Uncle Bush is trying to do a number on the Adult Entertainment Industry, and that number is 2257. Section 18 USC 2257 has been on the books for over a decade, and its intent is to protect under age 18 minors from performing in adult materials. In a nutshell it requires US producers to acquire and maintain copies of proof of age for each performer. The law also instructs the US Attorney General to establish regulations for monitoring and enforcing the law.

The law is poorly written and arguably unconstitutional, as it presumes guilt before being proven innocent. The regulations, originally written before the Internet immerged have already been successfully attacked in federal court for blatant abuse on the part of the Attorney General. About a year ago Congress chastised the US Attorney General for not enforcing the law. The General explained that the regulations did not encompass the newly emerged Internet and he would first have to update them before any enforcement could take place. In May of 2005 the Bush appointed General authorized a new set of regulations.

These new regulations include sweeping changes that have a devastating impact on the adult industry. I’ll spare you the details and just say it basically makes it impossible for most producers and distributors to comply. Worse, it is retroactive, so everything they have or have not done based on the previous regulations could now make them a felon.

Over night hundreds, maybe thousands, of Adult Internet sites shut down and went out of business. Others rushed to make changes in hopes they could try and comply.
The Free Speech Coalition (FSC), along with the top First Amendment atternies in the country, launched a massive defense effort. Phase one was to get an injunction against the Department of Justice (DOJ), preventing them from taking any action under the new regulations. While the judge has not yet ruled on the request, the DOJ has agreed to hold off until he does. The FSC is optimistic the Judge will rule in their favor.
If the judge grants the injunction, a hearing will be scheduled to hear arguments. This process could take a year or more. If he does not grant an injunction, the hearing will still take place. However, the DOJ will be free to prosecute adult sites during the litigation process. If this happens, you can expect to see a lot more adult sites shut down.
I’ll keep you posted as things develop.