FBI Data on 2257 Inspections Won't Be Made Public

PHILADELPHIA — U.S. District Judge Michael Baylson, who is hearing the Free Speech Coalition's claims over the legality of 18 U.S.C. § 2257, signed last week a protective order governing disclosures of past inspections conducted under the federal record-keeping law for porn producers.

The Justice Department, as part of pretrial discovery proceedings, will produce copies of 29 inspections pursuant to 2257 that occurred between July 24, 2006, and Sept. 19, 2007, but none of the data will become public.

Information sought by the FSC will be protected by the the Privacy Act, a federal code of fair information practices that mandates how federal agencies, such as the FBI, maintain records about individuals.  

Baylson, in his order, outlined procedures for the disclosures of the 29 inspections, and access to the protected information will only be disclosed to attorneys for the government and the FSC, as well as their paralegals and court stenographers.

"Prior to production, the FBI will redact information contained in the reports, including any documents attached to those reports, that consists of personally identifying information regarding individuals appearing in visual depictions of sexually explicit conduct produced by the persons or entities that were subjects of the inspections, including names, aliases and addresses of those individuals," his order said.

If any party of the inspections were sought as potential witnesses, including FSC members and their employees, the identity of those individuals and other data would no longer be protected information, Baylson ordered.  

The FSC, which filed suit against the government three years ago along with more than a dozen other plaintiffs, asserts that the federal record-keeping law for porn producers is unconstitutional because it violates constitutional protections against unreasonable search and seizures under the 4th Amendment.

Sections 2257 and 2257A impose a record-keeping requirement on producers of sexually explicit materials and require that they make such records available to the government for inspection at all reasonable times.

While the inspections haven't been employed by the government for some time, the law continues to be in the books and federal inspectors may at any time launch inspections of the records and prosecute any infraction.

The regulations spell out requirements for the maintenance, categorization, location and inspection of records, as well as legal grounds for exemption of these requirements. They require that records be maintained for five years after the dissolution of a business that had been required to maintain them.

In 2008, the Justice Department modified 2257 to provide visual depictions of simulated sexually explicit conduct fall within the scope of materials for which the record-keeping requirement is triggered; actual lascivious exhibitions of the genitals or pubic area are also within the scope of materials triggering the requirement; and producers may use third-party custodians to store their records.

But Baylson, in a November memorandum, said that the 2008 changes will not cause every inspection in the future to be materially different from those in the past.

"The  broader scope of images for which the recordkeeping requirement is triggered will not lessen the invasiveness of future searches," he said in his ruling that keeps alive FSC's 4th Amendment privacy claims over 2257.

View 2257 suit's protective order

Related:  

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 News

Texas Court Orders Adult Domain Locked for AV Violations

A district court in Texas has issued a writ requiring domain registry Verisign to “lock” an adult website’s domain over noncompliance with the state’s age verification law.

Alina Lopez Leads Latest From Bellesa Plus

Alina Lopez stars with Danny Mountain in a release from Bellesa Plus, titled “In The Coach.”

Hazel Moore, Melanie Marie & Della Cate Star in Latest From Blacked

Hazel Moore, Melanie Marie, and Della Cate star in the latest scene from Vixen Media Group studio imprint Blacked.

Adult Web Hosting Service 'QloudHost' Launches

QloudHost, a new web hosting service for adult websites, has launched.

Anissa Kate Fronts Latest From Brazzers VR

Anissa Kate stars with Isiah Maxwell in the latest release from Brazzers VR, titled "She Wants You, Daddy!"

Adult Time Drops Latest Installment of Jim Powers' 'MILF Overload'

Adult Time has released the latest installment of director Jim Powers' series "MILF Overload," titled "Carpool Overload."

Lilly Bell Leads Latest From Brazzers

Multi-XMAs winner Lilly Bell stars with Christian Clay and Mick Blue in the latest Brazzers release, "Hoeing up the Bromance."

Penthouse Names Ccinnamon as July's 'Pet of the Month'

Penthouse Magazine has named Ccinnamon as Pet of the Month for July.

Peter Hooke Launches New Paysite

Peter Hooke has launched an official website through PAYSITE.

Blake Blossom Rolls Into the July Issue of X3 Magazine

Award-winning star Blake Blossom sparkles on the cover of the July issue of X3 magazine, the premier publication capturing the real personalities, passions, and stories behind top creators and performers.

Show More