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 © 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

    Jade Kimiko, Cecelia Taylor Headline 'Women Seeking Women 199'

    Jade Kimiko and Cecelia Taylor topline “Women Seeking Women 199” from Girlfriends Films.

    Adult Industry Educational, Networking Platform 'Imperfectly You' Launches

    Imperfectly You, an educational and networking platform for adult industry workers, has officially launched.

    Segpay to Launch News Network for High-Risk Merchants

    Segpay has announced that it will launch the Segpay News Network (SNN) on April 15.

    Age Verification Watch: Patching the Holes

    This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

    Kaela Luna Makes Her TransAngels Debut

    Kaela Luna has made her TransAngles debut alongside Parker Savage and Harrison Feels in “Jackhammering Kaela.”

    Adult Time Marks April Fool's Day With 5 Satirical Releases

    Adult Time is marking April Fool’s Day with the release of satirical scenes from five of its series.

    Pineapple Support to Host Autism Spectrum Support Group

    Pineapple Support is hosting a free online support group for performers and creators who are, or suspect they may be, on the autism spectrum.

    Adult Time Wraps Production on Bree Mills' Feature 'Escape From Camp Conversion'

    Adult Time has wrapped production on its latest feature, the Bree Mills-helmed "Escape From Camp Conversion," from its Girlcore studio brand.

    Daisy Fox Makes Her TeamSkeet Debut

    Daisy Fox makes her TeamSkeet debut in the latest episode of the studio series "She's New," titled "A Foxy Little Newcomer," with Nicky Rebel.

    Elizabeth Skylar Performs Her 1st B/B/G in Latest From New Sensations

    Elizabeth Skylar has performed her first B/B/G in the latest scene from New Sensations, with Codey Steele and Milan Ponjevic.

    Show More