18 U.S.C. 2257 Record-Keeping Requirements Compliance Statement

In compliance with the Federal Labeling and Record-Keeping Law (also known as 18 U.S.C. 2257), all models located within this domain were 18 years of age or older during the time of photography. All models proof of age is held by the custodian of records, which is listed below organized by producer. All content and images are in full compliance with the requirements of 18 U.S.C. 2257 and associated regulations.

I represent NS Cash. We received your inquiry concerning copies of records for secondary producers. I am very familiar with 18 U.S.C. § 2257 in my capacities as a First Amendment and criminal defense practitioner, the Chairman Emeritus of the First Amendment Lawyers Association and the Chair of the Board of the industry’s trade association, the Free Speech Coalition. I write this letter exclusively in my capacity as NS Cash’s attorney.

Despite General Gonzalez’ efforts at reviving the concept of "secondary producers" in the most recent version of regulations in support of 18 U.S.C. § 2257, the concept is not supported by the statute itself. The only case addressing the issue, Sundance Assocs. Inc. v. Reno, 139 F.3d 804, 807 (10th Cir.1998), held that the "secondary producer" requirements of the regulations to be unconstitutional. We rely on that holding, and further decline to violate the privacy of the performing artists by disseminating private data when not required to do so by law.

If you have any questions regarding this policy, please do not hesitate to call, or have your attorney do so.