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Once Attorney General Alberto Gonzales left the Justice Department, the inspections ended.

In 2005, the Department of Justice issued regulations that expand the definition of a "secondary producer" of sexually explicit material. On October 24, 2007, the Sixth Circuit Court of Appeals in Ohio issued a judgment against the 2257 law, ruling it as unconstitutional according to the First Amendment.

See the one line denial on page nine of the Supreme Court order list for October 5, 2009.

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As of June 23, 2005, federal regulations apply the 2257 record-keeping requirement to secondary producers, and defines them as including anyone who "inserts on a computer site or service a digital image of, or otherwise manages the sexually explicit content of a computer site or service that contains a visual depiction of, an actual human being engaged in actual or simulated sexually explicit conduct." 73 Fed. However, the Sixth Circuit subsequently reheard the case en banc and issued an opinion on February 20, 2009, upholding the constitutionality of the record-keeping requirements, albeit with some dissents.

The Sixth Circuit en banc decision was appealed to the US Supreme Court where on Monday October 5, 2009, the US Supreme Court denied certiorari without comment not addressing the Sixth Circuit decision that is not constitutionally "vague and overbroad" and able to be enforced.

This standard on pornographic legality is extremely difficult to uphold for the internet given that the internet contains copious amounts of pornography. The first attempt to regulate pornography on the Internet was the federal Communications Decency Act of 1996, which prohibited the "knowing" transmission of "indecent" messages to minors and the publication of materials which depict, in a manner "patently offensive as measured by contemporary community standards, sexual or excretory activities or organs", unless those materials were protected from access by minors, for example by the use of credit card systems. A second attempt was made with the narrower Child Online Protection Act (COPA) of 1998, which forced all commercial distributors of "material harmful to minors" to protect their sites from access by minors.

It has been argued that if the Miller test were applied to the Internet then, in effect, the community standards for the most conservative community would become the standard for all U. Immediately challenged by a group of organizations spearheaded by the ACLU, both of these provisions were struck down by the U. "Material harmful to minors" was defined as materials that by "contemporary community standards" are judged to appeal to the "prurient interest" and that show sexual acts or nudity (including female breasts). An injunction blocking the federal government from enforcing COPA was obtained in 1998.

On March 22, 2007, COPA was found to violate the First and Fifth Amendments of the United States Constitution and was struck down.

Another act intended to protect children from access to Internet pornography is the Children's Internet Protection Act (CIPA) of 2000.

The act was challenged by the American Library Association on First Amendment grounds, and enforcement of the act was blocked by a lower court. Although the law had been on the books for over 10 years, the Justice Department never actually inspected anyone.

In June 2003, the Supreme Court reversed and ruled that the act was constitutional and could go into effect. 2257, requiring "original" producers to retain records showing that all performers were over the age of 18 at the time of the production for inspection by the Attorney General. It was not until pressure from Congress, and conservative religious groups spurred the administration of George W.

The legality of pornography at the federal level has been traditionally determined by implementing the Miller test.

This test dictates that the opinion of the local community on a specific pornographic piece is most important in determining its legality.

This means that, for example, even if a pornographer is legally distributing pornography, the person receiving it may not be legally doing so due to local laws.

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