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 © 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

UK House of Commons Moves to Tone Down Porn Amendments

The House of Commons has modified amendments to the U.K.’s pending Crime and Policing Bill, including provisions regulating “step” content, content featuring adults role-playing as minors, and performers’ ability to withdraw consent.

Final IRS 'No Tax on Tips' Rule Excludes Pornography

The Internal Revenue Service on Monday published final regulations on the “No Tax on Tips” provision included in the “One Big Beautiful Bill Act,” offering new tax deductions for tip workers but excluding revenue received for “pornographic activity.”

Pennsylvania Legislature Weighs 'Porn Tax' Bill

The Pennsylvania State Senate is considering a bill that would impose a 10% tax on the revenue of adult websites doing business in that state.

Trump Tariffs Refund Process to Launch April 20

WASHINGTON — U.S. Customs and Border Protection (CBP) will begin the process of refunding duties paid under the Trump administration’s sweeping program of tariffs by providing, starting April 20, an online tool for submitting refund claims.

UK Government May Limit 'Step' Porn Ban With New Amendments

The U.K. Ministry of Justice on Friday revealed new government amendments to the pending Crime and Policing Bill, potentially limiting a planned ban on “step” content to apply only if adult performers role-play as minors.

Arizona Senate Removes 'Catch-22' Provision From Consent Bill

The Arizona State Senate has amended a bill that would impose new requirements for adult content uploaded online, removing a seemingly contradictory provision that could have effectively made it impossible for adult sites to operate in the state.

Italian Court in Aylo Case Limits International Reach of AV Rules

An Italian administrative court has ruled that Italy’s recently-enacted age verification rules for adult content may not currently be enforced against sites based in other EU member states, pending further procedural action under the EU’s Directive on Electronic Commerce.

OCC, FDIC Prohibit Use of 'Reputation Risk' by Regulators

The Office of the Comptroller of the Currency (OCC) and the Federal Deposit Insurance Corporation (FDIC) on Tuesday issued a final rule codifying the elimination of "reputation risk" as a criterion in their supervision of financial institutions.

Wisconsin Governor Vetoes Age Verification Bill

Gov. Tony Evers on Friday vetoed AB 105, an age verification bill that would have allowed anyone to sue adult content providers for damages over alleged failure to age-verify users in Wisconsin, with penalties of up to $10,000 per violation.

FSC Releases Statement on Wisconsin Governor Vetoing AV Bill

The Free Speech Coalition has released a statement on Wisconsin Gov. Tony Evers’ veto of the state’s age-verification legislation.

Show More