AdultBizLaw.com - Fattorosi & Chisvin
18 USC 2257
18 U.S.C. 2257 is a section of the Child Protection and Obscenity Enforcement Act of 1988 that was enacted by the federal government. The rules setting forth definitions and logistics for enforcement of this statute are promulgated under 28 C.F.R. 75.1-75.6.Under this statute, producers of adult sexually explicit material are required to obtain proof of age of every person depicted in said sexually explicit adult content, and must maintain records for inspection by officers of the federal government.
This statute affects not only primary producers of adult content, but also "secondary producers" who publish, reprint, or reissue that material, including on websites. Addtionally, the record-keeping requirements of this act have been attached to the Adam Walsh Child Protection and Safety Act of 2006, which increases penalties for child kidnapping, trafficking and prostitution, in addition to establishing a national convicted sex offender registry.
On October 23, 2007, the Sixth Circuit Court of Appeals found the record keeping requirements of this section to be facially invalid, and, thus, an uncostitutional burden on free speech and the First Amendment.
While many believe that the government's enforcement of 18 USC 2257 is dwindling, we still recommend that every primary producer as well as secondary producer comply with the federal law.
Notable Case Law, Articles and Statutes on 18 USC 2257
Connection Distributing Co. v. Keisler
Recent 6th Circuit decision that invalidated 18 USC 2257 in whole in the states of Kentucky, Tennessee, Ohio and Michigan ONLY. Currently on appeal at the request of the DOJ for a full hearing by the Judges of the 6th Circuit Court of Appeals. Final decision pending.
Free Speech Coalition v. Gonazales 483 F. Supp. 2d 1069 (2007)
This is the recent challenge to 18 USC 2257 funded by the industry through the FSC. This is ongoing litigation and has yet to be finally adjudicated.
The actual statute requiring record keeping of all performers and those that assist with the production of adult content.
Adam Walsh Child Protection and Safety Act of 2006
Recent law passed by Congress that fundamentally changed numerous provisions of 18 USC 2257. The Adam Walsh Act and 18 USC 2257 must be read together in order to fully understand what is necessary to be in compliance.
28 C.F.R. 75.1
The definitions section that gives meaning to the terms found in 18 USC 2257. Must be read in conjunction with 18 USC 2257, Adam Walsh Act and 28 CFR 75.2
28 C.F.R. 75.2
Practical description that tells content producers how to comply with the letter of the law of 18 USC 2257. This is the nuts and bolts of how to comply.
18 USC 2257 Compliance Software from YTracker.com
YTracker is a 2257 desktop database solution design for small to medium size webmasters and record keepers. It is designed and programmed by webmasters for use in our own internal database needs so we understand the plight of the small to medium size webmaster concerning record keeping. In general, good record keeping is a wise practice for serious business-minded webmasters, regardless of 2257 requirements.
The demos below are version 1.5.8b demos of YTracker. The demo is limited to storing 5 model records, but you can save, delete and add as much as you want up to 5. The PRINT functionality has also been disabled in the demos.
DEMO is limited to 5 records - 4 records are included in the database already but can be altered or deleted. If you have any trouble downloading the demo let us know: Send us an email
 | YTracker DEMO version 1.5.8b for Win98SE, ME, XP Home and Pro |
 | YTracker DEMO version 1.5.8b for MacOSX Panther, Tiger |