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

However, adult pornography that falls under the Government's classification of "extreme pornography" became illegal to possess as of January 26, 2009, carrying a three-year prison sentence.Simulated child pornography that do not pass the Miller test was banned in the United States in 2003 when the PROTECT Act was signed, In 2008, it was discovered that the United States authorities will post fake hyperlinks claiming to be child pornography and then raiding, arresting, and prosecuting anyone who was found using the IP address that visited them, even someone whose computer was an open wifi.With the exception of child pornography, the legal status of accessing Internet pornography is still somewhat unsettled, though many individual states have indicated that the creation and distribution of adult films and photography are legally listed as prostitution within them.However, pornographic videos sold or distributed legally within the UK must receive a certificate from the British Board of Film Classification (BBFC) and the rules are still quite strict.The possession of pornographic images for private use has traditionally not been an offence in the UK.The legality of pornography at the federal level has been traditionally determined by implementing the Miller test.

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