Is FSC Win Hurt by Hatch?

WASHINGTON — Despite winning a preliminary injunction in their bid to halt enforcement of several amended rules relative to U.S.C. 18 § 2257, moves earlier this month by Sen. Orrin G. Hatch, R-Utah, may take some of the luster off of the FSC’s victory.

In fact, some legal pundits think the victory itself will be short-lived.

On Dec. 16, Hatch introduced S. 2140, a bill that he said would strengthen enforcement tools regulating online adult content on the Internet.

Among the new requirements sought by S. 2140, Hatch is looking to apply the same record-keeping requirements to those who produce depictions of simulated conduct, instead of just depictions of actual conduct as 2257 currently demands.

“I think [this bill] contains a big mistake in targeting simulated sexual activity,” attorney Joe Obenberger told XBiz. “Presently the only thing defined in 2257 is actual depicted content.”

Despite “the mistake,” however, Obenberger doesn’t see the bill as anymore than “window dressing.”

“I think Hatch has been misled,” Obenberger said. “He is insulated by so many layers of insulation that he might as well be at the North Pole. I think he thinks he is doing something positive and he’s not. This bill is just window dressing. It doesn’t really change anything.”

The bigger issue at hand, Obenberger said, is still the issue of secondary producer requirements laid out by 2257, which he said could be hard to beat, especially within the current administration.

One of the arguments laid out by FSC against this requirement has been based on privacy, which Obenberger doesn’t think will come out victorious in the end.

“I wish it were contrary, but the issue is: How much privacy does someone surrender when there are already laws on the books requiring that these records be stored and passed along to secondary producers?” Obenberger said. “I think the argument is that once they waive their right to privacy about what they sound and look like while engaged in sexual activity, then by operation of law they also are surrendering their privacy as to their identify for the transaction involving the sale of the images.”

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Penny Barber: The Fit Mommy Domme Reveals Her Auteur Side

When Penny Barber took home the 2025 XMAs trophy for MILF Performer of the Year, she was 39 — but she’d already been telling people she was a MILF for almost 20 years.

Summer Starz Makes Her WIFEY Debut

Creator Summer Starz has made her debut for Vixen Media Group (VMG) studio imprint WIFEY alongside her husband Dean Darkhole and Sheem.

Jewelz Blu Stars in Latest From Ricky's Room

Jewelz Blu stars with Mazee the Goat and site honcho Ricky Johnson in the latest release from Ricky’s Room, titled “Two Inside Of Jewelz Blu.”

Adult Time Releases New Installment of 'MILF Overload'

Adult Time has released the latest installment of director Jim Powers' series "MILF Overload."

Choice Talent Management Launches Fan Platform 'ChoiceFilmz'

Choice Talent Management CEO Chris Crisco has launched a new fan platform called ChoiceFilmz.

Dredd to Launch Official Site

Dredd has announced his new website OfficialDreddXXX.com, launching April 20.

River Lynn Toplines Pat Myne's 'Phat Ass for Days'

River Lynn headlines director Pat Myne's latest release, "Phat Ass for Days," from Evil Angel.

Kitana Lure, Angelika Grays Star in Latest From MixedX

Kitana Lure and Angelika Grays star in the latest release from MixedX, titled “The Power of Lust.”

Jessie Rogers Fronts Latest From Blacked

Jessie Rogers has made her debut for Vixen Media Group (VMG) studio imprint Blacked, alongside Damion Dayski.

Penny Barber Makes Her Slayed Debut

Reigning XMAs MILF Performer of the Year Penny Barber has made her debut for Vixen Media Group studio imprint Slayed, alongside Phoenix Marie.

Show More