opinion

"New" 2257 Regs in a Nutshell

As most of you have probably heard, the DoJ is publishing the "new" 2257 regulations in the Federal Register today, which means they will go into effect in ninety days. I am sure industry attorneys will weigh in ad nauseam with interpretations of what the regs say, and this time around we can only hope and pray, and then pray some more, that they find common ground on which to agree (I jest), but in the meantime, the bullets below (courtesy of DoJ!) will give you an idea of the changes Justice has agreed to make.

  • Consolidated the publication of the final versions of the two proposed rules into one final rule;
  • Ensured that the regulatory requirements applicable to depictions of actualsexually explicit conduct consisting of lascivious exhibition apply starting on the date of availability of the statutorily provided safe harbor;
  • Permitted the use of third-party custodians of records;
  • Permitted records to be maintained digitally;
  • Clarified the exemption from the record-keeping requirements for those engaged in distribution;
  • Clarified that, for purposes of the requirement that every page of a webpage contain the disclosure statement, a hyperlink or “mouseover” is permitted;
  • Eliminated the requirement that statements on the location of records contain a date of production (or any other date), although added a requirement that primary producers create a record of the date of production;
  • Clarified the application of the requirements regarding location of the statement to DVDs; and
  • Eliminated the detailed information required by the certification regime, and replaced it with a significantly simpler certification.

Personally, I think the ability to use off-site third party entities to keep 2257 records is pretty damn huge, and should save a lot of the smaller people a lot of time, money and aggravation in the long run. I think it is safe to say that the DoJ just helped create a cottage industry within adult.

Way to go, coppers!

One area I will need clarification on has to do with adult sites that allow user-generated content (i.e. Tubes, dating site, etc.). My reading tells me that while some of them are exempt from 2257 requirements, the uploading producer of the content is not.

"...Businesses such as dating services that in fact do not produce depictions of sexually explicit conduct, are not the entities that are responsible for record-keeping and disclosure statements. Those responsibilities in those circumstances would fall upon the individuals who post graphic content on the site."

DoJ also says that adult Tube sites "... may be exempt from keeping records, since the original individual producer who posts a depiction on that site is required to affix a disclosure notice to each page of the sexually explicit depiction..."

Seems pretty clear, but what I don't see is what happens to the site if the uploader does not provide 2257 documentation in the form of a custodian of record name and address and the site still allows the content to be uploaded. I would presume that they then lose their safe harbor.

Also, if I'm reading this provision correctly, what will its enforcement do to the illegal Tube model that continues to bedevil the industry? Will "civilians" actually include such documentation? Doubtful. And what about uploaders of illegal content? Will they provide 2257 along with the contraband? Doubtful as well.

Is DoJ unwittingly handing the industry a solution to the illegal tube dilemma? Or is it trying to unconstitutionally stifle yet another form of speech, but this time that of regular citizens?

I'm just asking.

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 Articles

trends

Multipurpose Products Take Center Stage as Pleasure Brands Face Headwinds in Europe

As 2025 unfolds, the European pleasure industry finds itself balancing between resilience and recalibration. After riding high on customer demand during the pandemic, the sector is now adjusting to more cautious customer behavior, global geopolitical tensions and shifting retail strategies.

Ariana Rodriguez ·
opinion

Balancing Content Creation With Real-Life Desire

Let’s be real for a moment: Nobody actually wakes up turned on, camera-ready and full of fantasy, then stays that way 24/7. For most people, that’s not a problem — but when your livelihood depends on creating clips, livestreaming or running fan pages, a mismatch between libido and schedule can feel like a personal and professional crisis.

Megan Stokes ·
profile

Cami Strella on Crafting Persona, Claiming Power

With her long, silky black hair, dark eyes and warm olive skin, Cami Strella looks like she might have stepped out of an Isabele Allende novel. But while she may be in the business of fantasy — as are all adult performers and creators, to one degree or another — the thriving indie brand Strella has been building, one strategic move at a time, is very real indeed.

Jackie Backman ·
profile

WIA Profile: Sara Gaffoor

Though it may seem surprising to outsiders, industry veterans are well acquainted with the self-esteem, personal growth and rewarding career achievements that can come with a job in the sex toy space.

Women in Adult ·
profile

Zhe Founder Karyn Elizabeth Creates Gender-Affirming Lingerie Fashion

For years, the mainstream lingerie market has been shaped by narrow beauty standards and cisnormativity, with little room for gender diversity. Most lingerie is designed to fit cisgender female bodies, while trans people are often forced to go DIY with uncomfortable solutions like pantyhose, duct tape and ill-fitting shapewear.

Naima Karp ·
opinion

Breaking Down HB 805 and How it Affects the Adult Industry

North Carolina House Bill 805 was enacted July 29, after the state legislature overrode Governor Josh Stein’s veto. The provisions that relate to the adult industry, imposing requirements for age verification, consent and content removal, are scheduled to become effective Dec. 1. Platforms have until then to update their policies and systems to comply with the new regulations.

Corey D. Silverstein ·
opinion

Staying Compliant With Payment Standards Across Europe and Australia

So, you’ve got your eye on international growth. Smart move. No matter where adult-industry merchants operate, however, one requirement remains consistent: regulatory compliance. This isn’t just a legal checkbox — it’s a critical component of keeping payments flowing and business operations intact.

Jonathan Corona ·
profile

Neon Coyotes Sets the Tone for Trendiness With Bespoke Leather Kink Wear

If your kink wear can’t readily make the leap from a dark BDSM dungeon to a sunny, mimosa-fueled brunch, you haven’t yet been initiated into the cult of the Neon Coyotes — fresh, leather kink wear brand transforming restraints into runway-ready art.

Colleen Godin ·
opinion

Why It's Time for Adult Retail to Embrace AI

In the late 1980s, I was working in the rental car business. My first company didn’t have a single computer. Everything — contracts, inventory, employee records — was done by hand. If you wanted a report, you dug through paper files and crunched numbers on a calculator. It was tedious, but it was all we knew.

Zondre Watson ·
opinion

How to Avoid Copyright Pitfalls When Using Music in Adult Content

When creating an adult video, bringing your vision to life often means assembling just the right ingredients — including the right music. However, adding music to adult content can raise complex legal and ethical issues.

Lawrence G. Walters ·
Show More