Bad news for free speech: "Children's Safety Act" passes in House
http://www.boingboing.net/2005/10/12/bad_news_for_free_sp.html
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 ³actual sexually explicit
conduct.² 18 U.S.C. § 2257(a)(1) (emphasis added). Under the proposed
amendment, the qualifier ³actual² would be dropped.
2. Expanding the category of ³sexually explicit conduct.² The law
previously defined ³sexually explicit conduct² to mean (1) sexual
intercourse, (2) bestiality, (3) masturbation, or (4) sadistic or
masochistic abuse. The amendment would expand that category to include
³lascivious exhibition of the genitals or pubic area.²
3. Expanding the definition of ³produces.² The current recordkeeping
requirements apply to any entity that ³produces²material containing visual
depictions of sexually explicit conduct. H.R. 3132 would define ³produces²
broadly to mean, among other things, ³filming, . . . assembling,
manufacturing, publishing, duplicating, reproducing, or reissuing a . . .
film, videotape, digital image, or picture.² The proposed definition is
more expansive than existing law because it would eliminate the current
definition¹s exception for ³activity which does not involve hiring,
contracting for, managing, or otherwise arranging for the participation of
the performers depicted.²
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.
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