Tube Sites Likely Liable Under Revised 2257 Provisions, Attorney Says

LOS ANGELES — The newly released 2257 revisions may make tube sites legally liable if the content they promote is being distributed for commercial gain.

“If it's user-generated material in which the site doesn’t control the content, the site nevertheless is a distributor,” noted adult industry attorney Gregory Piccionelli told XBIZ.

Separately, Piccionelli questioned how the small text on mobile-based adult sites would be affected by the new 2257 rules. With the revised legislation requiring, at the minimum, a hyperlink to a disclosure statement, it may create problems for businesses operating in the mobile market, Piccionelli said.

But BustBox.com founder Harvey Kaplan said his mobile-optimized site, BustBox.mobi, already contains a hyperlink at the bottom of each page that leads to a third page that contains the necessary label.

With respect to the user-generated content, Kaplan said he generally avoids it to prevent running afoul of the rules.

“There’s no way to track the user-generated content backwards to the original producer and get 2257 data from them,” Kaplan said.

Although 2257 revisions introduced this week are expected to become policy on the day President-elect Barack Obama is sworn in, whether they will be enforced — and how — is a matter of speculation across the industry.

Piccionelli said he expects very little obscenity prosecution resulting out of 2257 violations will occur under the Obama administration, because the officials in it are more likely to focus on child pornography and legislation for filtering content.

Who fills the top position at the Justice Department will determine the effect on the adult industry, according to Piccionelli. Obama’s choice to fill that slot, Eric Holder, “seemed comfortable with the idea of prosecuting obscenity” when he worked at the Justice Department toward the end of the Clinton administration.

“A lot of people in the blogosphere have opined that Holder may not be very friendly to the adult industry,” Piccionelli said. “I don’t think there’s any great cause for concern that Holder will prosecute obscenity cases.”

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 News

FSC Releases Updated Age-Verification Toolkit

The Free Speech Coalition (FSC) has announced the release of its updated age verification toolkit.

UK Moving Ahead with Plan to Outlaw 'Choking' Content

The U.K. government has announced its intent to follow through on criminalizing “choking” content, a plan that was announced earlier this year.

Italy to Require Age Verification for Adult Sites

Italian media regulator AGCOM has announced that all sites and platforms hosting adult content will be required to implement age verification systems starting Nov. 12 to prevent access by users under 18.

Russian Lawmakers Call for Age Verification

Two Russian lawmakers have called on the country’s government to implement age verification for adult content.

Canadian Privacy Commissioner Endorses National AV Bill

Philippe Dufresne, privacy commissioner of Canada, has voiced support for a bill that would impose fines of up to $500,000 on adult sites that do not implement age verification for Canadian viewers.

Industry Attorney Paul Cambria Retires After 50 Years of Practicing Law

After more than a half-century in practice, during which he provided the defense in some of the adult industry's most notable legal cases, attorney Paul Cambria has retired.

FSC: California's Device-Based AV Law Does Not Apply to Adult

The Free Speech Coalition (FSC) put out an advisory today explaining that California's new device-based age verification law does not apply to adult websites.

Ohio AG Threatens Action Against 'Major' Adult Sites Over AV Law

Ohio Attorney General Dave Yost announced today that his office is sending "notice of violation" letters to 19 adult websites for failure to comply with the state's recently enacted age verification law.

Ukrainian Content Creators on Hook for Nearly $10M in Back Taxes

Content creators in Ukraine owe the equivalent of $9.3 million in back taxes, according to the country's State Tax Service.

Updated: European Patent Office Board of Appeals Revokes EIS GmbH Patent

The European Patent Office (EPO) Board of Appeals last week ruled in favor of pleasure brand LELO in the company's ongoing dispute with Satisfyer parent company EIS GmbH.

Show More