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I don't pretend to be a lawyer or an expert, but if you print out 28 CFR part 75, 18 USC 2257, 18 USC 2256, and the proposed changes and sit down at desk with a highlighting pen you have a good chance of getting a pretty good idea about what is already law, and the changes that will take effect 60 days after the final draft of the changes is published.
Here are a two points that seem important to me when I look at the regs:
This law already applies to any "visual depictions made after November 1, 1990 of actual sexually explicit conduct"
Mere nudity is exempt. The only content that is subject to 2257 is "''actual sexually explicit conduct'' (but not simulated conduct) as defined in subparagraphs (A) through (D) of paragraph (2) of section 2256:
(A) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;
(B) bestiality;
(C) masturbation;
(D) sadistic or masochistic abuse;
As has been mentioned before, the big changes are that adult webmasters will be considered to be "secondary producers", fewer forms of ID will be permited, and they have clarified where the notice regarding a custodian of records must be placed on websites.
I am not currently interested in acting as a custodian of records, so I'll stick to using only exempt content if the changes go through as-is.
It will be interesting to see how this all shakes out. Once the dust settles it will be easier to make plans going forward rather than dealing with all of this uncertainty.
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