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

opinion

The 'Wall of Shame' in Adult Retail: Deterrent or Dilemma?

Retail theft affects all kinds of businesses, but adult retailers face unique challenges when it comes to loss prevention. One of the more controversial strategies some retailers have adopted is the “wall of shame,” a public display of shoplifters caught in the act.

Rin Musick ·
profile

Segpay Marks 20 Years of High-Risk Triumphs

Payment processors are behind-the-scenes players in the world of ecommerce, yet their role is critical. Ensuring secure, seamless transactions while navigating a rapidly changing regulatory landscape requires both technological expertise and business acumen.

Jackie Backman ·
opinion

The SCREEN Test: How to Prepare for Federal Age Verification

For those who are counting, there are now 20 enacted state laws in the United States requiring age verification for viewing online adult content, plus numerous proposed laws in the works. This ongoing barrage has been exhausting for many in the adult industry — and it may be about to escalate in the form of a potential new AV law, this time at the federal level.

Corey D. Silverstein ·
opinion

Mitigating Retail Shrink Through Intelligent Video Solutions

Retail shrink isn’t just a cost of doing business — it’s an existential threat. Theft, fraud, operational inefficiencies and employee mismanagement chip away at profits in ways that many business owners don’t even realize.

Sean Quinn ·
opinion

How to Master Team Dynamics for Business Success

Having the right team in place is everything. Whether getting a startup off the ground and thriving, or safeguarding an established company, the right — or wrong — people can mean the difference between a successful venture and a failed dream.

Juicy Jay ·
opinion

The Power of Authenticity in Selling Pleasure Products

I’ve been working in the pleasure industry for more than two decades. For a significant chunk of that time, I thought that to be successful in sales, I had to fit a mold. I assumed that selling meant following a formula: say the right things, use the right voice and present myself in a way that was guaranteed to convert.

Kimberly Scott Faubel ·
opinion

Eight Steps to Fast-Track AI Site Approval for Processing

Artificial intelligence is a hot topic these days. AI technology is speeding up the way we do business across all industries and offers numerous benefits, from automating processes to increasing efficiency and scalability.

Cathy Beardsley ·
profile

Dennis DeSantis on Building a Blockbuster Career in Adult Retail

The adult industry and the mainstream Hollywood scene often intersect, and few executives are more familiar with that crossover than Dennis DeSantis.

Ariana Rodriguez ·
opinion

How to Secure High-Risk Transactions With Network Tokenization

Ensuring the security of data as it moves through digital channels is the foundation of safe transactions, and crucial for your success. If your business can’t secure transactions, you’re exposed to myriad processing traumas.

Jonathan Corona ·
profile

'Pleasure Professionals Place' Facebook Group Marks 5 Years of Fostering Connections

Where can you find the pleasure industry’s most tantalizing, trending and relevant conversational banter? For once, we’re not talking about a trade show after-party!

Colleen Godin ·
Show More