Attorney Walters Comments on Proposed 2257A

ORLANDO, Fla. — First Amendment lawyer Lawrence Walters, of the firm Weston, Garrou, Walters & Mooney, offered his opinion and commentary on newly proposed 2257A regulations, published by the Justice Department in the Federal Register today.

The regs are proposed as a counterpart to current U.S.C. 18 2257 regulations, which dictate federal labeling and record-keeping regulations for producers of sexually explicit content.

One of the key additions to current regulations being proposed in 2257A would implement provisions of the Adam Walsh Child Protection and Safety Act of 2006, which would require producers of depictions of simulated sexually explicit conduct to maintain records documenting that performers in those depictions are at least 18 years of age.

Currently, content containing scenes of simulated sexually explicit content is not regulated by 2257 requirements.

“Amazingly, the Department of Justice completely ignores the fact that the entire 2257 regulatory scheme was declared unconstitutional in the Connection Distributing case,” Walters told XBIZ.

“The DOJ turns a blind eye to this and claims that it will apply the 2257 compliance obligations on the producers of 2257A content, since the courts have repeatedly upheld their validity” he added. “This demonstrates the kind of denial that the government is willing to engage in to impose more burden on the industry.”

Walters pointed out that a “safe harbor” exemption had been included in the proposal. Producers of softcore or simulated content that was created for commercial consumption that certified regularly to the attorney general adequate record-keeping procedures had been put into place and that no models under the age of 18 were used in the content, could then notify the attorney general every two years to avoid unwanted prosecution.

“The substance of the regulations is not particularly surprising, although the ability to obtain a compliance exemption may be of useful to those producers that focus on 'softcore' product that does not include actual sexual activity,” Walters said.

The attorney also spoke other proposed 2257 regulations that, according to Walters, have not been clarified, inferring that additional proposals would increase the difficulty for producers to comply with the regulations.

“What is somewhat unclear is the status of the proposed 2007 regulations,” Walters said.

“Some of those have been modified by the 2008 regulations, but others remain untouched — such as the requirement that 2257 records include the original date of production of the material,” he described. “It appears that those proposals remain on the table — to the extent they were not amended by the proposed 2008 regulations, but this is becoming an increasingly complex and unwieldy administrative nightmare.”

As for the proposals published today, Walters added, “It is important to keep in mind that these regulations have not been adopted yet, but are merely in the public comment phase.”

Walters is a frequent lecturer on the subject of free speech, and has authored numerous articles for mainstream and adult publications [including XBIZ] and legal reviews. He has represented several adult industry members and businesses.

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

Ameena Green on Delayed Gratification and Finding her 'Synthesis' Moment

In an industry that sometimes moves at breakneck speed, Ameena Green is taking it slow.

Pearl Industry Network Launches 'TrustLink' Verification Platform for Creators

Trade group Pearl Industry Network (PiN) has launched TrustLink, its free verification platform for creators.

Juliana Marie Makes Her West Coast Productions Debut

Juliana Marie has made her debut for West Coast Productions (WCP), alongside Jovan Jordan, in the studio’s latest release, titled “The Monster Tamer.”

Krystal Sparks, Nicky Huntsman & Natalia Starr Front 'Austin Powers' Parody From MYLF

Krystal Sparks, Natalia Starr, and Nicky Huntsman star with Quinton James in a new “Austin Powers” parody from MYLF.

Scarlet Chase Stars in 'Slippery Sloppy Slut' From SecretCrush

Evil Angel has released the latest scene from Scarlet Chase's SecretCrush brand, titled "Slippery Sloppy Slut."

UPDATED: Supreme Court Rejects Tariffs, Trump Responds

The U.S. Supreme Court on Friday ruled against the Trump administration’s sweeping tariffs, which have significantly impacted the pleasure industry, prompting the president to announce a new tariff strategy as a workaround.

Ricky's Room Releases New Title 'Gemini's Room'

Ricky’s Room has released its Baby Gemini showcase, "Gemini’s Room," on DVD.

Candee Licious, Zazie Skymm Star in Latest From MixedX

Candee Licious and Zazie Skymm star in the latest release from MixedX, titled “The Other Memory.”

FSC Updates Complaint in Tennessee AV Case, AG Motions to Dismiss

The Free Speech Coalition this week filed an amended complaint in its lawsuit challenging the Protect Tennessee Minors Act as unconstitutional, in response to which the Tennessee attorney general motioned for dismissal of the case.

Sabien DeMonia Drops Latest Evil Angel Directorial

Reigning Euro XMAs MILF Performer of the Year Sabien DeMonia has dropped her latest directorial effort for Evil Angel, “0% Pussy 100% Anal Squirt Hardcore Gape: Polish.”

Show More