Is FSC Win Hurt by Hatch?

WASHINGTON — Despite winning a preliminary injunction in their bid to halt enforcement of several amended rules relative to U.S.C. 18 § 2257, moves earlier this month by Sen. Orrin G. Hatch, R-Utah, may take some of the luster off of the FSC’s victory.

In fact, some legal pundits think the victory itself will be short-lived.

On Dec. 16, Hatch introduced S. 2140, a bill that he said would strengthen enforcement tools regulating online adult content on the Internet.

Among the new requirements sought by S. 2140, Hatch is looking to apply the same record-keeping requirements to those who produce depictions of simulated conduct, instead of just depictions of actual conduct as 2257 currently demands.

“I think [this bill] contains a big mistake in targeting simulated sexual activity,” attorney Joe Obenberger told XBiz. “Presently the only thing defined in 2257 is actual depicted content.”

Despite “the mistake,” however, Obenberger doesn’t see the bill as anymore than “window dressing.”

“I think Hatch has been misled,” Obenberger said. “He is insulated by so many layers of insulation that he might as well be at the North Pole. I think he thinks he is doing something positive and he’s not. This bill is just window dressing. It doesn’t really change anything.”

The bigger issue at hand, Obenberger said, is still the issue of secondary producer requirements laid out by 2257, which he said could be hard to beat, especially within the current administration.

One of the arguments laid out by FSC against this requirement has been based on privacy, which Obenberger doesn’t think will come out victorious in the end.

“I wish it were contrary, but the issue is: How much privacy does someone surrender when there are already laws on the books requiring that these records be stored and passed along to secondary producers?” Obenberger said. “I think the argument is that once they waive their right to privacy about what they sound and look like while engaged in sexual activity, then by operation of law they also are surrendering their privacy as to their identify for the transaction involving the sale of the images.”

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

Romi Rain Fronts Latest From New Sensations

Romi Rain and Codey Steele star in the latest release from New Sensations.

JD Directs New Grazyeli Silva Showcase

Evil Angel has released JD’s Grazyeli Silva showcase, titled "Grazyeli Silva Sexcapades."

Heidi Jo Makes Her WIFEY Debut

Heidi Jo stars with her husband Jerri, Isiah Maxwell, and Hollywood Cash in the latest release from Vixen Media Group studio imprint WIFEY.

Anna Claire Clouds Leads Elegant Angel's 'Shared: A Hotwife Origin Story'

Reigning XMAs Female Performer of the Year Anna Claire Clouds stars in Elegant Angel's new feature thriller "Shared: A Hotwife Origin Story," part of the site's annual "Superstar September" initiative.

Gender X Drops 'Vampirella' Parody

Gender X Films has released its latest feature, "Transpirella," a parody of the 1970s sci-fi horror comic book "Vampirella," directed by Jim Powers.

JustFor.fans' Dominic Ford Featured in Wired Magazine

JustFor.fans Founder and CEO Dominic Ford is featured in a new article in Wired Magazine, titled "The Internet Revolutionized Porn. Age Verification Could Upend Everything."

Dr. Charlotte Gaydos Joins ProDx Health Advisory Board

Dr. Charlotte Gaydos has joined the Advisory Board of ProDx Health.

Aylo Fined $5 Million as FTC, Utah Settle Safety Practices Complaint

The Federal Trade Commission and the state of Utah on Wednesday settled a complaint against Aylo, requiring the company to pay a $5 million penalty and implement measures to prevent illegal content from appearing on its sites.

New AI Companion Platform 'Pornstar.love' Launches

Pornstar.love, a new AI companion platform, has officially launched.

Jonni Darkko Directs New Chloe Amour Showcase

Evil Angel has released Jonni Darrko’s Chloe Amour showcase, titled "Mon Amour."

Show More