Addressing fellow members of the Free Speech Coalition, attorney Jeffrey Douglas said the FBI won't show up anytime soon to inspect the records of adult producers under the revised 2257 regulations.

Douglas' remarks followed in the wake of events which have left the latest changes to 2257 in limbo, leading to questions about the future of the record-keeping laws under President Obama.

The final revisions to 18 U.S.C. §2257 officially took effect Jan. 20, the same day Obama was sworn into office.

Obama's Chief of Staff Rahm Emanuel announced on the same day that all regulatory changes not yet in effect from the final days of the Bush regime would be suspended, pending review by the new administration.

After inspecting more than two dozen adult companies in an 18-month period, the Justice Department has yet to bring a single 2257-based criminal case against a mainstream"adult producer.

And the question remains: Will President Obama's administration continue to pursue an even more overcomplicated version of this law?

The United States Court of Appeals for the Sixth Circuit has upheld the 2257 federal record-keeping law in the long-contested Connections case.

Writing for the majority, Circuit Judge Sutton addressed what he sees as the critical question in this issue: Under what circumstances is it appropriate to invalidate a law in all of its applications when its invalidity can be shown [or assumed] in just some of its applications?

Sutton went on to discuss the hypothetical middle-aged couple shooting their own erotica — a practice used as an example of the burdensome requirements of the statute. Over twenty years and numerous administrations, the statute has never been enforced in this setting, and the attorney general has publicly taken the position that he will not enforce the statute in this setting, Sutton wrote.

Opposing the ruling was Circuit Judge Helene N. White, who in writing a dissenting opinion stated her belief that under intermediate scrutiny the identification/record-keeping requirements of 2257 impose an unconstitutional burden on plaintiffs' First Amendment rights.

As for the future of the statute it really comes down to whether or not the U.S. Supreme Court will take the case, attorney Larry Walters told XBIZ: But that is much less likely to happen since the circuit court upheld the law, rather than overturned it.

The upholding of 2257 presents a possible immediate threat to the industry as well:

Webmasters [and others] should be much more concerned about possible inspections and prosecutions, Walters said: Now that the law has been upheld, 2257 inspections could resume at any time.

The US Justice Department and its Obscenity Prosecution Task Force has posted a list of frequently asked questions and answers pertaining to the most recent revisions for 18 U.S.C. § 2257 regulations, which were issued in December.

The 18 U.S.C. § 2257 regulations govern name- and age-verification, record-keeping and labeling requirements on producers of visual depictions of actual human beings engaged in actual sexually explicit conduct.

The Justice Department’s FAQs attempt to define terms including lascivious exhibition of the genitals or pubic area and simulated sexually explicit conduct. The FAQs also include information about which parts of a performer's ID can be redacted, whether records can be kept electronically and the appropriate dating of content.

Adult industry trade group the Free Speech Coalition has announced plans to challenge the revised 2257 regulations. In ongoing litigation against the Justice Department and the 2257 regulations, FSC has asserted that the regulations are burdensome for producers of sexually explicit content and a violation of content producers' First Amendment rights.