Justice Department Revises 6 Terms in 2257 Lawsuit

WASHINGTON - U.S. Justice Department trial attorney Samuel Kaplan sent a letter earlier this month to the attorneys representing the Free Speech Coalition in a lawsuit seeking to permanently enjoin 2257 record-keeping amendments. Kaplan’s letter “corrected” six terms in the amendments that the FSC attorneys felt had caused the greatest amount of confusion and were most inconsistent with the regulations and supporting comments.

FSC attorneys considered Justice’s retreat from those terms to be a step in the right direction; however, it is not yet known whether Kaplan’s letter will be binding as the case moves forward.

The letter stated the following clarifications to the statutes that were first published in the Federal Register May 24:

  • Domestic producers who travel outside the United States to record images of actual sexually explicit conduct may rely upon foreign government issued passports.
  • The requirement that “a copy of the depiction” must be maintained applies only prospectively; that is, materials recorded prior to June 23, 2005, are not covered, and no copy of the performance need be maintained.
  • The requirement that the “date of production, manufacture, publication, duplication, reproduction, or reissuance” be identified on the label is satisfied by stating the last date of filming and characterizing that as the date of production.
  • Material produced before June 23, 2005, that was compliant with the old regulations may continue to be marketed without fear of prosecution under the new regulations.
  • The term “actual sexually explicit conduct” does not include “lascivious exhibitions of the genitals;” (i.e., mere nudity).
  • Websites containing no depictions of “actual sexually explicit conduct” but that provide hyperlinks to third party websites which do contain such material have no record-keeping obligations.
  • The case of the FSC vs. Attorney General Alberto Gonzales was last heard on Aug. 2 in Denver, Colo. A ruling from the judge on whether to grant the FSC a preliminary injunction against the amended regulations is still pending.

    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

    Ofcom Cites Web Prime, Porntrex for Alleged AV Violations

    U.K. media regulator Ofcom on Tuesday notified two operators of adult websites of the agency’s provisional determination that the companies have failed to comply with provisions of the Online Safety Act.

    Mick Blue Tops TT5 Podium at NASA Championships

    Mick Blue took first place this past weekend in the national Time Trial 5 (TT5) race at the 2026 NASA Championships at Sebring International Raceway.

    FSC: Utah Excise Tax on Adult Content Goes Into Effect October 1

    The Free Speech Coalition (FSC) has issued an advisory that the Utah Excise Tax goes into effect tomorrow.

    Alison Rey Makes Long-Awaited Studio Anal Debut

    Alison Rey has performed her first anal alongside Small Hands in the latest release from Adult Time, directed by Casey Calvert.

    Rachael Cavalli Leads Latest From Bellesa Plus

    Rachael Cavalli stars alongside August Skye and multi-XMAs winner Vince Karter in the latest release from Bellesa Plus, titled “Double-Booked.”

    Elegant Angel Releases All-Star Orgy From '2026 Performers of the Year'

    Elegant Angel has released an all-star orgy from the 2026 edition of its annual series "Performers of the Year."

    Anissa Kate Reflects on 15 Years in the Spotlight and a New Life in L.A.

    Anissa Kate has made some unique memories over the course of her 15-year career in the adult industry. She fondly remembers shooting under the starry skies of the Nevada desert, and spending the night in the middle of nowhere because the shoot was scheduled to resume early in the morning to catch the sunrise.

    McKenzie Mae Headlines 1st Volume of Dorian Del Isla's 'Anal Teachings'

    McKenzie May toplines the first volume of director Dorian Del Isla's latest title, "Anal Teachings," from Evil Angel.

    Leilani Li Stars in Latest From TransAngels

    Leilani Li stars with Cali Sweets in the latest release from TransAngels, titled "Sorry I Fucked Your Sister."

    Segpay Parent Company Names David Press to Board

    Segpay parent company Toccata Inc. has named payment industry veteran David Press to its board of directors.

    Show More