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

NEWS STORY

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 !

LEGAL PERSPECTIVES

Visa Cracks Down on ‘Shell’ Billing Firms

There was a time not so long ago when website operators created billing companies in favorable jurisdictions, whose sole purpose was to bill customers for services provided by the operator and remit the... More »

Randazza: Trump Victory, Big Prop 60 Win

On Tuesday afternoon, I boarded a transatlantic flight. Given all of the negativity in the 2016 presidential race, I was delighted that I would be absent for the results. I found both Donald Trump and... More »

Dissecting an $11.9M Affiliate Marketing Judgment

The Federal Trade Commission scored another major win in early October when the 2nd U.S. Circuit Court of Appeals upheld a lower court ruling, requiring LeadClick Media LLC to pay an $11.9 million award. The... More »
XBIZ NEWSLETTERS
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.






POPULAR PRODUCTS & SERVICES
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.

UPCOMING EVENTS

Everything To Do With Sex Show

Jan 27 - Jan 29
Halifax, Nova Scotia

The European Summit

Mar 04 - Mar 07
Barcelona-Sitges, Spain

The TEA Show

Mar 05 - Mar 06
Hollywood, CA

Phoenix Forum 2017

Mar 23 - Mar 26
Tempe, Arizona
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!