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It should also be noted that distribution does not require any element of financial gain to be present. The first attempt to regulate pornography on the Internet was the federal Communications Decency Act of , 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. While the statute seemingly excluded from these record-keeping requirements anyone who is involved in activity that "does not involve hiring, contracting for, managing, or otherwise arranging for, the participation of the performers depicted," the Department of Justice DOJ defined an entirely new class of producers known as "secondary producers.


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