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

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."

Pineapple Support, Stripchat to Host 'Navigating Thoughts of Suicide' Support Group

Pineapple Support and Stripchat are hosting a free online support group to help performers deal with suicidal ideation.

Plaiir Names Cade Maddox as Lead of Creator Relations

Networking platform Plaiir has appointed Cade Maddox as its new lead of creator relations.

Bella Reid Named Penthouse's 'Pet of the Month' for September

Penthouse Magazine has named Bella Reid as Pet of the Month for September.

Go.cam Launches 'One-Line Integration' Verification Solution

Go.cam has introduced a one-line code integration for age verification.

Andi Avalon Fronts Latest From New Sensations

Andi Avalon and Ken Feels star in the latest release from New Sensations.

Ricky's Room Drops Final Installment of Baby Gemini Showcase

Ricky’s Room has released the final installment of its Baby Gemini showcase, titled "Six Bodies In Motion."

Show More