Obenberger: U.S. Hasn't Complied With 2257 Provisions

CHICAGO — Adult industry attorney Joe Obenberger says that it's evident that the Justice Department is breaking provisions of the federal recordkeeping requirements for adult producers.

Obenberger told XBIZ that the Justice Department has responded to several Freedom of Information Act (FOIA) requests seeking access to mandatory annual reports concerning the enforcement of 18 U.S.C. § 2257 and that he's been told by the Justice Department that a search fails to locate any records after an initial report in April 2004.

That's a problem for Obenberger because 18 U.S.C. § 2257A specifically includes a section that was written to make the federal government's efforts involving 2257 transparent.

"It appears they stopped with the reports after the first one in 2004," Obenberger says. "So here's the Justice Department talking out of both sides of the mouth — making adult producers comply with the rules when they don't comply themselves."

According to Section K of 2257A, "On an annual basis, the Attorney General shall submit a report to Congress concerning the enforcement of this section and Section 2257 by the Department of Justice during the previous 12-month period; and including the number of inspections undertaken pursuant to this section and Section 2257; the number of open investigations pursuant to this section and Section 2257; the number of cases in which a person has been charged with a violation of this section and Section 2257; and for each case listed in response ...  the name of the lead defendant, the federal district in which the case was brought, the court tracking number and a synopsis of the violation and its disposition, if any, including settlements, sentences, recoveries and penalties."

Obenberger made FOIA requests twice — first with the Justice Department's central database in July 2012, then again with the Justice Department's Child Exploitation and Obscenity Section where he was directed.

Last month, he received word from the Justice Department's Child Exploitation and Obscenity Section that there were no records of congressionally mandated annual reports relative to 2257 in existence past 2004.

While detailed 2257 reports apparently haven't been produced and sent to Congress or even made public, some details involving recordkeeping inspections are surfacing.

Last week, the government released exhibits revealing details of 29 inspections conducted between July 24, 2006, and Sept. 19, 2007.

Those exhibits, made publicly available for the first time, were introduced as evidence by the government, which is defending against the legality of the statute in a suit initiated by the Free Speech Coalition and other defendants. Trial is set to begin in the case on June 3 in Philadelphia federal court.

View FOIA correspondence between attorney Joe Obenberger, 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

AdultHTML Launches 'Dedicated AI-First' Solution

AdultHTML has launched its Dedicated AI-First developer solution.

Sofia Smith, Ria Sunn & Lexi Star Topline Latest Volume of Angelo Godshack's 'Angels of Hardcore'

Sofia Smith, Ria Sunn, and Lexi Star headline the fifth volume of director Angelo Godshack’s “Angels of Hardcore,” from Evil Angel.

Isa Bella, Scarlette Moon Headline 'Married to Him, Craving Her'

Isa Bella and Scarlette Moon topline the latest release from Girlfriends Films, titled "Married to Him, Craving Her."

Girlsway Debuts Casey Calvert Drama 'Straight Girls'

Girlsway has released the new drama from multi-XMAs winner Casey Calvert, titled “Straight Girls.”

Juliana Marie, Lana Gee Front Latest Release From TeamSkeet

Juliana Marie stars with Lana Gee and Danny Mountain in the latest scene from TeamSkeet’s “Singles” series, titled “Dad’s Safety Lessons: I Caught Them Riding a Dildo Bike.”

Milena Ray Performs Her 1st DVP for Immoral Productions

Milena Ray performs her first DVP alongside Matt Bird, Terry Banks, and "Porno Dan" Leal in the latest trilogy from Immoral Productions.

Richard Mann Drops New Evil Angel Scene With Sona Bella

Sona Bella stars with director Richard Mann in a new release from Evil Angel.

Emma Rose Leads New Release from Grooby

Multi-XMAs winner Emma Rose stars in the latest release from GroobyVR.

Lauren Phillips Fronts Latest From MYLF

2024 XMAs MILF Performer of the Year Lauren Phillips stars with Anthony Pierce in the latest release from MYLF series “Anal Mom.”

Lilly Bell Makes Her Tushy Raw Debut

XMAs winner Lilly Bell has made her debut for Tushy Raw alongside Jimmy Bud in the latest release from the Vixen Media Group imprint.

Show More