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

    New Federal Report Slams Debanking but Ignores Adult Industry

    The Office of the Comptroller of the Currency (OCC) on Wednesday released a report on debanking activities at nine large national banks, but omitted any mention of the adult industry, despite previously identifying it as a sector facing banking discrimination.

    Ravyn Alexa Makes Her Reality Kings Debut

    Ravyn Alexa has made her debut for Reality Kings alongside Lucas Frost in the studio's latest release, titled "Inked and Oiled."

    Yhivi Stars in Latest From Kink.com

    Yhivi stars with director John Paul "The Pope" in the latest release from Kink.com, titled "Bound and Squirting."

    TTS Expands Testing Coverage to 300 New Labs

    Talent Testing Service (TTS) has expanded its coverage to 300 ARCPoint and Any Lab Test Now locations across the U.S.

    EU Court Rejects Stripchat Challenge of Past VLOP Designation

    The EU’s General Court on Wednesday ruled against Stripchat in a lawsuit seeking to annul a 2023 European Commission decision designating the site as a “very large online platform” (VLOP) under the Digital Services Act (DSA).

    Penny Barber Leads Latest From MYLF

    Penny Barber stars with newcomer Vince Vicious in the latest release from MYLF.

    Emma Rose, Kasey Kei Star in Latest From Transfixed

    Multi-XMAs winner Emma Rose and Kasey Kei star with Ameena Green in the latest release from Transfixed, titled "A Nuru Solution."

    Aylo Case Against Utah VPN Rule on Hold Pending Legislative Changes

    A federal court has paused Aylo’s suit over a Utah law making adult websites liable if minors bypass age verification by circumventing geolocation efforts, until the state legislature can meets to potentially amend the statute.

    Dorcel Drops Franck Vicomte's 'Our First Orgy'

    Dorcel has released director Franck Vicomte's latest feature, "Our First Orgy."

    Khloe Kapri Headlines 'After Hours' From Sweet Sinner

    Khloe Kapri toplines "After Hours," the latest release from Mile High Media studio imprint Sweet Sinner.

    Show More