opinion

Will 2257 Legislation Continue? What You Need to Know

Diane Duke
How much money has your company spent on complying with 2257 regulations? Most likely it has wasted thousands of dollars a year on attorney’s fees, staffing, software, and record storage in order to comply with a law that goes much further to protect government bureaucracy than children.

Worse yet, if your company is not complying with 18 U.S.C. 2257and18 U.S.C. 2257A, you not only run the risk of extensive fines, but also five years of imprisonment per offense.

On December 18, 2008, the Justice Department published the final regulations required by the Adam Walsh Act, which amended 2257 and enacted 2257A, and broadened 2257’s record keeping and labeling requirements. Regulations took effect on January 20, 2009 and contained the finalized regulations implementing both Section 2257 and Section 2257A.

These regulations apply to a vast number of persons who produce sexual imagery — both primary and secondary producers — including those who create the original images, those who digitize those images, those who insert such images on a computer or website, or those who publish them or republish them in a magazine, catalogue or brochure.

On October 5th 2009, FSC’s counsel, J. Michael Murray and his firm, Berkman, Gordon, Murray and DeVan filed a constitutional challenge to 18 U.S.C. 2257, 18 U.S.C. 2257A and sought an injunction against those statutes and their implementing regulations. FSC is joined in this lawsuit by an exceptional group of additional plaintiffs.

FSC’s mission is to lead, protect and support the growth and well being of the adult entertainment industry. One component of that mission is to serve as a legal watchdog for the industry. As the adult entertainment industry’s trade association, through our membership, FSC is able to represent all sectors of the industry nationwide. Moreover, with the industry’s trade association filing suit, no one company bears the financial burden of this costly litigation.

If this critical litigation is to continue, the industry must provide financial support. Membership dues of $300,000 barely covers the cost of operations. Allow me to dispel the myth that FSC has a wealthy litigation fund able to fund any and all litigation necessary. No such fund exists. The truth is, all litigation is paid for through donations. Generous contributors like Phil Harvey Enterprises, Online Buddies, AEBN, and Wicked Pictures have helped us out thus far. But we have a long way to go. In order to continue, FSC must raise $100,000 in the first half of 2010 to cover current litigation debt and the injunctive hearing scheduled for March.

If you are ready to eliminate the outrageous cost of complying with 2257 and the risk of imprisonment for this unconstitutional and burdensome law, then contribute to FSC’s 2257 litigation fund. If you are not a member, then you will not be included in this critical litigation-join. For more information on how to join and donate, contact FSC at 818-348-9373.

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