Justice Department Releases 2257 FAQs

WASHINGTON – The U.S. Department of Justice (DOJ) and its Obscenity Prosecution Taskforce has posted a list of frequently asked questions and answers, pertaining to the final revisions for 18 U.S.C. § 2257 regulations, which were issued in December.

The DOJ’s 2257 FAQs were posted last Thursday. To view, follow this link: http://www.usdoj.gov/criminal/optf/links/2257-compliance-guide.html

18 U.S.C. § 2257 regulations govern “name- and age-verification, recordkeeping and labeling requirements on producers of visual depictions of actual human beings engaged in actual sexually explicit conduct.”

The DOJ’s FAQs attempt to describe definitions of terms, including “lascivious exhibition of the genitals or pubic area” and “simulated sexually explicit conduct.” There also are explanations of third party record-keeping requirements, Webpage labeling, dating of content, and several other key points from the revised regulations.

“This is a useful tool for people who have questions about some of the basic operations. It also is valuable as it binds the government to specific positions,” Free Speech Coalition Board Chair and attorney Jeffrey Douglas said. “As always, if you are unsure about or have questions regarding 2257 compliance, make sure to contact an attorney familiar with 18 U.S.C. § 2257.”

The Free Speech Coalition (FSC) has recently retained a legal team to present a challenge to the revised 2257 regulations. In ongoing litigation against the DOJ and 2257, FSC has asserted that the regulations are burdensome for producers of sexually explicit content, as well as a violation of content producers First Amendment rights.

“FSC will continue to fight for adult entertainment producers, both primary and secondary, as we move forward in our suit against the federal government,” FSC Executive Director Diane Duke said.  “In the meantime we will do all we can to make sure that our members and the industry have the most up-to-date- information so that they can do their best to comply with this onerous law.”

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The Free Speech Coalition is the national trade organization to the adult entertainment industry.  Its mission is to lead, protect and support the growth and well-being of the adult entertainment community.