One commenter commented that the rule should define the term
transfer, as used in section 2257, in order to, e.g., specify whether
the statement is required if a husband mails to his wife a sexually
explicit videotape depicting the couple engaged in consensual sexual
activity. The Department declines to adopt this comment. The Department
believes that the definition of sell, distribute, redistribute, and re-
release in Sec. 75.1(d) subsumes the statute's use of the term
transfer, which is not used in the proposed or final rule in a way
requiring definition. In addition, the definition in Sec. 75.1(d)
makes clear that only commercial transfers are covered and the
hypothetical transfer that the commenter posits would by the plain
meaning of the rule never be covered.
One commenter commented that the requirement that the statement
appear on the home page of a Web site is vague because many web sites
operate with subdomains, making the actual homepage or principal URL
difficult to identify. The Department declines to adopt this comment.
Subdomains, as the name implies, are URLs that share the top-level
domain name's basic URL and have additional identifying address
information to provide additional content on a separate Web page. Each
subdomain thus has its own homepage
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and each homepage must feature the statement. For example, http://www.usdoj.gov
is the full domain name of the Web site of the Department
of Justice. http://www.usdoj.gov/criminal is the Web page of the
Criminal Division, which is hosted by the Department's Web site. Under
this rule, http://www.usdoj.gov would be required to have a statement and that statement would cover anything contained on http://www.usdoj.gov/criminal.
However, http://www.ojp.usdoj.gov is a
subdomain of the full domain http://www.usdoj.gov and would be required
to have its own statement on that page, which would then cover any
material on a Web page linked to it, such as http://www.ojp.usdoj.gov/ovc/
, the Web page of the Office for Victims of Crime.
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