FSC Responds to 2257

Ed Palomar
CHATSWORTH, Calif. — The FreeSpeechCoalition has filed its public comment to the Justice Department’s proposed changes to 2257 regulations. The 23-page response of the adult industry’s trade association includes recommendations as to how Justice’s proposals regarding the adult material and recordkeeping labeling law can be more practical and secure.

The FSC believes that Justice’s proposed changes to U.S.C. Title 18, Section 2257 place an increased burden on webmasters. Previously, so-called “primary producers” - filmmakers, photographers and other content providers - were primarily responsible for documenting records that prove models are of legal age.

However, if Justice’s proposals are enacted, “secondary producers” – such as websites that distribute other companies’ content – will bear a far greater share of the responsibility for recordkeeping.

“The result could have far-reaching consequences for the entire adult industry, but it would have a particularly harsh impact on online companies,” FSC said in a statement.

Attorney Reed Lee, who co-wrote the FSC comment, recommends that third-party agents should be permitted to act as records custodians at their own places of business.

“This would resolve certain highly burdensome requirements in the new scheme by using third-parties agents who are ready, willing and technically able to receive the required basic information from primary producers and then organize it, maintain it and make it available for proper inspection,” FSC stated.

Lee practices law for the Chicago-based firm J.D. Obenberger and Associates. He co-drafted the FSC document with Santa Monica-based attorney Jeffrey Douglas, who chairs FSC’s board.

The Coalition also expressed concern that the proposed new 2257 regulations could lead to the disclosure of the identities and addresses of producers and talent to identity theft and stalkers.

FSC’s document was reportedly filed with the Justice Department on Aug. 24, the day the two-month period for public comments on the proposed regulations closed.