Justice Dept. Releases Proposed Changes to 2257A Regs

CANOGA PARK, Calif. - The U.S. Department of Justice today issued proposed regulations for Section 2257A, an addition to the 2257 federal record-keeping law which applies to those who produce images of simulated sexual activity.

The proposed regulations appear at pages 32262 through 32273 of volume 73 of the Federal Register and on the Free Speech Coalition's website. The public comment period for these proposed regulations will end on August 5, 2008.

Section 2257A was enacted by Congress and signed into law by President Bush in July 2006 as part of the Adam Walsh Act. The proposed record-keeping requirements provoked a strong reaction from Hollywood studios concerned that the regulations could affect mainstream movies depicting sexual conduct.

"First examination reveals no real surprises in the proposed regulations, although there are some unusual aspects to the procedure used," said attorney Reed Lee of the Free Speech Coalition. "In the coming weeks, FSC will study the situation carefully. As we did last summer, we will keep our membership informed and encourage our members to participate in the comment process as necessary."

FSC intends to file comments on 2257A, and will advise members on ways to file additional comments. The Justice Department has not yet responded to last summer's round of comments on proposed changes to Section 2257.

Meanwhile, FSC stands ready to continue with litigation challenging Section 2257. FSC had hoped that new administrative regulations might help to narrow the litigation, but it does not appear that any new final regulations will be seen until the fall at the earliest.