xFluffer.com is a so-called ‘porn tube’ and aggregates data from other sources and is not the “Producer” (as per definitions in 18 U.S.C. 2257(h)(2)(B)(v) and regulations promulgated thereunder) of any depictions of actual or simulated sexually explicit conduct appearing on the website of xFluffer.com as the activities of xFluffer.com are limited to the distribution, transmission, storage, retrieval and/or hosting of such depictions posted in areas of the website under the control of registered users or members of xFluffer.com. As such, xFluffer.com is exempt from the recordkeeping requirements of 18 U.S.C. 2257. Its only obligation is to cooperate to immediately withdraw the content once the infraction of the site’s rules are identified.
xFluffer.com is a “Provider of an Interactive Computer Service” (as per definitions in 47 U.S.C. 230(c) and regulations promulgated thereunder) and, as such, is not considered the publisher or speaker of any content posted in areas of the website under the control of registered users or members of xFluffer.com.
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