FBI Data on 2257 Inspections Won't Be Made Public

PHILADELPHIA — U.S. District Judge Michael Baylson, who is hearing the Free Speech Coalition's claims over the legality of 18 U.S.C. § 2257, signed last week a protective order governing disclosures of past inspections conducted under the federal record-keeping law for porn producers.

The Justice Department, as part of pretrial discovery proceedings, will produce copies of 29 inspections pursuant to 2257 that occurred between July 24, 2006, and Sept. 19, 2007, but none of the data will become public.

Information sought by the FSC will be protected by the the Privacy Act, a federal code of fair information practices that mandates how federal agencies, such as the FBI, maintain records about individuals.  

Baylson, in his order, outlined procedures for the disclosures of the 29 inspections, and access to the protected information will only be disclosed to attorneys for the government and the FSC, as well as their paralegals and court stenographers.

"Prior to production, the FBI will redact information contained in the reports, including any documents attached to those reports, that consists of personally identifying information regarding individuals appearing in visual depictions of sexually explicit conduct produced by the persons or entities that were subjects of the inspections, including names, aliases and addresses of those individuals," his order said.

If any party of the inspections were sought as potential witnesses, including FSC members and their employees, the identity of those individuals and other data would no longer be protected information, Baylson ordered.  

The FSC, which filed suit against the government three years ago along with more than a dozen other plaintiffs, asserts that the federal record-keeping law for porn producers is unconstitutional because it violates constitutional protections against unreasonable search and seizures under the 4th Amendment.

Sections 2257 and 2257A impose a record-keeping requirement on producers of sexually explicit materials and require that they make such records available to the government for inspection at all reasonable times.

While the inspections haven't been employed by the government for some time, the law continues to be in the books and federal inspectors may at any time launch inspections of the records and prosecute any infraction.

The regulations spell out requirements for the maintenance, categorization, location and inspection of records, as well as legal grounds for exemption of these requirements. They require that records be maintained for five years after the dissolution of a business that had been required to maintain them.

In 2008, the Justice Department modified 2257 to provide visual depictions of simulated sexually explicit conduct fall within the scope of materials for which the record-keeping requirement is triggered; actual lascivious exhibitions of the genitals or pubic area are also within the scope of materials triggering the requirement; and producers may use third-party custodians to store their records.

But Baylson, in a November memorandum, said that the 2008 changes will not cause every inspection in the future to be materially different from those in the past.

"The  broader scope of images for which the recordkeeping requirement is triggered will not lessen the invasiveness of future searches," he said in his ruling that keeps alive FSC's 4th Amendment privacy claims over 2257.

View 2257 suit's protective order

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

MyMember.site Integrates FSC's 'PrivateAV' Age Verification Solution

MyMember.site has integrated Free Speech Coalition's PrivateAV age verification tool into its website-building platform.

Pearl Industry Network Launches Creator Networking App Beta

Industry trade group Pearl Industry Network (PiN) has launched beta testing for the PiN Member App, a networking and collaboration tool for content creators.

Aleksa Mink Makes Elegant Angel Debut, Toplines 'Natural 9'

Aleksa Mink makes her Elegant Angel debut and headlines the ninth volume of "Natural."

Hotwife Hannah Makes Her WIFEY Debut

Hotwife Hannah stars with her husband Shaine and Anton Harden in the latest release from Vixen Media Group studio imprint WIFEY.

Wicked Premieres 1st Installment of Seth Gamble's Feature Comedy 'Sweet Juggs of Justice'

Wicked Pictures has released the debut installment of multi-XMAs award winner Seth Gamble's latest feature, "Sweet Juggs of Justice."

Ginger Lynn, Nina Hartley to Appear in Mainstream Erotic Thriller Next Month

Adult industry icons Ginger Lynn and Nina Hartley appear in the new mainstream movie "Anything That Moves," which will debut on Fandor on July 14.

Anissa Kate, Paris Lincoln Star in Latest From MILFY

Anissa Kate stars with Paris Lincoln and Filou Fitt in the latest release from Vixen Media Group studio imprint MILFY.

FSC: W.V. Age Verification Law Takes Effect June 12

The Free Speech Coalition has issued a reminder notice that West Virginia's age verification law takes effect on June 12, 2026.

Lola Morena Leads Latest From TransAngels

Lola Morena stars with JT in the latest release from TransAngels, titled "Shaping Desire."

Pineapple Support Taps Brad Mitchell, Jean-Micheal Veen for Senior Leadership Positions

Pineapple Support has named Brad Mitchell as its new board president and Jean-Micheal Veen as technology and development chair.

Show More