WOODLAND HILLS, Calif. – Xbiz.com reports on Thursday night’s Free Speech Coalition meeting, noting that 75 members of the adult entertainment community attended the event. As would have been expected, the topic of the quarterly meeting was the new 2257 rules for adult content and product, https://www.adultfyi.com/read.aspx?ID=9705
According to the Xbiz report, Free speech attorneys railed against the DOJ’s new cruel and unusual punishment directives all of which would affect websites, producers, adult retailers, novelty makers and other adult web-based businesses such as mail order.
Speaking at the meeting were attorneys Jeffrey Douglas, Reed Lee of Chicago’s Obenberger & Associates; and Allan Gelbard. Comments expressed at the meeting were that the new rules, which go into effect June 23, are unclear and ambiguous at best and signal real problems for the industry. Not only that, but adult companies are now required to hold on to the records for seven years.
Douglas went on to say that the DOJ’s rationale behind the rules is that every picture or video taken is child porn. “Ultimately, we can’t live with this,” he said. “The 2257 new rules need to be destroyed.”
Among the new rules and regulations, live chat sites are now included where performers must fill out declarations with legal name birth date, aliases, ID type and serial number, all of which must be countersigned by adult webmasters. The new 2257 regs also stipulate that copies be kept of every performance that includes live streaming. Douglas said a test study was performed on streaming video for the seven-year requirement and that it would average 500 terabytes of information.
Labeling requirements for websites would also include separate custodian names, addresses and dates of productions and that the way the rules are now being written, every new date becomes the new date of record.
Under the new regulations, adult manufacturers would have to maintain copies of the recording, including the video, DVD, box and catalog and keep them in a 2257 file. Adult companies must also make the files available for inspection Monday through Saturday, 8 a.m. to 6 p.m., with indexing that allows searches by name of video or product and last legal name or aliases of performer. Secondary producers would also have to maintain copies of records as well.
Web-based or mail order companies dealing in adult product would have to include 2257 declarations, including legal company or sole proprietor names, as well as street address.
Packaging that depicts sexually explicit activity would also have to be labeled with legal name of person, custodian’s street address and date of production easily readable for the viewer.
On the bright side, attorneys were saying that there is a good chance that the new rules might not hold up in federal court and that the FSC would challenge the new 2257 rules in U.S. District Court in two regions, one on the West Coast and one on the East Coast.
Reed Lee later told XBiz that it would seek an temporary restraining order and a preliminary injunction against the rules before June 23.