opinion

2257, four letter word or just a bunch of digits?

In 2004, Congress approved a new requirement that the U.S. Attorney General must deliver an annual report detailing federal prosecutions under 2257. Attorney General John Ashcroft testified to Congress that the DOJ had not conducted a single inspection of 2257 records over the previous 12 years.

From that point on, 2257 has been the buzz of concern for webmasters since failure to comply with the 12 year old law meant a felony conviction and five years in jail.

I have been tracking these 2257 issues for the last two+ years and there is such a wide range of responses to 2257, from companies who have spent literally thousands of dollars and hundreds of hours of manhours in getting their 2257 documentation in place to webmasters who lifted only a finger to pop the top of their beer.

A good starting point to read up on 2257 is at Free Speech Coalition’s 2257 page (https://www.FreeSpeechCoalition.com).

2257 is quite confusing as many attornies have different opinions of it. Consultation with an attorney over your 2257 requirements should be done. The purpose of these postings is so you don’t waste billable hours asking “what is 2257?” “what is a secondary recordkeeper?” type questions. This is a general and broad overview.

The new additions that Ashcroft amended to 2257 through paysite owners and affiliate webmasters further into the 2257 Record-Keeping status with the elaboration of “secondary record keepers”.

Things have been further complicated by 4472 and I’ll cover that topic later on, as we go through the chronological details of 2257.

The intent of 2257 is to protect children from being used in the production of adult material which was triggered as a reaction to Traci Lord (see First Amendment JD Odenbergers background on 2257 here) who was fifteen at the time of her public debut as adult entertainment (porn) model.

For some reason, Congress felt that children would be sucked into the adult entertainment industry to create child pornography movies and images. This CP content does exist and has existed as far back as hammer and chisel days. Pedofiles have been taking snapshots and trading them around for decades and made easier by the use of BBS and then internet. CP is a serious issue where children are being abused and exploited, but the evidence has shown that the online adult entertainment industry does not participate in such activity and even has gone so far as to sponsor Association of Sites Advocating Child Protection (formally named Adult Sites Against Child Pornography. ASACP.org has been in existance for ten years and more info about what ASACP has done and is doing, can be found at their website asacp.org.

What you need to know….

If you are filming a model (or have hired someone to shoot on your behalf), you are a Primary Record Keeper. This means you have some pretty big responsibilities to comply with the requirements of 2257. It used to be that websites would license content from content providers like Zmaster and Falcon Foto.

These days, more and more websites are shooting their own content and finding themselves as Primary Record Keepers. The Video side of the adult biz has been paying attention to 2257 for a long time. They have established record keepers, they put up their 2257 statements on video, etc. The internet side is more of a wild-west mentality and have been very much behind in addressing this 2257 law that requires documentation. As a primary record keeper, you are required to keep records for five years. There are many other responsibilities and its best to review all of them with an attorney. If you run a website (free or pay) and you present content that is “sexually explicit” as defined by 2256 (basically anyone or anything sticking into another person), then you are a Secondary Record Keeper.

Prior to Ashcrofts changes and additional bills, the Secondary Record Keeper had to keep track of where they acquired their content from. Sounds simple enough, but so many have failed in this bookkeeping requirement by simply listing (and sometimes copy/paste from another site) to list content producers used on the website on the 2257.html page.

It is quite common amongst websites to think that their 2257.html page is all that is needed. The issue with Secondary Record Keeper requirement is can you, the webmaster, identify where any specific image or video came from?

If the DOJ believed that an image on your website was underage, they would ask you where did you get that image? The answer of go look on your 2257.html is not the right answer, since both you and they do not know which content producer that picture belongs to. The right answer is to be able to answer back that the image/video came from a specific content producer and that the contact info for that content producer (ie. the Primary Record Keeper) is on your 2257.html page.

The reason most webmasters have failed in this responsibility is because they acquire images/videos from multiple sources and throw them into a gallery (and of course not understanding their 2257 responsibilities).

Affiliate webmsasters who receive content from paysites fall under this secondary record keeper responsibilities as well (for images that are “sexually explicit”).

I have been suggesting to webmasters that they tag folders or filenames with some kind of code that allows them to understand where the image came from. This is useful not only for assisting in 2257 compliance, but if there were ever an issue involving copyright infringement or licensing, that you would be able to identify the source of the content.

For those that resemble my comment about just throwing in different sources of content, what some sites have done is physically gone back to catalog all the images and identify where they came from. This is both an expensive and time-consuming step for which some companies have done, and others have not.

Ashcroft’s new changes as well as 4472 have subsequently made things more complicated and more burdensome and that will be the subject of an upcoming post.

Fight the 411 on 2257!

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

profile

A Look at the Growing Market for Pleasure-Enhancing Consumables

For decades, the sexual enhancement aisle consisted mainly of pills promising stamina, with bottles and blister packs leaning heavily into themes of masculinity, urgency and performance. The sales pitch was rarely subtle: Take this, and something bigger, harder, longer or more intense would follow.

Ariana Rodriguez ·
opinion

What Adult Platforms Should Know About the EU AI Act

The European Union's Artificial Intelligence Act is now largely in force, creating new obligations for adult platforms using AI for content creation, performer verification, age estimation, moderation and other functions.

Corey Silverstein ·
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 ·
Show More