united-states united-kingdom criminal-law civil-law common-law
Law about adult video websites retaining actors&#39; PII
<p>Pretend there is a British person in the United Kingdom (England &amp; Wales jurisdiction), that for some legally justifiable reason needs to obtain the name (and other information) of a female adult video actress in the United States of America. The video in question is legal (all parties are 18 years or older) and is available on a both well known and popular adult video website.</p>
<p>Are there laws in the United States which obligate adult video websites to retain personal information (such as first and second names) of the actors/actresses in the videos uploaded on their website? If so, could someone please provide them?</p>
<p>I am unsure as to whether it would be a Federal, State, or other law as I am not familiar with the United States legal system. To make an educated guess, I assume it would be Federal since it concerns somebody from outside the US making a request, but I might be wrong.</p>
<p><strong>EDIT:</strong>
As per <strong>Trish</strong> in the comments, if this is something applicable to the film producers rather than the adult video website (or whatever) just inform me accordingly.</p>

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<blockquote>
<p>Are there laws in the United States which obligate adult video
websites to retain personal information (such as first and second
names) of the actors/actresses in the videos uploaded on their
website? If so, could someone please provide them?</p>
</blockquote>
<p>In the U.S. producers of adult material are required to keep information about the age of their performers pursuant to <a href="https://www.law.cornell.edu/uscode/text/18/2257" rel="noreferrer">18 U.S. Code § 2257</a> and <a href="https://www.law.cornell.edu/uscode/text/18/2257A" rel="noreferrer">18 U.S. Code § 2257A</a> which is part of &quot;The Child Protection and Obscenity Enforcement Act of 1988&quot;, and <a href="https://www.ecfr.gov/current/title-28/chapter-I/part-75" rel="noreferrer">28 C.F.R. 75</a> which contains regulations adopted related to that Code section. <em>See also</em> <a href="https://www.justice.gov/criminal-ceos/18-usc-2257-2257a-certifications" rel="noreferrer">U.S. Justice Department commentary</a> on its website. You can read the full text at the links. The information must be retained for seven years after they are created or last amended, unless the business goes out of business less than two years after the records are created or last amended, in which case the records must be maintained for five years after the business ceases to operate.</p>
<p>They key language of  Section 2257 states:</p>
<blockquote>
<p>(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 which—</p>
<p>(1)contains one or more visual depictions made after November 1, 1990
of actual sexually explicit conduct; and</p>
<p>(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;</p>
<p>shall create and maintain individually identifiable records pertaining
to every performer portrayed in such a visual depiction.</p>
<p>(b)Any person to whom subsection (a) applies shall, with respect to
every performer portrayed in a visual depiction of actual sexually
explicit conduct—</p>
<p>(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;</p>
<p>(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</p>
<p>(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.</p>
</blockquote>
<p>Section 2257A extends this requirement to simulated sexual content.</p>
<p>The regulations spell out the details requirements more specifically with more precise definitions.</p>
<p>Much of this information may only be disclosed to specified individuals and is not necessarily available to members of the general public in the absence of an investigation authorized by the U.S. Attorney General.</p>
<p>But access to these records is not governed by these statutes and regulations. An objection to a subpoena and request for a protective order under Federal Rule of Civil Procedure 45 (and related rules) or the equivalent state court rule would be the usual process for litigating that point. Whether the reason asserted is really justifiable would be a question for other law (usually under the law of California where most adult material in the U.S. is produced).</p>
