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

Lauren Phillips, Derek Kage Cap AEBN's Top 100 Stars of 2025

AEBN has revealed its top 100-selling stars of 2025 in both gay and straight theaters.

The Game to Bring West Coast Fire to X3 Expo Grand Finale

Multi-platinum West Coast rapper The Game will close out X3 Expo grand finale, presented by Chaturbate, with a high-octane live performance at the Hollywood Palladium on Saturday, Jan. 17, delivering a finale built on swagger, legacy and raw LA energy.

Anna Bella Makes Her Studio Debut in Latest From Immoral

Anna Bella has made her studio debut in the latest release from Immoral Productions, alongside Matt Bird and studio honcho “Porno Dan” Leal.

Danni Jones Returns to Pervz

Danni Jones stars with Ryan Mclane in the latest episode of the Pervz series "ShoplyfterMYLF," titled "Case No. 8004409 — Weren’t You My Tutor?"

Former IEAU Officer Sentenced to 4 Months

Amanda Gullesserian, who performed in the industry under the name Phyllisha Anne and founded the now-defunct International Entertainment Adult Union (IEAU), has been sentenced to four months’ imprisonment for making a false statement in an IEAU federal financial report.

Sky Wonderland, Melody Marks Front Latest From Blacked Raw

Sky Wonderland and Melody Marks star with Sheem in the latest release from Vixen Media Group (VMG) studio imprint Blacked Raw.

2026 XBIZ LA Conference Schedule Announced

XBIZ is pleased to announce the release of the full show schedule for the XBIZ 2026 conference, set to take place Jan. 12-15 at the Kimpton Everly Hotel in Hollywood.

Needemand Joins ASACP as Corporate Sponsor

French startup company Needemand has signed on as the latest corporate sponsor for Association of Sites Advocating Child Protection (ASACP).

Grooby Kicks Off 30th Anniversary With Aubrey Kate Return

Two-time XMAs Trans Performer of the Year Aubrey Kate returns to Grooby for the first time since 2017, starring alongside Chris Epic to mark the commencement of the studio’s 30th anniversary year.

Octavia Red Stars in 'No Need for Men' From Futanari XXX

Octavia Red stars with Ava Amira in “No Need for Men Pt. 1,” from Futanari XXX, directed by studio honcho Romero.

Show More