WWW- Some gay male cruising Web sites received another temporary reprieve last week from enforcement of expanded federal regulations that seriously threatens the use of nude photos that are a staple of their popularity. Steven Alexander, M4msex.com Web site director, has said his site would not remove nude photos or require signed release forms from members posting them, although it is possible they might be prosecuted.

The U.S. Department of Justice agreed Aug. 31 to delay enforcement of the newly revised 18 U.S. Code 2257 until Oct. 1; the original delay was scheduled to expire Sept. 1.

The Free Speech Coalition, the trade organization for the adult entertainment industry, filed for a temporary restraining order June 24 in the U.S. District Court of Colorado. Attorneys from the FSC and the U.S. Department of Justice argued their cases before Judge Walker D. Miller on Aug. 2.

The deadline had been scheduled to expire Sept. 7. But because the Colorado court hearing was moved from Aug. 7-8 to Aug. 2, the 30-day reprieve following the court hearing was then changed to Sept. 1.

The original stipulation is now extended until and including Oct. 1 or until the U.S. District Court of Colorado rules on FSC’s motion for preliminary injunction, whichever occurs first, according to the FSC.

The Free Speech Coalition is suing U.S. Attorney General Alberto Gonzales to prevent the Department of Justice from enforcing new regulations to U.S.C. 2257, dubbed “2257,” which mandates producers verify the ages of models, actors and others appearing in sexually explicit content and keep thorough records on them, including address, photo identification and their legal names.

The Free Speech Coalition believes the new federal guidelines are unconstitutional, violate privacy laws and would place an undue burden on “secondary producers,” such as owners of gay personals Web sites with sexually explicit photos, including Gay.com, Bigmuscle.com, men4now.com and adam4adam.com.

“Our legal team is the best in the country and we have every expectation of a positive ruling by Judge Miller regarding the imminent motion,” FSC Executive Director Michelle L. Freridge said in a statement posted on the group’s Web site.

“But we all have to remember that we are just at the beginning of a complicated case that could continue on for another year, during which time we will need the ongoing support of our members and the industry as we build on the successes we have achieved thus far,” she added.

The government defines “sexually explicit conduct” as actual or simulated “sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; bestiality; masturbation; sadistic or masochistic abuse; or lascivious exhibition of the genitals or pubic area of any person.”

In a brief filed Aug. 1, Assistant U.S. Attorney Kurt Bohn argued that the newly revised law must be enforced due to the widespread proliferation of child pornography on the Internet and that the new provisions do not violate the right to privacy.

In reaction to the new 2257 regulations that may be enforced in the future, BigMuscleBears.com and BigMuscle.com, Web sites for gay men, recently asked members not to post images depicting sexual fluids or any kind of anal penetration on the sites due to the revisions in the federal regulations. Nudity was still allowed, according to the statement posted on the sites, but members were advised to post only solo images as part of a self-policing effort.

Adam4adam.com includes a “2257” link allowing members to report what they believe may be a violation of the federal regulations.

Nudity itself is not considered sexually explicit, but posting shots of masturbation could be deemed criminal activity, Tom Hymes, spokesperson for FSC, has said.

For instance, a man posting a picture on a Web site fondling himself might have to prove to site owners that he is 18 or older, and documentation must be on file with the Web site that includes government-issued identification cards, Social Security number, name and address, he said.

In June, Gay.com, a member of the Free Speech Coalition, temporarily removed nude photos but re-posted them when the agreement was reached to delay enforcement.

Steven Alexander, Web site director for gay male site m4m-usa.com – also known as m4m4sex.com – issued a statement to its members in June regarding the new regulations. The Web site said it would not remove any photos despite facing possible federal prosecution.

“Sometimes things are just plain wrong and someone has to stand up and say no. This is too broad and restrictive of our rights and it’s overkill regarding protecting minors,” Alexander said in the statement.