section, the terms `produces' and `performer' have the same meaning as in section 2257(h) of this title.
`(h)(1) The provisions of this section and section 2257 shall not apply to matter, or any image therein, containing one or more visual depictions of simulated sexually explicit conduct, or actual sexually explicit conduct as described in clause (v) of section 2256(2)(A), if such matter--
`(A)(i) is intended for commercial distribution;
`(ii) is created as a part of a commercial enterprise by a person who certifies to the Attorney General that such person regularly and in the normal course of business collects and maintains individually identifiable information regarding all performers, including minor performers, employed by that person, pursuant to Federal and State tax, labor, and other laws, labor agreements, or otherwise pursuant to industry standards, where such information includes the name, address, and date of birth of the performer; and
`(iii) is not produced, marketed or made available by the person described in clause (ii) to another in circumstances such than an ordinary person would conclude that the matter contains a visual depiction that is child pornography as defined in section 2256(8); or
`(B)(i) is subject to the authority and regulation of the Federal Communications Commission acting in its capacity to enforce section 1464 of this title, regarding the broadcast of obscene, indecent or profane programming; and
`(ii) is created as a part of a commercial enterprise by a person who certifies to the Attorney General that such person regularly and in the normal course of business collects and maintains individually identifiable information regarding all performers, including minor performers, employed by that person, pursuant to Federal and State tax, labor, and other laws, labor agreements, or otherwise pursuant to industry standards, where such information includes the name, address, and date of birth of the performer.
`(2) Nothing in subparagraphs (A) and (B) of paragraph (1) shall be construed to exempt any matter that contains any visual depiction that is child pornography, as defined in section 2256(8), or is actual sexually explicit conduct within the definitions in clauses (i) through (iv) of section 2256(2)(A).
`(i)(1) Whoever violates this section shall be imprisoned for not more than 1 year, and fined in accordance with the provisions of this title, or both.
`(2) Whoever violates this section in an effort to conceal a substantive offense involving the causing, transporting, permitting or offering or seeking by notice or advertisement, a minor to engage in sexually explicit conduct for the purpose of producing a visual depiction of such conduct in violation of this title, or to conceal a substantive offense that involved trafficking in material involving the sexual exploitation of a minor, including receiving, transporting, advertising, or possessing material involving the sexual exploitation of a minor with intent to traffic, in violation of this title, shall be imprisoned for not more than 5 years and fined in accordance with the provisions of this title, or both.
`(3) Whoever violates paragraph (2) after having been previously convicted of a violation punishable under that paragraph shall be imprisoned for any period of years not more than 10 years but not less than 2 years, and fined in accordance with the provisions of this title, or both.
`The provisions of this section shall not become effective until 90 days after the final regulations implementing this section are published in the Federal Register. The provisions of this section shall not apply to any matter, or image therein, produced, in whole or in part, prior to the effective date of this section.
`(k) On an annual basis, the Attorney General shall submit a report to Congress--
`(1) concerning the enforcement of this section and section 2257 by the Department of Justice during the previous 12-month period; and
`(2) including--
`(A) the number of inspections undertaken pursuant to this section and section 2257;
`(B) the number of open investigations pursuant to this section and section 2257;
`(C) the number of cases in which a person has been charged with a violation of this section and section 2257; and
`(D) for each case listed in response to subparagraph (C), the name of the lead defendant, the federal district in which the case was brought, the court tracking number, and a synopsis of the violation and its disposition, if any, including settlements, sentences, recoveries and penalties.'.
(b) Chapter Analysis- The chapter analysis for chapter 110 of title 18, United States Code, is amended by inserting after the item for section 2257 the following:
`2257A. Recordkeeping requirements for simulated sexual conduct.'.
Section 3509 of title 18, United States Code, is amended by adding at the end the following:
`(m) Prohibition on Reproduction of Child Pornography-
`(1) In any criminal proceeding, any property or material that constitutes child pornography (as defined by section 2256 of this title) shall remain in the care, custody, and control of either the Government or the court.
`(2)(A) Notwithstanding Rule 16 of the Federal Rules of Criminal Procedure, a court shall deny, in any criminal proceeding, any request by the defendant to copy, photograph, duplicate, or otherwise reproduce any property or material that constitutes child pornography (as defined by section 2256 of this title), so long as the Government makes the property or material reasonably available to the defendant.
`(B) For the purposes of subparagraph (A), property or material shall be deemed to be reasonably available to the defendant if the Government provides ample opportunity for inspection, viewing, and examination at a Government facility of the property or material by the defendant, his or her attorney, and any individual the defendant may seek to qualify to furnish expert testimony at trial.'.
(a) Conforming Forfeiture Procedures for Obscenity Offenses- Section 1467 of title 18, United States Code, is amended--
(1) in subsection (a)(3), by inserting a period after `of such offense' and striking all that follows; and
(2) by striking subsections (b) through (n) and inserting the following:
`(b) The provisions of section 413 of the Controlled Substances Act (21 U.S.C. 853), with the exception of subsections (a) and (d), shall apply to the criminal forfeiture of property pursuant to subsection (a).
`(c) Any property subject to forfeiture pursuant to subsection (a) may be forfeited to the United States in a civil case in accordance with the procedures set forth in chapter 46 of this title.'.
(b) Property Subject to Criminal Forfeiture- Section 2253(a) of title 18, United States Code, is amended--
(1) in the matter preceding paragraph (1)--
(A) by inserting `or who is convicted of an offense under section 2252B of this chapter,' after `2260 of this chapter'; and
(B) by striking `an offense under section 2421, 2422, or 2423 of chapter 117' and inserting `an offense under chapter 109A';
(2) in paragraph (1), by inserting `2252A, 2252B, or 2260' after `2252'; and
(3) in paragraph (3), by inserting `or any property traceable to such property' before the period.
(c) Criminal Forfeiture Procedure- Section 2253 of title 18, United States Code, is amended by striking subsections (b) through (o) and inserting the following:
`(b) Section 413 of the Controlled Substances Act (21 U.S.C. 853) with the exception of subsections (a) and (d), applies to the criminal forfeiture of property pursuant to subsection (a).'.
(d) Civil Forfeiture- Section 2254 of title 18, United States Code, is amended to read as follows:
`Any property subject to forfeiture
pursuant to section 2253 may be forfeited to the
(a) Section 1465- Section 1465 of title 18 of the United States Code is amended--
(1) by inserting `production and' before `transportation' in the heading of the section;
(2) by inserting `produces with the intent to transport, distribute, or transmit in interstate or foreign commerce, or whoever knowingly' after `whoever knowingly' and before `transports or travels in'; and
(3) by inserting a comma after `in or affecting such commerce'.
(b) Section 1466- Section 1466 of title 18 of the United States Code is amended--
(1) in subsection (a), by inserting `producing with intent to distribute or sell, or' before `selling or transferring obscene matter,';
(2) in subsection (b), by inserting, `produces' before `sells or transfers or offers to sell or transfer obscene matter'; and
(3) in subsection (b) by inserting `production,' before `selling or transferring or offering to sell or transfer such material.'.