Attorney Walters Comments on Proposed 2257A

ORLANDO, Fla. — First Amendment lawyer Lawrence Walters, of the firm Weston, Garrou, Walters & Mooney, offered his opinion and commentary on newly proposed 2257A regulations, published by the Justice Department in the Federal Register today.

The regs are proposed as a counterpart to current U.S.C. 18 2257 regulations, which dictate federal labeling and record-keeping regulations for producers of sexually explicit content.

One of the key additions to current regulations being proposed in 2257A would implement provisions of the Adam Walsh Child Protection and Safety Act of 2006, which would require producers of depictions of simulated sexually explicit conduct to maintain records documenting that performers in those depictions are at least 18 years of age.

Currently, content containing scenes of simulated sexually explicit content is not regulated by 2257 requirements.

“Amazingly, the Department of Justice completely ignores the fact that the entire 2257 regulatory scheme was declared unconstitutional in the Connection Distributing case,” Walters told XBIZ.

“The DOJ turns a blind eye to this and claims that it will apply the 2257 compliance obligations on the producers of 2257A content, since the courts have repeatedly upheld their validity” he added. “This demonstrates the kind of denial that the government is willing to engage in to impose more burden on the industry.”

Walters pointed out that a “safe harbor” exemption had been included in the proposal. Producers of softcore or simulated content that was created for commercial consumption that certified regularly to the attorney general adequate record-keeping procedures had been put into place and that no models under the age of 18 were used in the content, could then notify the attorney general every two years to avoid unwanted prosecution.

“The substance of the regulations is not particularly surprising, although the ability to obtain a compliance exemption may be of useful to those producers that focus on 'softcore' product that does not include actual sexual activity,” Walters said.

The attorney also spoke other proposed 2257 regulations that, according to Walters, have not been clarified, inferring that additional proposals would increase the difficulty for producers to comply with the regulations.

“What is somewhat unclear is the status of the proposed 2007 regulations,” Walters said.

“Some of those have been modified by the 2008 regulations, but others remain untouched — such as the requirement that 2257 records include the original date of production of the material,” he described. “It appears that those proposals remain on the table — to the extent they were not amended by the proposed 2008 regulations, but this is becoming an increasingly complex and unwieldy administrative nightmare.”

As for the proposals published today, Walters added, “It is important to keep in mind that these regulations have not been adopted yet, but are merely in the public comment phase.”

Walters is a frequent lecturer on the subject of free speech, and has authored numerous articles for mainstream and adult publications [including XBIZ] and legal reviews. He has represented several adult industry members and businesses.

Related:  

Copyright © 2024 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

MYLF Drops New Feature 'The House Bunny' for VIP Members

MYLF has released the full version of its latest feature, "The House Bunny," starring April MYLF of the Month Bunny Madison, exclusively for its VIP subscribers.

Baby Gemini Stars in Latest Release From Ricky's Room

Baby Gemini stars with Damion Dayski in "One Ticket to Pound Town," from Ricky's Room.

Opinion: Why Device-Based Age Verification is the Key to Protecting Minors Online

Across the United States, state legislators on both sides of the aisle have attempted to tackle the crucial goal of preventing minors from accessing adult content.

TMZ: VMG's Mike Moz in Talks About 'Potential Collab' With Yeezy

Vixen Media Group’s Mike Moz told TMZ on Friday that the company has been discussing a potential collaboration with Kanye West’s brand Yeezy.

Molly Little Headlines 1st Installment of Seth Gamble's 'Luminati'

LucidFlix has released the debut installment of "Luminati," the new cinemacore directing collaboration between reigning XBIZ Performer of the Year Seth Gamble and Siren Obscura, starring Molly Little.

Emma Rose Stars in 'Shifting Gears' From TransAngels

Reigning and two-time XBIZ Trans Performer of the Year Emma Rose stars with Tony Genius in "Shifting Gears," from TransAngels.

Age Verification: FSC's Mike Stabile Reports from the Front Lines

Two years into the religiously-inspired crusade to ban free access to adult material in the U.S. through carefully drafted "age verification" legislation, the constant onslaught of state-by-state proposals and laws — many of them copied from each other — can be hard to follow.

Written Erotica Platform 'Hevvn' Launches

Hevvn, a new platform aimed at erotica writers seeking to publish, promote and profit from their work, debuted Thursday.

Sssh.com's Angie Rowntree Speaks at Brown University

Sssh.com founder Angie Rowntree spoke at a Brown University class last week, discussing several topics related to adult filmmaking.

Bella Rolland Toplines 'The Sex Impulse' From Sweet Sinner

Bella Rolland headlines "The Sex Impulse," the latest release from Mile High Media studio brand Sweet Sinner.

Show More