2257 Updates
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December 2007

2257 Regulations Putting Squeeze On Adult Industry- XBiz.com

October 2007

FBI Provides More 2257 Inspection Information

July 2007

2257 Proposal Attempting To Shut Down Adult Industry Article From XBiz.com

2257 Ruling
Announcement From The Free Speech Coalition- 12-28-05

RULING IN FSC 2257 CHALLENGE DENVER, CO -- United States District Court Judge Walker D. Miller has granted a preliminary injunction against enforcement of certain key provisions of U.S.C. 18 §2257 as regards FSC members. The ruling is currently being assessed by the FSC legal team and an analysis of the ruling will be made available as soon as possible on the FSC website. Initial readings of the ruling are heartening, especially for FSC members who fall in the category of so-called “secondary producers.” Until there are further legal proceedings, such as a trial or appeal process, or until there are further orders by Judge Miller, the government may not enforce §2257 against FSC members whose “activities do not involve the hiring, contracting for, managing, or otherwise arranging for the participation of the depicted performer”; in other words, those who are not the primary producers of sexual materials. This is in line with the 1998 10th Circuit Sundance v. Reno decision which many secondary producers, such as webmasters, have relied on -- and properly so, according to Judge Miller -- in deciding that secondary producers did not fall under §2257 record-keeping requirements.

In addition to the injunction against government prosecutions of secondary producers, FSC scored a crucial victory in convincing Judge Miller of the substantial likelihood that requiring producers to maintain URL’s for websites that are outside their control will be found to be overly burdensome. FSC attorneys also convinced Judge Miller of the substantial likelihood that the mind-boggling government insistence that chat rooms should have to store huge video recordings of chat room activities will be found overly burdensome. As a result, under this injunction, for now, the government may not enforce §2257 against members of FSC with regards to websites they do not control, or against FSC members as regards keeping video records in the operation of Internet chat rooms. Please note that the foregoing injunctions cite specific clauses of the revised §2257 and will need careful analysis by FSC attorneys to clarify the exact nature and full implications of the ruling.

FSC plans just such a timely clarification at the membership meeting in Las Vegas on Thursday, January 5, 2006, in Room 403 of the Sands Expo, Las Vegas, Nevada, adjacent to the Venetian Hotel and Casino. By then, FSC attorneys will have had time to analyze the ruling and will be in attendance to answer questions.

2257 Agreement Postponed Again
Announcement From The Free Speech Coalition- 12-2-05

DENVER, CO -- The stipulated agreement between the parties for a temporary restraining order in Free Speech Coalition et al v. Alberto Gonzales has been extended for a month. The extension will terminate December 30, or whenever U.S. District Court Judge Walker D. Miller rules on plaintiffs’ motion for preliminary injunction. Under the agreement, the Justice Department is restrained from inspecting or enforcing U.S.C. 18 § 2257 against plaintiffs in the case, which includes all members of the Free Speech Coalition as of June 23, 2005.

2257 Agreement Postponed Another Month
Announcement From The Free Speech Coalition- 11-4-05

The stipulated agreement between the parties for a temporary restraining order (TRO) in Free Speech Coalition et al v. Alberto Gonzales has been extended for another month. The extension is now scheduled to terminate November 30, 2005, or whenever the court rules on plaintiffs’ motion for preliminary injunction. Under the agreement, the Justice Department is restrained from inspecting or enforcing U.S.C. 18 § 2257 against plaintiffs in the case, which includes all members of the Free Speech Coalition as of June 23, 2005. It remains the expectation of the FSC attorneys that a decision will come soon from U.S. District Court Judge Walker D. Miller on the plaintiff’s motion for a preliminary injunction. “We understand that the adult entertainment community is as eager as we are to have a ruling on our motion for a preliminary injunction,” said FSC Executive Director Michelle L. Freridge, “but sometimes the wheels of justice revolve very slowly, and we simply must be patient. But make no mistake, we are as confident as ever that our arguments challenging these abusive regulations will win out at the end of the day. We appreciate your patience, and look forward to ultimate victory in this significant battle to protect your free speech rights.”

FSC 2257 Update: Adult Sites Under Attack

In Dever, Colorado, the parties in FSC’s challenge of the 2257 federal record-keeping law (Free Speech Coalition et al v. Alberto Gonzales) have agreed to an extension of the original stipulation under which the government agreed to a temporary restraining order against enforcement of the law for FSC’s members. The original stipulation, which had been scheduled to expire September 1, will now be extended for an additional month, until October 1, 2005, or until U.S. District Court Judge Walker D. Miller rules on FSC’s motion for a preliminary injunction. The terms are the same as in the original stipulation. The DOJ will not conduct any inspections or pursue any claims under 2257 with regard to the plaintiffs and FSC members who had joined by June 25, 2005, but reserves the right to inspect and prosecute anyone who is not a plaintiff or FSC member. “Our legal team is the best in the country,” said FSC Executive Director Michelle L. Freridge, “and we have every expectation of a positive ruling by Judge Miller regarding the imminent motion. But we all have to remember that we are just at the beginning of a complicated case that could continue on for another year, during which time we will need the ongoing support of our members and the industry as we build on the successes we have achieved thus far.”

From an FSC press release, 8/31/05
FreeSpeechCoalition.com