Originally Posted by Joe Obenberger

The amendments that deal with "lascivious exhibitions of genitals or the pubic area" have a compliance date 90 days after publication.

The amendments themselves become effective 30 days after publication, which is expected tomorrow.

One of the responding posters asked about a case in the 9th Circuit. I think the poster meant to refer to the 6th Circuit [Cincinnati] decision in the Connections case, involving a swinger publication. The three-judge panel determined that Section 2257 and its regulations were unconstitutional because the regulatory scheme reached private husband-wife tapes and other kinds of noncommercial visual depictions; They felt this impermissably invaded a right to privacy. The government applied to all of the judges for en banc rehearing of the case and the court granted the motion. That effectively vacated the decision of the three-judge panel, and the case is now before all of the judges of the circuit. The official comments of the DOJ in the new regulations make it clear that 2257 will only apply to images in commerce or trade and that they don't reach private tapings for use in the home. The regulations are complex and I have not finished my own analysis of them, but there is a good chance that these regulations will moot the points upon which the plaintiffs prevailed in the Connections case.

I expect to have a good summary up on xxxlaw.com tomorrow with at least the beginning of an analysis. As I've done with all of the changes over the years, I'll prepare a table comparing and contrasting the old and the new, but that will take some time. My apologies for not answering all of the posts, but I'm really trying to get into this document, more than 160 pages with extensive official comments - many of which clarify DOJ's position on a myriad of issues that have been less than clear over the years.


JD