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 © 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

X3 All-Stars Party Heats Up Hollywood Thursday Night

XBIZ is pleased to announce this year’s X3 All-Stars party, sponsored by Adult Time and Fleshlight, kicking off the 2026 X3 Expo.

Naughty America Launches AR Video Format 'Shows' on Real Girls Now Platform

Naughty America has launched "Shows," a new AR video format, on its Real Girls Now platform.

Alexis James Makes Her Kink.com Debut

Alexis James has made her Kink.com debut alongside Vince Karter in "Three Hole Domination."

Eris Jolie, Leah Hayes Front Latest From TransAngels

Eris Jolie and Leah Hayes star with Baxxx in the latest release from TransAngels, titled “Varsity Vixens.”

Olivia Del Rio Returns to Dorcel for 'PL4Y Vol. 2'

Olivia Del Rio stars in the new Dorcel title “PL4Y Vol. 2.”

Eve Sweet Leads Dorcel's 'Couture No. 3'

Reigning Euro XMAs Female Performer of the Year Eve Sweet headlines the latest release from Dorcel, titled “Couture No. 3.”

AEBN Reveals Ariel Demure as Top Trans Star for 2025

AEBN has revealed its top 10 trans stars list for 2025, with reigning XMAs Trans Performer of the Year Ariel Demure landing atop the leaderboard.

YourPaysitePartner Rebrands as Paysite.com

YourPaysitePartner has officially been rebranded as Paysite.com.

SWR Data Announces 2026 'State of Creator' Winter Report

Adult industry market research outfit SWR Data has announced that it will release data from its annual State of the Creator survey at an XBIZ LA workshop, taking place at the Kimpton Everly Hotel.

Holly Randall Launches Marketing Firm, Signs Stripchat Deal

Holly Randall has launched her new marketing firm, Holly Randall Agency, and signed the agency’s first deal with Stripchat.

Show More