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"One commenter commented that the exception under Sec.
75.1(c)(4)(iv-v) for Web hosting, electronic communication, and remote
computing services should be extended to 18 U.S.C. 2257(f)(4).
Providers of Web hosting, bulletin boards, or electronic mail services
could be found liable for not ascertaining that the appropriate label
was affixed to a depiction transferred by one of their users. The
Department declines to adopt this comment, which would require an
amendment to the statute and is beyond the authority of the Department
to change by regulation. Moreover, the Department notes that 18 U.S.C.
2257(f)(4) makes it a crime for a person ``knowingly to sell or
otherwise transfer'' any sexually explicit material that does not have
a statement affixed describing the location of the records. Thus,
knowledge on the part of the transferor is an element of the offense."
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