opinion

"New" 2257 Regs in a Nutshell

As most of you have probably heard, the DoJ is publishing the "new" 2257 regulations in the Federal Register today, which means they will go into effect in ninety days. I am sure industry attorneys will weigh in ad nauseam with interpretations of what the regs say, and this time around we can only hope and pray, and then pray some more, that they find common ground on which to agree (I jest), but in the meantime, the bullets below (courtesy of DoJ!) will give you an idea of the changes Justice has agreed to make.

  • Consolidated the publication of the final versions of the two proposed rules into one final rule;
  • Ensured that the regulatory requirements applicable to depictions of actualsexually explicit conduct consisting of lascivious exhibition apply starting on the date of availability of the statutorily provided safe harbor;
  • Permitted the use of third-party custodians of records;
  • Permitted records to be maintained digitally;
  • Clarified the exemption from the record-keeping requirements for those engaged in distribution;
  • Clarified that, for purposes of the requirement that every page of a webpage contain the disclosure statement, a hyperlink or “mouseover” is permitted;
  • Eliminated the requirement that statements on the location of records contain a date of production (or any other date), although added a requirement that primary producers create a record of the date of production;
  • Clarified the application of the requirements regarding location of the statement to DVDs; and
  • Eliminated the detailed information required by the certification regime, and replaced it with a significantly simpler certification.

Personally, I think the ability to use off-site third party entities to keep 2257 records is pretty damn huge, and should save a lot of the smaller people a lot of time, money and aggravation in the long run. I think it is safe to say that the DoJ just helped create a cottage industry within adult.

Way to go, coppers!

One area I will need clarification on has to do with adult sites that allow user-generated content (i.e. Tubes, dating site, etc.). My reading tells me that while some of them are exempt from 2257 requirements, the uploading producer of the content is not.

"...Businesses such as dating services that in fact do not produce depictions of sexually explicit conduct, are not the entities that are responsible for record-keeping and disclosure statements. Those responsibilities in those circumstances would fall upon the individuals who post graphic content on the site."

DoJ also says that adult Tube sites "... may be exempt from keeping records, since the original individual producer who posts a depiction on that site is required to affix a disclosure notice to each page of the sexually explicit depiction..."

Seems pretty clear, but what I don't see is what happens to the site if the uploader does not provide 2257 documentation in the form of a custodian of record name and address and the site still allows the content to be uploaded. I would presume that they then lose their safe harbor.

Also, if I'm reading this provision correctly, what will its enforcement do to the illegal Tube model that continues to bedevil the industry? Will "civilians" actually include such documentation? Doubtful. And what about uploaders of illegal content? Will they provide 2257 along with the contraband? Doubtful as well.

Is DoJ unwittingly handing the industry a solution to the illegal tube dilemma? Or is it trying to unconstitutionally stifle yet another form of speech, but this time that of regular citizens?

I'm just asking.

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More Articles

opinion

5 Ways Pleasure Brands Can Maintain Social Media Visibility Beyond the Algorithm

The most difficult part of managing social media for pleasure brands is my archnemesis: the algorithm. I am sure most people who work in sexual wellness would agree. We are constantly navigating reduced reach, content removal and, in some cases, account bans. That can make connecting with customers feel impossible, but it is not.

Taylor Maness ·
profile

Verifymy's Emma Robert-Tissot on Putting People at the Heart of Online Safety

Warm, friendly and always happy to help, Emma Robert-Tissot has a gift for making even the most complex corners of online safety feel approachable.

Jackie Backman ·
opinion

How Native Spanish Speakers Help Pleasure Brands Expand Across Latin America

Latin America's Spanish-speaking markets represent an exciting growth opportunity for the pleasure products industry. Across the region, conversations about sexual wellness are becoming more open, specialty retailers are expanding their assortments and shoppers are seeking products that reflect their lifestyles and values.

Rin Musick ·
profile

How Sexual Wellness Brands Can Use Emotional Marketing to Build Loyalty

Adult businesses have never had access to every marketing tool available to mainstream brands. Platform rules, advertising restrictions and content policies can limit the options for sex toy manufacturers and retailers. Add a difficult economy and more cautious consumers, and relying on tactics that worked a few years ago may no longer be enough.

Kate Kozlova ·
profile

WIA: Kristin Zuri-Godskind Draws on Deep Expertise to Elevate Sportsheets

After 18 years in the pleasure products industry, Kristin Zuri-Godskind has experienced the business from nearly every angle. Her career has taken her through retail, merchandising, management, distribution, sales, product education and manufacturing, giving her a perspective shaped as much by the sales floor as by the relationships she has built along the way.

Ariana Rodriguez ·
opinion

Why Retail Expertise Is Essential When AI Tools Analyze Store Data

Somewhere in one of our stores, someone scanned a barcode into a quantity field. The number entered was 8,388,607. At $19.99 per unit, that made a single line item worth roughly $167 million. The number was so large that the import failed immediately.

Zondre Watson ·
trends

Why Adult Retailers Need Better Training on Disability, Chronic Health

Every customer who walks into an adult store brings a different body, comfort level and set of needs. Retail staff already know how to ask the basics: Do you prefer vibration or suction? Are you using water-based or silicone lubricant? Do you have a latex allergy? What size are you comfortable with?

Mersy Love ·
profile

YourVids' Gino on Listening, Learning and Putting Creators First

Get Gino talking about the work creators pour into their careers, and his passion quickly becomes contagious. He deeply appreciates the people powering the business and has firm ideas about what they deserve in return.

Jackie Backman ·
profile

Vendo CEO Mitch Platt Reflects on 20 Years of Lessons and Evolution

More than 20 years ago, three entrepreneurs in Barcelona began gathering over beers to pitch, dissect and routinely destroy one another's business ideas. The ritual was simple: One person arrived with a concept, while the other two tried to expose every weakness. Any proposal that survived earned another look. Most did not.

Jackie Backman ·
profile

Abby Rose on Camming, Connection and Creative Chaos

Abby Rose has mastered the art of viewing life through rose-colored glasses, finding the good in even the most challenging circumstances. With the bubbly charm of Elle Woods and the steely determination of G.I. Jane, she pairs a resilient spirit with a deep love for bringing people together.

Jackie Backman ·
Show More