Justice Department Revises 6 Terms in 2257 Lawsuit

WASHINGTON - U.S. Justice Department trial attorney Samuel Kaplan sent a letter earlier this month to the attorneys representing the Free Speech Coalition in a lawsuit seeking to permanently enjoin 2257 record-keeping amendments. Kaplan’s letter “corrected” six terms in the amendments that the FSC attorneys felt had caused the greatest amount of confusion and were most inconsistent with the regulations and supporting comments.

FSC attorneys considered Justice’s retreat from those terms to be a step in the right direction; however, it is not yet known whether Kaplan’s letter will be binding as the case moves forward.

The letter stated the following clarifications to the statutes that were first published in the Federal Register May 24:

  • Domestic producers who travel outside the United States to record images of actual sexually explicit conduct may rely upon foreign government issued passports.
  • The requirement that “a copy of the depiction” must be maintained applies only prospectively; that is, materials recorded prior to June 23, 2005, are not covered, and no copy of the performance need be maintained.
  • The requirement that the “date of production, manufacture, publication, duplication, reproduction, or reissuance” be identified on the label is satisfied by stating the last date of filming and characterizing that as the date of production.
  • Material produced before June 23, 2005, that was compliant with the old regulations may continue to be marketed without fear of prosecution under the new regulations.
  • The term “actual sexually explicit conduct” does not include “lascivious exhibitions of the genitals;” (i.e., mere nudity).
  • Websites containing no depictions of “actual sexually explicit conduct” but that provide hyperlinks to third party websites which do contain such material have no record-keeping obligations.
  • The case of the FSC vs. Attorney General Alberto Gonzales was last heard on Aug. 2 in Denver, Colo. A ruling from the judge on whether to grant the FSC a preliminary injunction against the amended regulations is still pending.

    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

    Pornhub Unblocks Australia Users on iOS Devices, Citing Apple AV Effectiveness

    Pornhub parent company Aylo on Tuesday announced that users in Australia will once again be able to access the popular site if they are using Apple devices and have confirmed their age through Apple’s Australian age-verification process.

    Adult Time Drops Latest Installment of 'MILF Overload'

    Adult Time has released the latest installment of the Jim Powers-directed series "MILF Overload," titled "Boss Overload."

    Jewelz Blu Leads Latest From FreeUse

    Jewelz Blu stars with Jimmy Bud in the latest installment of the FreeUse series "Freaky Fembots."

    Raissa Bellini, Sarah Arabic Star in Latest From Brazzers

    Raissa Bellini and Sarah Arabic star with Victor Ray in the latest release from Brazzers, titled "Spilling Out of Their Loungewear."

    Rachel Rampage Makes Her Brazzers Debut

    Rachel Rampage has made her Brazzers debut alongside multi-XMAs winner Mick Blue in the studio's latest release, titled "Right Down To Cock Sucking Business."

    California Governor Signs Bill Limiting CIPA Claims

    Governor Gavin Newsom has signed into law a bill to narrow the scope of the California Invasion of Privacy Act (CIPA), to prevent abusive lawsuits targeting online businesses, including adult websites.

    Jennifer White, Jessi Rae Lead Latest From Blacked

    Reigning XMAs Female Performer of the Year Jennifer White stars alongside Jessi Rae and Isiah Maxwell in the latest release from Vixen Media Group studio imprint Blacked.

    Evil Angel Drops 'My Fantasy With Rocco'

    Evil Angel has released the latest title from director Rocco Siffredi, titled "My Fantasy With Rocco."

    California Enacts Stricter UGC Rules for Adult Sites

    Governor Gavin Newsom has signed into law a bill to impose tighter compliance standards for user-generated content (UGC) on adult websites accessible in California.

    UK Aims to Begin Enforcing 'Choking' Ban Before Year's End

    The U.K. will soon begin enforcement of a new law criminalizing depictions of “non-fatal strangulation” in adult content, according to a Ministry of Justice official.

    Show More