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 © 2025 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

Practical Tips for Bountiful Holiday Streaming

As the weather gets chilly, people spend more time indoors and online. Add in the stress of the holidays, and you’ve got fans trawling through cam sites seeking escape and a dopamine rush. That makes November through January a definite “go time” for online creators.

Taylor Love ·
trends

Retail Pulse: How E-Commerce Brands Are Driving Clicks With Creative Marketing

Running an online store for adult products is a unique challenge. Ads get flagged. Payment processors label businesses as “high risk” and shut down merchant accounts with little warning. Yet despite these obstacles, entrepreneurs are creating thriving online communities, driving consistent traffic and helping sexual wellness brands find their audience.

Ariana Rodriguez ·
profile

Hope Heaven on Turning Every Mile Into a Moment of Victory

Under the bright Amsterdam lights, Hope Heaven heard her name and froze for a beat. Then she stood, crossed the aisle in a body-skimming black cutout dress and accepted the Euro XMAs trophy for Female Streamer of the Year.

Women in Adult ·
trends

Retail Pulse: How Distributors Are Elevating Sales Through Education and Curation

Once seen mainly as logistics providers, distributors have progressively taken on additional and complementary roles in the pleasure industry: as educators, marketers and even brand builders. Distributors introduce brands to consumers all over the world, applying their own unique strategies to selecting the best products for their customers in various markets.

Ariana Rodriguez ·
profile

WIA Profile: Cathy Turns Creator Platform Experience Into a Model-First Playbook

As both a model and industry executive, Cathy lives in two worlds at once — and that’s exactly why so many creators trust her. “Since I do both things, I can act as the liaison between the model community and the rest of the SextPanther team,” she tells XBIZ.

Jackie Backman ·
trends

Retail Pulse: How Brick-and-Mortar Stores Are Boosting Sales With Ambiance and Service

Walking into an adult store and being greeted by someone who not only knows the difference between various kinds of materials and motors, but also understands and empathizes, is where brick-and-mortar retailers really shine. Physical spaces enable them to engage shoppers’ senses, build rapport in real time and close sales.

Ariana Rodriguez ·
opinion

From Compliance to Confidence: The Future of Safety in Adult Platforms

In numerous countries and U.S. states, laws now require platforms to prevent minors from accessing age-inappropriate material. But the need for safeguarding doesn’t end with age verification. Today’s online landscape also places adult companies at uniquely high risk for inadvertently facilitating exploitation, abuse or reputational harm, or of being accused of doing so.

Andy Lulham ·
profile

WIA Profile: Brittany Greenberg

When Brittany Greenberg first walked into an adult store as a curious shopper, she felt something was missing. The lighting was dim, the product selection lacked focus and the atmosphere whispered “shame” rather than celebration.

Women in Adult ·
opinion

What Adult Businesses Need to Know About Florida's Age Verification Law

The rise and proliferation of age verification laws has changed the landscape for the online adult industry. A recent and compelling example is the state of Florida, where Attorney General James Uthmeier has filed multiple complaints against major platforms as well as affiliates accused of violating the state’s AV law.

Corey D. Silverstein ·
profile

Zondre Watson Levels Up POS, E-Commerce Solutions for Ero-Tech

When POS systems malfunction or fail, Zondre Watson is Ero-Tech's go-to tech guy. A self-described “data geek and eternal retail rebel,” Watson knows adult retail inside and out. He’s experienced the sex toy industry as a store manager, sales data enthusiast and web developer.

Colleen Godin ·
Show More