Tube Sites Likely Liable Under Revised 2257 Provisions, Attorney Says

LOS ANGELES — The newly released 2257 revisions may make tube sites legally liable if the content they promote is being distributed for commercial gain.

“If it's user-generated material in which the site doesn’t control the content, the site nevertheless is a distributor,” noted adult industry attorney Gregory Piccionelli told XBIZ.

Separately, Piccionelli questioned how the small text on mobile-based adult sites would be affected by the new 2257 rules. With the revised legislation requiring, at the minimum, a hyperlink to a disclosure statement, it may create problems for businesses operating in the mobile market, Piccionelli said.

But BustBox.com founder Harvey Kaplan said his mobile-optimized site, BustBox.mobi, already contains a hyperlink at the bottom of each page that leads to a third page that contains the necessary label.

With respect to the user-generated content, Kaplan said he generally avoids it to prevent running afoul of the rules.

“There’s no way to track the user-generated content backwards to the original producer and get 2257 data from them,” Kaplan said.

Although 2257 revisions introduced this week are expected to become policy on the day President-elect Barack Obama is sworn in, whether they will be enforced — and how — is a matter of speculation across the industry.

Piccionelli said he expects very little obscenity prosecution resulting out of 2257 violations will occur under the Obama administration, because the officials in it are more likely to focus on child pornography and legislation for filtering content.

Who fills the top position at the Justice Department will determine the effect on the adult industry, according to Piccionelli. Obama’s choice to fill that slot, Eric Holder, “seemed comfortable with the idea of prosecuting obscenity” when he worked at the Justice Department toward the end of the Clinton administration.

“A lot of people in the blogosphere have opined that Holder may not be very friendly to the adult industry,” Piccionelli said. “I don’t think there’s any great cause for concern that Holder will prosecute obscenity cases.”

Copyright © 2025 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

New EU User Stats Could Reclassify Major Adult Sites Under DSA

Three high-traffic adult sites previously classified as “very large online platforms” under the European Union’s Digital Services Act are reporting user numbers below the threshold for that label, opening the way for possible downgrading of their obligations under that law.

Singapore Livestreamer Jailed for Performing 'Obscene Acts' in Public

A judge in Singapore on Thursday sentenced a Vietnamese woman to three weeks in jail for livestreaming “obscene acts” from a public area.

South Dakota Legislators Debate AV Legal Strategies

The South Dakota state Senate Judiciary Committee on Tuesday heard testimony and debate over two competing age verification bills, in a hearing that focused largely on which piece of legislation could best withstand potential legal challenges.

North Dakota Legislature Backs Off on Device-Based AV

A North Dakota state senator who sponsored a device-based age verification bill that Free Speech Coalition (FSC) endorsed is now seeking to amend the bill to require site-based age verification instead.

NYC Adult Stores May Face Enforcement of 2001 Zoning Law

Adult retail stores in New York City are bracing for a potential crisis as an appeals court considers whether to allow enforcement of a 2001 city zoning law aimed at forcing them out of most parts of the city.

FSC Brings Adult Industry Debanking Issues to Congressional Hearing

The Free Speech Coalition (FSC) recently had its "Statement for the Record" on the debanking of adult industry members read to the U.S. House of Representatives.

Solomon Friedman of Ethical Capital Partners Profiled in Canada's National Post

Solomon Friedman of Ethical Capital Partners, the investment group that controls Aylo and its flagship website, Pornhub, is profiled this week in Canada's National Post newspaper.

Under EU Rules, Apple Permits 1st Porn App on iPhone

Apple has begrudgingly approved the first porn app for use on iPhones, which is now available in Europe.

Ofcom Closes OnlyFans Age-Gating Investigation

U.K. communications regulator Ofcom has discontinued an investigation into whether OnlyFans violated the Online Safety Act (OSA) by failing to prevent minors from viewing adult content.

New York Joins List of States Weighing AV Bills

New York is the latest state to consider legislation that would require adult sites to verify the ages of users seeking to access adult content.

Show More