18 U.S.C. § 2257 Records-Keeping Statement

Working draft — under final legal review and not legal advice. Questions? support@ughosting.net.

DRAFT FOR ATTORNEY REVIEW — NOT LEGAL ADVICE. This is a starting template generated to speed up a licensed adult-industry attorney's review. Do not publish or rely on it until an attorney has reviewed and finalized it. Bracketed [PLACEHOLDERS] must be completed.

18 U.S.C. § 2257 Compliance & Records-Custodian Statement

Platform: Underground TV (ugtv.tv) Operator: Ghetto Media Group LLC, a New Mexico limited liability company ("Underground TV," "we," "us," or "the Platform") Effective Date: [PLACEHOLDER: Effective Date]

IMPORTANT — READ BEFORE USING. 18 U.S.C. § 2257 and § 2257A (and their implementing regulations at 28 C.F.R. Part 75) are technical, heavily litigated, and carry serious criminal exposure for non-compliance. The exact producer structure this document adopts — in particular whether the Platform is treated as a "primary producer," a "secondary producer," or neither, and how that interacts with each creator's own producer obligations — must be set by a licensed adult-industry attorney before publication. In addition, portions of the § 2257 regime (including aspects of the inspection scheme and the labeling/record requirements as applied to certain producers) have been the subject of significant constitutional litigation (e.g., Free Speech Coalition v. Attorney General), and the enforceable scope of the law continues to evolve. The current, enforceable requirements must be confirmed by counsel. The language below is a conservative starting point only.

1. What Section 2257 Requires (Plain-Language Summary)

U.S. federal law requires that anyone who produces certain sexually explicit visual depictions create and keep records proving that every performer shown was at least 18 years old at the time the depiction was made, and that the performer's identity is documented. In plain terms:

  • Who it applies to. The law reaches "producers" of visual depictions of actual sexually explicit conduct (§ 2257) and certain simulated sexually explicit conduct (§ 2257A). The regulations distinguish between a primary producer (the person who actually films, photographs, videotapes, or digitizes the depiction) and a secondary producer (a person who publishes, reproduces, reissues, or otherwise makes the depiction available). A platform that hosts and publishes creator-uploaded content may fall into one of these categories; which one, if any, is a legal determination for the attorney.
  • What must be verified and kept. For each performer in each covered depiction, the producer must obtain and retain, at minimum:
  • the performer's legal name;
  • date of birth, verified from a valid government-issued photographic identification (e.g., driver's license, passport, or state ID) examined before production;
  • every other name the performer has ever used or been known by (stage names, professional names, aliases, maiden names, nicknames);
  • a legible copy of the photo ID used to verify age and identity; and
  • records cross-referencing each performer to each specific depiction in which they appear, indexed so records can be located by performer legal name, by each other name used, and by the title, URL, or other unique identifier of the content.
  • Additional data points. In addition to the age/identity information above, the regulations require the producer to record and organize certain related information — for example, the date of original production of the depiction and, for internet content, the URL(s) or other unique location identifier at which the depiction is made available. Records are generally required to be indexed and retrievable by performer name (and cross-referenced to each title/URL). Confirm the full required data set and indexing method with counsel.
  • When it must be verified. Age and identity must be confirmed at or before the time the depiction is created — not after upload, and not "on request."
  • Where and how long records are kept. Records must be maintained at the producer's place of business (or another location the regulations permit) and kept for the retention period required by the current regulations — [PLACEHOLDER: Records retention period — confirm the exact period(s) under 28 C.F.R. § 75.4 with attorney; the regulations have historically required retention for a set number of years from creation/last amendment, with a separate rule for a producer who ceases business — do not state a specific number of years until counsel confirms the current figure]. Records generally may not be destroyed before that period ends.
  • The disclosure/label requirement. Covered content must carry a written statement that identifies where the required records are kept and the name and physical street address of the Custodian of Records (see Section 2 below). This is the "2257 statement" or "18 U.S.C. 2257 label." For a website, the statement must be displayed in a prominent, readily accessible location in the manner the regulations require; the exact placement must be confirmed with counsel.
  • The address must be a real, physical location. The custodian/records address published in the statement must be a physical street address at which the records are actually maintained and can be inspected. A P.O. box alone is not sufficient, and the address must not be a private residence (see Attorney Notes).
  • Inspection. The records are, by statute and regulation, subject to inspection. The exact scope, notice, and procedure for inspection — and the constitutional limits on it — have been the subject of extended litigation; the attorney should confirm the current, enforceable inspection framework before we describe any inspection procedure to the public.
  • Consequences. Failure to create, maintain, or produce required records — or failing to include a proper records statement — can carry criminal penalties. This is why the structure below is intentionally conservative and defers specifics to counsel.
What Section 2257 is NOT. The 2257 records described here verify performers/creators who appear in content. They are separate from the age verification of viewers (the age gate and third-party viewer age-verification, e.g., VerifyMy) addressed in the Platform's Age Verification and Terms documents. Do not conflate the two.

2. Records-Custodian Statement (On-Site § 2257 / § 2257A Disclosure)

The following statement is intended to appear on the Platform in the location(s) counsel directs (for example, a persistent footer link such as "18 U.S.C. 2257" and/or a dedicated compliance page displayed in a prominent, readily accessible location), and to be included with covered content in the manner counsel directs.

18 U.S.C. § 2257 and § 2257A Record-Keeping Requirements Compliance Statement
All persons who appear in any visual depiction of actual or simulated sexually explicit conduct appearing on, or otherwise contained in or accessible through, Underground TV (ugtv.tv) were over the age of eighteen (18) years at the time the depiction was created.
With respect to visual depictions produced by Underground TV / Ghetto Media Group LLC, or for which Underground TV / Ghetto Media Group LLC is otherwise a "producer" as defined by 18 U.S.C. § 2257, § 2257A, and 28 C.F.R. Part 75, the records required by those provisions are maintained by the Custodian of Records identified below.
With respect to visual depictions uploaded or otherwise supplied by third-party creators, each creator is the producer of that creator's own content and is responsible for creating and maintaining the records required by 18 U.S.C. § 2257 and § 2257A. Inquiries regarding the records for a specific piece of creator-supplied content may be directed to the Custodian of Records below or to the compliance contact identified, who will route the inquiry as appropriate and as required by law.
Custodian of Records: [PLACEHOLDER: Custodian of Records — full legal name of the designated individual]
Physical street address where records are maintained: [PLACEHOLDER: Records-Location Address — a physical street address where records are actually kept and can be inspected; a designated records address or registered-agent address that meets this requirement — NOT a P.O. box alone and NEVER a home/residential address]
Compliance contact: [PLACEHOLDER: Compliance contact email]
Records available for inspection: [PLACEHOLDER: Inspection availability / business hours — confirm exact wording and any inspection procedure with attorney]
This statement is subject to the exemptions and limitations of 18 U.S.C. § 2257, § 2257A, and 28 C.F.R. Part 75, including any applicable exemptions for content not depicting actual or simulated sexually explicit conduct.
Custodian-designation note (for the operator, not for publication as-is): Under the regulations the Custodian of Records is typically a named individual designated by the producing entity. The individual named must actually hold, and be able to produce at the stated physical address, the records referenced. Counsel should confirm who is named, that the named person consents, that the person is authorized to act as custodian, and that the published address is an appropriate physical, non-residential address at which records are genuinely kept (see Attorney Notes).

3. Multi-Creator Model: Each Creator Is the Producer of Their Own Content

Underground TV is a multi-creator platform. Creators upload their own photographs and videos, set their own prices, and control their own content. Because of this structure, the Platform's compliance model — subject to counsel's final determination — treats responsibility as follows:

3.1 Creator as producer. Each creator is the producer of the content that creator creates and uploads. As producer, each creator is solely responsible for:

  • verifying, before any depiction is created, that every performer appearing in the creator's content (including the creator themselves and any other person depicted) was at least 18 years old at the time of production;
  • obtaining and retaining valid government-issued photo identification and the other information required by 18 U.S.C. § 2257 / § 2257A and 28 C.F.R. Part 75 for every performer;
  • creating and maintaining the required records and cross-reference index (indexed by performer name and by title/URL of the content) for the retention period required by law;
  • acting as, or lawfully designating, the Custodian of Records for the creator's own content, maintaining those records at a valid physical location, and complying with all applicable disclosure/label and record-keeping obligations; and
  • responding to any lawful request or inspection concerning the creator's content, and cooperating with the Platform's routing of such requests.

3.2 Creator warranties. As a condition of using the Platform, each creator represents, warrants, and covenants that:

  • the creator is at least 18 years old, and every person depicted in the creator's content was at least 18 years old at the time of production;
  • the creator has verified each performer's age and identity from valid government-issued photo ID before production;
  • the creator has obtained all necessary consents, releases, and rights (including the model release / performer consent required by the Platform) from every person depicted;
  • the creator has created and will maintain all records required by 18 U.S.C. § 2257 / § 2257A and 28 C.F.R. Part 75, and will provide them as and when required by law;
  • no content depicts, and the creator will never upload content depicting, any minor, any non-consenting person, or any person whose age or consent the creator has not verified; and
  • the creator will indemnify the Platform for breaches of these warranties, as set out in the Terms of Service and Creator Agreement.

3.3 Platform reliance. The Platform relies on these creator warranties and on each creator's verification and record-keeping. Counsel should confirm the extent to which the Platform may lawfully rely on creator certifications versus the extent to which the Platform must independently obtain and hold performer records — this is the central § 2257 structural question and must not be resolved by this template. A blanket public assurance that all performers were verified as adults is only as reliable as the underlying records; counsel should confirm that the Platform's intake and record structure actually supports the affirmative statement in Section 2.

4. The Platform's Own Records and Policy

Independent of each creator's producer obligations, and subject to counsel's determination of the Platform's producer status, Underground TV / Ghetto Media Group LLC maintains the following as a matter of policy:

  • a Custodian of Records and a designated physical, non-residential records address, published as required (Section 2);
  • creator onboarding records, including each creator's age/identity verification, executed Creator Agreement, and § 2257-related certifications and warranties;
  • for any content for which the Platform is itself a producer, the full § 2257 / § 2257A records for that content, indexed and retrievable by performer name and cross-referenced to each title/URL;
  • a documented intake and verification workflow confirming that creators cannot publish content until age/identity verification and the required certifications are complete;
  • a cross-reference system sufficient to associate published content (by title/URL/unique identifier) with the responsible creator and the applicable records;
  • a takedown and preservation process for content that is, or is alleged to be, non-compliant, unlawful, or lacking required records; and
  • cooperation procedures for lawful requests, subpoenas, and inspections, including routing of records requests to the responsible creator-producer where the Platform is not the primary custodian.

The exact contents, retention periods, indexing method, and custody arrangements above must be confirmed against the current regulations by counsel.

5. No Content Without Verification

The Platform's policy is that no creator content depicting actual or simulated sexually explicit conduct is published until the responsible creator has completed the required age/identity verification and the § 2257-related certifications for every performer. Content that cannot be tied to a verified, compliant record set is subject to removal and preservation pending resolution. [PLACEHOLDER: Confirm the precise gating workflow and its wording with counsel.]

6. Cooperation With Law Enforcement and Lawful Inspection

Underground TV / Ghetto Media Group LLC intends to comply with its obligations under 18 U.S.C. § 2257, § 2257A, and 28 C.F.R. Part 75, and to cooperate with lawful requests, subpoenas, and inspections. The specific procedures, notice, and scope described to the public — and any statement about inspection availability in Section 2 — must be reviewed and set by counsel in light of the current, enforceable state of the law, including the constitutional litigation noted above. Nothing in this document waives any right, defense, or objection available to the Platform or to any creator.

7. Relationship to Other Platform Documents

This statement is part of, and should be read together with, the Platform's:

  • Terms of Service and Creator Agreement (creator producer obligations, warranties, indemnities, prohibited content);
  • Age Verification / Age-Gate Policy (verification of viewers, including third-party age verification via VerifyMy — distinct from performer records under this document);
  • Acceptable Use / Prohibited Content Policy; and
  • Privacy Policy and DMCA / Copyright Policy.

In the event of a conflict, the documents' stated order of precedence controls. [PLACEHOLDER: Confirm order-of-precedence language with counsel.]

8. Custodian / Operator Contact Block

  • Operator: Ghetto Media Group LLC (New Mexico LLC)
  • Business address: [PLACEHOLDER: Ghetto Media Group LLC registered business address]
  • Custodian of Records: [PLACEHOLDER: Custodian of Records — full legal name]
  • Records-location address (public, physical street address): [PLACEHOLDER: Records-Location Address — physical street address where records are actually kept; designated records / registered-agent address that qualifies; NOT a P.O. box alone and NOT a home address]
  • Designated agent for legal notices: [PLACEHOLDER: Designated agent name & address]
  • Compliance contact email: [PLACEHOLDER: Compliance contact email]
  • Governing law: [PLACEHOLDER: Governing-law state]
  • Effective Date: [PLACEHOLDER: Effective Date]

Attorney Notes (remove before publication)

  1. Custodian address is PUBLIC, must be a real physical location, and must not be a home. The Records-Location and Custodian address are published on the public internet and must be a physical street address where the records are actually maintained and can be inspected — a P.O. box alone does not satisfy the regulations. Using a personal residence exposes the operator and the named custodian to real-world safety, stalking, and doxxing risk. Use the registered-agent address, a commercial/records-designated address, or another appropriate non-residential physical address that counsel approves and where records genuinely reside.
  2. Producer-structure determination is the whole ballgame. Whether the Platform is a primary producer, secondary producer, or outside § 2257 for creator-uploaded content — and how creator-as-producer responsibility interlocks with the Platform's own duties — must be decided by adult-industry counsel. This template presents a conservative creator-as-producer model with Platform-held policy/records, but it does not resolve the legal question.
  3. Confirm current retention periods, required data set, indexing, and label mechanics under 28 C.F.R. §§ 75.2, 75.4, 75.6, and 75.8, including the "ceased business" rule, the date-of-production and URL-indexing requirements, the requirement that records be retrievable by performer name, and the exact required contents and placement of the on-content/on-site 2257 statement. Do not fill in a specific number of retention years until confirmed.
  4. Inspection language is deliberately soft; account for the litigation. The statutory inspection regime and portions of the labeling/record rules have been extensively litigated (e.g., Free Speech Coalition v. Attorney General); do not publish any specific inspection procedure/hours, or rely on any particular enforcement posture, until counsel confirms the current enforceable requirements.
  5. § 2257A vs § 2257. Confirm which sections apply given the mix of actual vs. simulated conduct on the Platform, whether any exemptions apply, and whether the § 2257A certification/exemption route is available for any category of content.
  6. Named custodian must consent, be authorized, and actually hold the records. Confirm the individual, their consent, and that the intake workflow actually produces and retains, at the stated physical address, the records the statement promises exist. The affirmative "all performers were 18+" statement in Section 2 must be backed by real records or reliable creator certifications counsel approves.
  7. CCBill / card-network alignment. Ensure this statement is consistent with CCBill onboarding and Visa/Mastercard adult-merchant program requirements (creator identity verification, documented consent/release for every depicted performer, content-provenance/traceability, rapid takedown SLAs, and prohibited-content controls). Card-network rules frequently exceed the statutory floor, and CCBill can require proof of these controls as a condition of processing.
  8. Keep the two age concepts separate in all public copy. Performer § 2257 records (this document) and viewer age verification (age gate / VerifyMy) are distinct regimes; ensure marketing and help-center copy never blur them in a way that overstates either.

Placeholders to complete

  • Effective Date
  • Records retention period (confirm exact period(s) under 28 C.F.R. § 75.4, including the 'ceased business' rule)
  • Custodian of Records — full legal name of designated individual
  • Records-Location Address — physical street address where records are actually kept (NOT a P.O. box alone, NEVER a residence)
  • Compliance contact email
  • Inspection availability / business hours
  • Ghetto Media Group LLC registered business address
  • Designated agent name & address for legal notices
  • Governing-law state
  • Confirm precise content-gating workflow wording with counsel
  • Confirm order-of-precedence language with counsel

Operator notes

Banner: PRESENT and preserved verbatim at the top. Overall the source draft was strong and appropriately cautious; I did not remove any caution. Key corrections/additions I made as compliance checker: (1) Fixed a REQUIRED-element gap — the custodian/records address must be a PHYSICAL STREET ADDRESS where records are actually maintained and inspectable; a P.O. box alone is insufficient. The original only said "non-residential," which is necessary but not sufficient. Added this to Section 1, Section 2, Section 8, and Attorney Note 1. (2) Added the additional required data points the original omitted: date of original production and, for internet content, the URL/unique location identifier, plus the requirement that records be indexed/retrievable by performer name — per 28 C.F.R. § 75.2. (3) Added an on-site placement note (statement must be prominent/readily accessible per §§ 75.6/75.8). (4) Strengthened the litigation caveat (Free Speech Coalition v. Attorney General) in the header and inspection section so the enforceable scope is flagged as unsettled. (5) Flagged the reliability risk of the blanket "all performers 18+" affirmative statement vs. the platform's actual records (Section 3.3, Attorney Note 6). Overpromising check: I did NOT delete the required affirmative "over 18" label language (it is a mandated element), but I added counsel-facing cautions that it must be backed by real records/certifications. I deliberately did NOT insert a specific retention year count — the original correctly left it as a placeholder and I reinforced that, since stating a wrong figure would be riskier than deferring to counsel. CCBill/card-network alignment note expanded to name Visa/Mastercard adult-merchant program expectations. This is general informational drafting, not legal advice; every bracketed item requires operator/attorney completion before publication.