2257 record keeping requirements were those pesky laws ushered in under the Ashcroft DOJ that make it very difficult for pornographers to conduct their business. They make it extra difficult for amateurs to conduct business online safely. Basically, a producer or displayer of adult content has to maintain records that the models shown are over the age of 18 at the time the likeness was taken. They also have to maintain those records at an office and make that address available on their websites. See how this can be a problem (both in regards to feasibility and safety) for small-time content producers?

Well, good news came today as the 6th circuit court has ruled that 2257 record keeping requirements are unconstitutional under the 1st amendment. I did not read the entire decision but from my cursory reading it appears that the 2257 statute is over-broad and in some ways constitutes prior restraint. The plaintiffs in the case are individuals that wanted to publish their photographs in a swingers lifestyle magazine but the magazine was required to collect 2257 records from them. The plaintiffs were unwilling to compromise their anonymity in that way and therefore could not publish the photographs. Their free speech was constrained by the overbroad government record-keeping requirements.

The 2257 laws are part of child protection laws aimed at preventing the spread of child pornography but the court believes that regulating the speech of adults that are working with adult models is an unfair approach to solving this problem and impinges on the first amendment rights of the producers. In short, the overbreadth of the statute constitutes a chilling effect on speech and must be rejected.

As for me, I’ll be waiting to see the other circuit courts topple the law and the amendments to be trotted out. It might not be long before you start seeing more naked pictures of yours truly!

An article on the ruling from Xbiz with reactions from professionals in the adult industry.