We were advised to use the "average person" rule... if an average person looking at a page can tell it's on a remote server, you're OK, but if you think about it, the average FBI agent looking at a page may not understand that images on that page come from one server and the HTML comes from another...and trying to explain that to a jury wouldn't be fun.
With regard to the definition of explicit, it does indeed change with 4472, but the new definition is almost certainly an impermissible restriction on speech, as it imposes qualifications (recordkeeping) on at least some expression (nudity) that is clearly not obscene. Of course, with the winners we currently have on the Supreme Court, who knows what will come down.
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