Ex post Facto

What if I am no longer in business on June 23, 2005? How does 2257 apply to me?

Were you in compliance with 2257 prior to June 23, 2005?

If you were not compliant with 2257 prior to June 23, 2005, the is risk that DOJ could prosecute for your past violations.
Since there have been no enforcement actions to date under 18 USC 2257 that this lawyer is aware of, we do not know what risk will come to businesses no longer operating on June 23, 2005 that do not comply with the current 2257 regulations. It does not make sense however for DOJ to initiate enforcement against a business no longer operating but WHO KNOWS.

Fyi, the statute of limitations appears to have been extended from 5 years from offense to as long as the life of the child upon which the offense is based. See 117 Stat, 650, Section 202.

2257 DOES NOT apply to 2257 content if:

1) MADE, PRODUCED, MANUFACTURED, PUBLISHED, DUPLICATED, REPRODUCED, REISSUED before July 3, 1995 28 CFR 75.7(a)(1)

2) You are a secondary producer and the primary producer certifies to you that the content received from that primary producer meets Number 1 above (or the other exceptions -- simulated sex) and you post that certification