WASHINGTON, DC – Last Friday, Senator Orrin Hatch (R-UT) introduced legislation designed to “strengthen” 2257 record-keeping requirements. The actual language of Hatch’s bill has not been made publicly available yet, but a press release on Hatch’s website provides some detail concerning the proposed modifications.According to Hatch’s press release, his bill “strengthens the legislation in four ways”:

1) “Defines actual sexually explicit material consistently with corresponding sections in the United States Code. The current law incorporates only four of the five definitions outlined in other sections.”

2) “Applies the same record-keeping requirements to those who produce depictions of simulated conduct. Current law applies only to those who produce depictions of actual conduct.”

3) “Explicitly states that refusal to permit inspection of age-related records is a crime. Current law only requires maintaining the records, but it provides no penalty for refusing to disclose them.”

4) “Provides a meaningful and targeted definition for what it means to produce sexually explicit material. The definition includes activities such as filming or photographing someone, duplicating or reissuing images for commercial distribution, and managing the sexually explicit content of a computer site. It specifically exempts those not involved in hiring, managing, or arranging the performers’ participation, along with those involved in web-hosting services when the provider does not manage sexually explicit content.”

Of particular concern, not just to the adult industry, but mainstream Hollywood as well, is the second item, which would impose the same record keeping requirements that currently burden producers of actual sexually explicit content upon creators of simulated sexual content.

It remains to be seen what specific changes Hatch has proposed for the language of the law, but on the face of it, Hatch’s bill sounds like it may be similar to the changes sought by Representative Mike Pence (Republican, IN) in September of this year. Pence’s bill (H.R. 3726) sought to strike the word “actual” in numerous key places, thereby removing the distinction between actual and simulated sexually explicit content.

“If we are serious in protecting children from being exploited by child pornographers, we need a workable, practical law that’s enforceable,” Hatch said. “This is a straight-forward, common-sense bill that will strengthen this important tool for protecting children.”