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I don't think we'll know the answers to questions like that until they start prosecuting people. Whenever there's any wiggle room, the government interprets things to suit their purpose at the time. They can also change the meaning of the term "explicit" later to better target a webmaster they want. It's probably safest to just document everything. If you interpret things differently than the people who want to shut you down, all the images you DID document don't do you any good at all.
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