Obenberger Asks for OMB Review of 2257

CHICAGO — The Justice Department's legally mandated call for public comments about the economic and manpower burdens associated with 18  U.S.C. § 2257 concluded yesterday.

While the public comments and the number of them have yet to be made public, one adult industry attorney has made his thoughts for adult entertainment records creation and maintenance be known.

Attorney Joe Obenberger said that he's hoping that he's "just lit a road flare and tossed it at DOJ," requesting further discussion on the economic impact of 2257 using an obscure federal law on determining the necessity for information, 44 U.S.C. § 3508.

"Using a very obscure provision in federal law, I've petitioned the Office of Management and Budget (OMB) to conduct a formal hearing into the economic burden of these regulations on not only the adult industry, but on ordinary Americans," Obenberger says. "I did this in face of the statutory obligation imposed on DOJ to assess these costs, and the failure or refusal of DOJ to 'certify' the truth of its pretty-crazy under estimates."

The OMB, Obenberger says, provides oversight over administrative agencies to insure the intent of Congress in the Paperwork Reduction Act of 1995 is complied with. This law was passed by Congress with the intent of keeping Regulators at bay and has a stated congressional intention of reducing the burden on the public.

In his comments, Obenberger says that "the Justice Department go back to the drafting board to think, perhaps for the first time, honestly about the burden its regulations impose — and to change the regulations to eliminate unwarranted burdens placed on ordinary Americans, on small businesses, on photographers and the press, and on advertisers."

Obenberger went on to say in his comment that "our Department of Justice has made serious criminals out of innocent people is shameful. The enormous human and financial burdens it imposes on private intimacy is shameful as well."

The Justice Department, Obenberger said, has "cavalierly ignored" the fact that the industry has changed over the past 15 years and that adult webmasters operate around "kitchen tables by people with day jobs operating on a shoestring, and with no funds with which to either rent an office or staff it  with a full time records custodian."

"The regulations which apply to small time mom-and-pop Internet operations and 19-year-old camgirls living in trailers and supporting themselves by live Internet shows, the 21st century equivalent in many cases of working at a local strip club, and far less tawdry and far less afflicted with the surroundings of crime, are the same regulations written by the Department of Justice to regulate a field that it  considered to be dominated by the Cosa Nostra when they were first written." 

Obenberger said that he's hopeful that his letter, which includes comments, illustrations of billboards and magazine advertising and Paparazzi images that are all within the sweep of the regulations and a petition for a formal investigatory hearing through the OMB, will get an adequate review from the Justice Department.

"Cross your fingers. Regardless of the outcome, I've lit at least a candle here, and time will tell whether what I've done will have any traction," he said.

View Obenberger's letter to the Justice Department

Related:  

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

Leah Hayes Returns to TransAngels

Leah Hayes stars with Robby Apples in the latest release from TransAngels, titled "Touchdown Fuckdown."

Gal Ritchie Stars in Latest From New Sensations

Gal Ritchie stars with Milan Ponjevic in the latest release from New Sensations.

Pre-Nominations Now Open for 2026 TEAs

The pre-nomination period for the 2026 Trans Erotica Awards (TEAs) is now open.

FSC Releases Updated Age-Verification Toolkit

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

Duke Tax Joins Pineapple Support as Supporter-Level Sponsor

Duke Tax has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

Daisy Pheonix, Melody Marks Front Brazzers Limited Series 'GenZZ'

Daisy Pheonix and Melody Marks star with Victor Ray in the latest release from Brazzers, titled “GenZZ.”

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.

Yhivi Stars in Latest From Transfixed

Yhivi stars with Foxxy and Summer Col in the latest release from Transfixed, titled "Detention Tension."

Brazzers Announces Pop-Up Gift Shop in NYC

Brazzers has announced a pop-up gift shop in New York City on Nov. 8-9.

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.

Show More