Home > News > House Expected to Pass Adam Walsh Bill Amending 2257 • Bookmark   • Newsletters   • Register Search Options


House Expected to Pass Adam Walsh Bill Amending 2257

House Expected to Pass Adam Walsh Bill Amending 2257
Get XBIZ News
Jul 24, 2006 12:05 PM PDT    Text size: 
WASHINGTON — Following the Senate’s lead and praise from President Bush, the U.S. House of Representatives is expected to pass the Adam Walsh Child Protection and Safety Act of 2006, which could dramatically affect the current 2257 federal record-keeping requirements.

While the bulk of H.R. 4472 takes aim at protecting children from pedophiles and predators, a small portion of the proposed law has the Free Speech Coalition concerned.

“The FSC lauds the efforts of Congress to pass legislation that prevents predators from harming children,” Free Speech Coalition Communications Director Tom Hymes told XBIZ. “Unfortunately, they’ve added Title 5, which is disturbing because it equates our constitutionally protected industry with child predators and child pornographers.”

According to FSC attorney Jeffrey Douglas, the goal of certain aspects of the bill is to undo ground gained in the Sundance Associates Inc. vs. Reno case, which blocked the Department of Justice from enforcing secondary producer liability for 2257.

“The changes in this law would effectively mean that secondary producers would be within the scope of the 2257 law,” Douglas told XBIZ. “As for our current 2257 litigation, the court order protecting FSC members still stands, and regardless of the change in the law, the government would have to go to court and modify that court order before enforcing 2257.”

While Douglas said that it was too early to tell how the courts would react to the proposed law, he did point out that adult website operators may soon find themselves having to comply with 2257 as secondary producers. He also added that the law requires record-keeping text on each page of a website.

In addition to expanding liability to secondary producers, the proposed law also mandates record-keeping for films and images containing depictions of “lascivious exhibition of the genitals or pubic area of any person.”

According to Douglas, that means that exhibitions of mere nudity could fall under the 2257 record-keeping regime.

“There is no definition of mere nudity or lascivious exhibition of genitals, which means we can only guess at the parameters of what material falls under the scope of the law,” Douglas said. “Also, the record-keeping provisions, which presumably would apply to mainstream Hollywood studios, are infinitely less burdensome.”

While Douglas was troubled by what he sees as an attempt to criminalize depictions of simulated sexual activity, he did see something of a silver lining for adult novelty manufactures and retailers who use images depicting genitals or mere nudity on their packaging.

“Under the law, images made before the effective date are exempt,” Douglas said. “So, a novelty company could use an image made before the effective date and avoid a 2257 event.”

Douglas also noted that language in the bill modifies federal obscenity law, allowing prosecutors to prove their case by showing that a producer made obscene material and that the material was distributed through means of interstate commerce. Demonstrating the producer’s intent to distribute interstate would no longer be required according to Douglas.

Backers of the bill hope to have President Bush sign it July 27, the anniversary of the abduction of Adam Walsh, for whom the bill is named. Walsh, the son of “America’s Most Wanted” host John Walsh, was abducted from a Hollywood, Fla. department store in 1981 at age 6. His severed head was later found, however the rest of his remains are still missing. His killer is still at large.

Douglas stressed that until the bill is signed into law, it remains a “moving target” in terms of its precise application and meaning.

More ways to get XBIZ News:  RSS Feeds  |  E-Newsletters  |  Desktop Widget  |  Mobile
Looking for porn star news and behind-the-scene videos? Check out XFANZ.com !


Could Adult Content Be Banned?

Earlier this month, I met with the Free Speech Coalition’s board of directors for our annual review. Despite the headwinds our industry faces, politically and economically, we are, as an organization,... More »

Cutting Costs in the Spirit of Entrepreneurship

Adult website owners are comprised of two groups: One is comfortable giving up 30-50 percent of their site’s gross sales revenue (aka profit) in exchange for software, hosting and services despite... More »

Technological Advances Typically Meet Wall of Resistance

Our lives have changed immeasurably in the past 100 years. Think of the wealthiest, most powerful person 100 years ago. It was probably John D. Rockefeller. In inflation-adjusted terms he is the wealthiest... More »
Stay informed of the latest industry developments. Get XBIZ newsletters delivered to your inbox. Subscribe today!
Enter email address:

* To manage existing subscriptions click here.

Submit your press release to
multiple news outlets with 1 click.
Subscribe to RSS news feeds or
add free content to your website.
Access XBIZ news and articles
with your mobile device.
Access the latest issues of the industry's leading trade publications in digital form. View online or download for offline viewing.


XBIZ Retreat

May 30 - Jun 03
Miami, Florida

XBIZ Miami 2017

May 30 - Jun 02
Miami, Florida

XShow 18+ 2017

Jun 01 - Jun 03
Moscow, Russia

Cam Summit

Jun 02 - Jun 04
Lloret de Mar, Spain
Everyday thousands of business professionals browse XBIZ's industry directory for quality products and services. Not listed yet? Your company could be losing potential new business. Submit your company today!
Use XBIZ RSS feeds to stay informed of the latest industry developments or as a content syndication tool for your website!