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

Silvia Saige. Leana Lovings Star in Latest From Bellesa Plus

Silvia Saige and Leana Lovings star with Nathan Bronson in the latest release from Bellesa Plus, titled "Under Her Influence."

Blake Lovely, Esme Rogue Star in Latest From TGirls.porn

Blake Lovely and Esme Rogue star in the latest release from Grooby paysite TGirls.Porn, titled "The Great Outdoors."

AEBN Reveals Ariel Demure as Top Trans Star for Q3 of 2026

AEBN has named its top trans stars for the third quarter of 2026, with Ariel Demure landing atop the leaderboard.

Porn Piracy: How AI Is Transforming Content Theft and Protection

Gone are the days when the word “pirate” primarily conjured images of clever scoundrels like Captain Jack Sparrow, swaggering across the high seas in search of gold and jewels. Today’s most prolific pirates operate in the darkest corners of the internet, armed with bots, scrapers and generative AI.

Private Drops Latest Volume of 'Flight Attendants Fuck Better'

Private has released the second volume of "Flight Attendants Fuck Better," directed by Xavi Rocka.

Erika Lust Talks Parenting, Personal Growth and the Power of Porn at LA Book Launch

Acclaimed director and producer Erika Lust, founder of the Barcelona-based studio that bears her name, brought her new book “Lust: Pleasure, Performance, Power” to a packed Dynasty Typewriter theater in Los Angeles Tuesday night for a spirited reading.

Playhaus Network Launches Podcast Platform Through PAYSITE

Entertainment website The Playhaus Network is launching its new podcast platform through PAYSITE.

Jesse Pony, Alexa Chains Headline Latest 'Hookup Hotshot: Internet Sex Addicts'

Jesse Pony and Alexa Chains topline the 13th volume of director Ryan Gozzling's "Hookup Hotshot: Internet Sex Addicts" for Evil Angel.

Codi Vore, Lani Rivers Star in Latest From Brazzers

Codi Vore and Lani Rivers star with Van Wylde in the latest release from Brazzers, titled "The Bar With the Best Rep."

Sportsheets Wins Trademark Infringement Case Against Copycat Website

The World Intellectual Property Organization (WIPO) has ruled in favor of adult brand Sportsheets in a case against a copycat website using an infringing domain.

Show More