Amended 2257 Regulations Published in Federal Register

WASHINGTON – Amended 2257 regulations were published today in the Federal Register, marking the first day of a 30-day period before they become law. However some of the provisions could go into effect immediately, attorney Lawrence Walters told XBiz.

In summary, the revised provisions have ramped up record keeping requirements for all producers and secondary producers of explicit sexual content, including websites that feature digitized box covers, requiring all webmasters who handle content to maintain thorough records of age verification on each performer.

Additionally all associated URLs must be identified for each iteration of each image in every instance of every publication.

"Now you have the extremely burdensome requirement in terms of identifying where each image appears on the web," Walters said.

A detailed summary of current and former 2257 law can be viewed here.

Prior to these revisions, secondary producers (webmasters) were not required to maintain records based on what Walters referred to as the "well-reasoned" 1998 Sundance ruling, which directly confronted secondary producer requirements for those living in the 10th U.S. Circuit Court of Appeals. Although it was not binding case law and left all other jurisdictions in murky, undetermined waters.

"Now all of that content is going to become illegal overnight after these regulations go into effect," Walters said.

Walters added that he was both impressed and concerned with the written response to the amendments and public comment and that the Justice Department is clearly thinking down the road in terms of potential litigation.

"They went through [the proposed amendments and public commentary] with a fine-tooth comb to make the necessary edits and make them less susceptible to potential attack," he said. "They went to great lengths to explain their final decision and the government expressed little sympathy for how difficult it will be for the industry to comply."

Attorney General Alberto Gonzales gave final approval on the proposed amendments to current 2257 law, known officially as 18 U.S.C. § 2257, on May 17. The amendments were drafted in order to update record keeping and inspection requirements adopted in 1994 for the purposes set by Congress in enacting the Child Protection and Obscenity Enforcement Act.

Industry attorneys have warned the webmaster community for some time that the Justice Department is intending to use the revised 2257 law to crack down on the porn industry.

Attorney Joe Obenberger told XBiz that the final regulations published in the Federal Register represent substantial changes to the amendments first proposed in June. Obenberger called them both "good and bad."

"There were significant changes as a result of comments made, but what was also newsworthy and remarkable was that some of the things weren't changed in response to comments and that numerous comments were neglected," Obenberger told XBiz.

Among one of the bigger issues addressed in the final version of the regulations was the issue of making records available for inspection from 8 a.m. to 6 p.m., 365 days a year. In the final rule, the DOJ acknowledged the difficult compliance issues facing smaller, part-time operations and the provision was changed so that records would only have to be available 20 hours per week, with the hours posted or the DOJ being notified of when those hours were.

Additionally, Obenberger added that one of the provisions state that nothing can be added to 2257 records. For example, if an extra piece of ID is obtained by a producer, it is a violation of 2257 law and can result in a maximum of five years in prison.

"If you exceed the requirements then it is a federal crime," Obenberger said.

Copyright © 2025 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

The Guardian Devotes Feature Article to XBIZ Amsterdam

British newspaper The Guardian sent a reporter to cover XBIZ Amsterdam earlier this month, resulting in a lengthy article about the annual European adult industry conference.

Bree Mills Unpacks Power, Pain and Family Ties in New Pure Taboo Film

Bell is shooting a scene for “The Secrets We Share,” a new feature from Pure Taboo and Adult Time — and moments like this remind the crew that they are not out to make just another adult movie.

Cubbi Thompson Stars in Latest From Brazzers

Cubbi Thompson stars with Keiran Lee in the latest release from Brazzers, titled "Slippery Business."

Pineapple Support Taps Char Borley as Brand Ambassador

Pineapple Support has named Char Borley as its newest brand ambassador.

Adult Time Drops Bree Mills' 'Hard Stop Reunion' Documentary, New Scene

Adult Time has released a documentary feature on the recent Bree Mills-helmed drama “Hard Stop” as well as a new cast orgy scene, titled “Hard Stop Reunion Orgy.”

Gal Ritchie Performs Her 1st Anal for Brazzers

Gal Ritchie performs her first anal scene alongside Ricky Johnson in the latest Brazzers release, titled “Say Hello to My Little Arsehole.”

Michigan Legislators Propose Online Porn Ban

Michigan lawmakers have introduced a bill that would make it illegal to distribute pornography via the internet in the state.

Florida AG Sues Aylo, Segpay Over State AV Law

Florida Attorney General James Uthmeier filed lawsuits against Aylo and Segpay on Monday with the 12th Judicial Circuit Court of Florida for noncompliance with HB3, the state's age verification law.

Colombian Court Sides with Performer Esperanza Goméz Over IG Suspensions

Colombia’s Constitutional Court last week ruled in favor of adult performer Esperanza Gómez in her legal battle against Meta over repeated suspensions of her Instagram account.

Elegant Angel Premieres Jennifer White Showcase 'Hollywood Whore'

Jennifer White gets the spotlight in a new six-part showcase release from Elegant Angel.

Show More