I don't think this is unprecedented: the USG's reasoning (appears) to be that all actions here were ultimately the product of human behavior.
Put another way: it's still a crime to kick puppies, even if you only indirectly kick puppies through your newly-invented fully-automatic Puppy Kicker 3000.
Edit: to refine the analogy: it doesn't stop being a Puppy Kicker 3000 just because you add a screening phase that eliminates puppies designated by the American Kennel Club.
Put another way: it's still a crime to kick puppies, even if you only indirectly kick puppies through your newly-invented fully-automatic Puppy Kicker 3000.
Edit: to refine the analogy: it doesn't stop being a Puppy Kicker 3000 just because you add a screening phase that eliminates puppies designated by the American Kennel Club.