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Dead Constitution
See other Dead Constitution Articles

Title: Congress Wants To Monitor All E-Mails, IMs, Etc.
Source: Crooks & Liars
URL Source: http://crooksandliars.com/
Published: Feb 12, 2007
Author: Crooks & Liars
Post Date: 2007-02-12 21:11:31 by Zipporah
Keywords: None
Views: 386
Comments: 33

The Agonist:

A bill introduced last week by Representative Lamar Smith (R-TX) is beginning to raise eyebrows.

[It] would require ISPs to record all users' surfing activity, IM conversations and email traffic indefinitely.

The bill, dubbed the Safety Act by sponsor Lamar Smith, a republican congressman from Texas, would impose fines and a prison term of one year on ISPs which failed to keep full records. (emphasis mine)

This is a terrifying development and it must be stopped before it gains any significant momentum. Background, Action items and contact information below the fold.

Under the guise of reducing child pornography, the SAFETY (Stopping Adults Facilitating the Exploitation of Today's Youth Act) Act is currently the gravest threat to digital privacy rights on the Internet. Given the increasing tendency of people, especially young people, to use the Internet as a primary means of communications, this measure would effect nearly all Americans in ways we are only beginning to understand. Also, given the fact that the Act requires all Internet Service Providers to record the web surfing activity of all Internet users, this amounts to the warrantless wiretapping of the entire Internet.

Does this worry you? Good. It should. If this continues, it is an OUTRAGEOUS violation of our privacy and civil liberties. Read the full article and start contacting people immediately. Contact list at the bottom of the article.


Poster Comment:

Ruh roh :P

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#1. To: Zipporah (#0)

The bill is HR 837, and Smith has 7 co-sponsorers. They leave it to the A/G and some feeb agency to make up the regs on what records must be kept in case a court so orders their release--presumably they will have to be posted in the Federal Register. I didn't come across anything any more dastardly than they have already done, though I didn't read it word by word by word.

I daresay businesses keep their friggin records for 7 years anyways due to the rest of the feeble laws! I still all my tax records from my ranching days! Sheet--one never knows when the arses will want to know something from 20 years ago!

I opted NOT to print out the us code and then take each of the individual lines of bullshit in this bull and attempt to see how it boogers up what is already there.

-------------------------------------------------------------------------------- Internet Stopping Adults Facilitating the Exploitation of Today's Youth Act (SAFETY) of 2007 (Introduced in House)

HR 837 IH

110th CONGRESS

1st Session

H. R. 837 To amend title 18, United States Code, to protect youth from exploitation by adults using the Internet, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

February 6, 2007 Mr. SMITH of Texas (for himself, Mr. FORBES, Mr. GALLEGLY, Mr. CHABOT, Mr. FEENEY, Mr. FRANKS of Arizona, and Mr. PENCE) introduced the following bill; which was referred to the Committee on the Judiciary

--------------------------------------------------------------------------------

A BILL To amend title 18, United States Code, to protect youth from exploitation by adults using the Internet, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Internet Stopping Adults Facilitating the Exploitation of Today's Youth Act (SAFETY) of 2007'.

SEC. 2. FINANCIAL FACILITATION OF ACCESS TO CHILD PORNOGRAPHY.

(a) Offense- Chapter 95 of title 18, United States Code, is amended by adding at the end the following:

`Sec. 1960A. Financial facilitation of access to child pornography

`Whoever knowingly conducts, or attempts or conspires to conduct, a financial transaction (as defined in section 1956(c)) in or affecting interstate or foreign commerce, knowing that such transaction will facilitate access to, or the possession of, child pornography (as defined in section 2256) shall be fined under this title or imprisoned not more than 20 years, or both.'.

(b) Clerical Amendment- The table of sections at the beginning of chapter 95 of title 18, United States Code, is amended by adding at the end the following new item:

`1960A. Financial facilitation of access to child pornography.'.

SEC. 3. INTERNET FACILITATION OF CHILD PORNOGRAPHY AND EXPLOITATION OF CHILDREN.

(a) Offense- Chapter 95 of title 18, United States Code, is amended by adding at the end the following:

`Sec. 1960B. Internet facilitation of child pornography and exploitation of children

`(a) Offense- Whoever, being an Internet content hosting provider or email service provider, knowingly engages in any conduct the provider knows or has reason to believe facilitates access to, or the possession of, child pornography (as defined in section 2256) shall be fined under this title or imprisoned not more than 10 years, or both.

`(b) Definitions- As used in this section--

`(1) the term `Internet content hosting provider' means a service that--

`(A) stores, through electromagnetic or other means, electronic data, including the content of web pages, electronic mail, documents, images, audio and video files, online discussion boards, and weblogs; and

`(B) makes such data available via the Internet

`(2) the term `email service provider' means a person that--

`(A) provides a service, using the Internet, for the transmission, receipt, storage, and retrieval, by registered users, of electronic mail messages; and

`(B) receives the content of, and recipient list for, electronic mail messages that it transmits, receives, or stores for the person or entity procuring such services.'.

(b) Clerical Amendment- The table of sections at the beginning of chapter 95 of title 18, United States Code, is amended by adding at the end the following new item:

`1960B. Internet facilitation of child pornography and exploitation of children'.

SEC. 4. CHILD PORNOGRAPHY REPORTING.

(a) Child Pornography Reporting- Section 227(b)(4) of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13032(b)(4)) is amended to read as follows:

`(4) FAILURE TO REPORT-

`(A) KNOWING FAILURE- A provider of electronic communication services or remote computing services described in paragraph (1) who knowingly fails to make a report under that paragraph shall be fined--

`(i) in the case of an initial failure to make a report, not more than $150,000; and

`(ii) in the case of any second or subsequent failure to make a report, not more than $300,000.

`(B) NEGLIGENT FAILURE- A provider of electronic communication services or remote computing services described in paragraph (1) who negligently fails to make a report under that paragraph shall be subject to a civil penalty of--

`(i) in the case of an initial failure to make a report, not more than $50,000; and

`(ii) in the case of any second or subsequent failure to make a report, not more than $100,000.

`(C) AUTHORITY- For the purposes of this paragraph, the Federal Communications Commission--

`(i) may levy civil penalties under subparagraph (B); and

`(ii) shall promulgate regulations, in consultation with the Attorney General, to--

`(I) effectuate the purposes of subparagraph (B); and

`(II) provide for appropriate administrative review of any civil penalties levied under that subparagraph.'.

SEC. 5. MONEY LAUNDERING PREDICATE.

Section 1956(c)(7)(D) of title 18, United States Code, is amended--

(1) by inserting `1466A (relating to obscene visual representation of the abuse of children),' before `section 1708';

(2) `1960A (relating to financial facilitation of access to child pornography), 1960B (relating to Internet facilitation of child pornography and exploitation of children),' before `section 2113'; and

(3) by inserting `2252A (relating to child pornography), 2260A (relating to increased penalties for registered sex offenders),' before `section 2280'.

SEC. 6. RECORD RETENTION REQUIREMENTS FOR INTERNET SERVICE PROVIDERS.

(a) Regulations- Not later than 90 days after the date of the enactment of this section, the Attorney General shall issue regulations governing the retention of records by Internet Service Providers. Such regulations shall, at a minimum, require retention of records, such as the name and address of the subscriber or registered user to whom an Internet Protocol address, user identification or telephone number was assigned, in order to permit compliance with court orders that may require production of such information.

(b) Failure To Comply- Whoever knowingly fails to retain any record required under this section shall be fined under title 18, United States Code, and imprisoned for not more than one year, or both.

SEC. 7. INCREASED PENALTIES FOR SEXUAL EXPLOITATION OF CHILDREN.

Section 2251(e) of title 18, United States Code, is amended--

(1) by striking `15 years nor more than 30 years' and inserting `20 years or for life'; and

(2) by striking `not less than 25 years nor more than 50 years,' and all that follows through `not less than 35 years nor more than life.' and inserting `life.'.

SEC. 8. INCREASED PENALTIES FOR ACTIVITIES RELATING TO MATERIAL INVOLVING THE SEXUAL EXPLOITATION OF CHILDREN.

Section 2252(b) of title 18, United States Code, is amended--

(1) in paragraph (1)--

(A) by striking `5 years and not more than 20 years' and inserting `15 years or for life'; and

(B) by striking `not less than 15 years nor more than 40 years.' and inserting `life.'; and

(2) in paragraph (2)--

(A) by striking `or imprisoned not more than 10 years, or both' and inserting `and imprisoned for not less than 3 years nor more than 20 years'; and

(B) by striking `10 years nor more than 20 years.' and inserting `20 years or for life.'.

SEC. 9. INCREASED PENALTIES FOR ACTIVITIES RELATING TO MATERIAL CONSTITUTING OR CONTAINING CHILD PORNOGRAPHY.

Section 2252A(b) of title 18, United States Code, is amended--

(1) in paragraph (1)--

(A) by striking `5 years and not more than 20 years' and inserting `15 years or for life'; and

(B) by striking `not less than 15 years nor more than 40 years' and inserting `life'; and

(2) in paragraph (2)--

(A) by striking `or imprisoned not more than 10 years, or both' and inserting `and imprisoned for not less than 3 years nor more than 20 years'; and

(B) by striking `10 years nor more than 20 years' and inserting `20 years or for life'.

SEC. 10. REQUIREMENT TO PLACE WARNING MARKS ON COMMERCIAL WEBSITES CONTAINING SEXUALLY EXPLICIT MATERIAL.

(a) Definitions- In this section--

(1) the term `Commission' means the Federal Trade Commission;

(2) the term `website' means any collection of material placed in a computer server-based file archive so that it is publicly accessible, over the Internet, using hypertext transfer protocol or any successor protocol except that the term does not include any collection of material where access to sexually explicit material is restricted to a specific set of individuals through the provision of a password or through another access restriction mechanism;

(3) the term `sexually explicit material' means any material that depicts sexually explicit conduct (as that term is defined in subsection (2)(A) of section 2256 of title 18, United States Code), unless the depiction constitutes a small and insignificant part of the whole, the remainder of which is not primarily devoted to sexual matters;

(4) the term `Internet' means the combination of computer facilities and electromagnetic transmission media, and related equipment and software, comprising the interconnected worldwide network of computer networks that employ the Transmission Control Protocol/Internet Protocol or any successor protocol to transmit information; and

(5) the term `Internet access service'--

(A) means a service that enables users to access content, information, electronic mail, or other services offered over the Internet, and may also include access to proprietary content, information, and other services as part of a package of services offered to consumers; and

(B) does not include telecommunications services.

(b) Labeling Requirement- Except as provided in subsection (d), no person who operates a website that is primarily operated for commercial purposes, in or affecting interstate or foreign commerce, may knowingly, and with knowledge of the character of the material, place on that website sexually explicit material, and fail--

(1) to include on each page of the website that contains sexually explicit material, the marks and notices prescribed by the Commission under subsection (c); or

(2) to ensure that the matter on the website that is initially viewable, absent any further actions by the viewer, does not include any sexually explicit material.

(c) Prescription of Marks and Notices- Not later than 90 days after the date of enactment of this Act, the Commission shall, in consultation with the Attorney General, establish by regulation clearly identifiable marks or notices to be included in the code, if technologically feasible, or if not feasible on the pages, of websites that contain sexually explicit material in order to inform the viewer of that fact and to facilitate the filtering of such pages.

(d) Inapplicability to Carriers and Other Service Providers- This section shall not apply to a person, to the extent that such person is--

(1) a telecommunications carrier engaged in the provision of a telecommunications service;

(2) a person engaged in the business of providing an Internet access service; or

(3) similarly engaged in the transmission, storage, retrieval, hosting, formatting, or translation (or any combination thereof) of a communication made by another person, without selection or alteration of the content of the communication, and such person's deletion of a particular communication or material made by another person in a manner consistent with any applicable law or regulation shall not constitute selection or alteration of the content of the communication.

(e) Penalties- Whoever violates subsection (b)--

(1) shall be fined under title 18, United States Code, imprisoned not more than 5 years, or both; and

(2) shall be fined under title 18, United States Code, and imprisoned for not less than 5 years nor more than 15 years, if such person has a prior conviction under--

(A) this section;

(B) section 1591 or chapter 71, chapter 109A, chapter 110, or chapter 117 of title 18, United States Code;

(C) section 920 of title 10, United States Code, (article 120 of the Uniform Code of Military Justice); or

(D) the laws of any State relating to--

(i) aggravated sexual abuse, sexual abuse, or abusive sexual contact involving a minor or ward;

(ii) the production, possession, receipt, mailing, sale, distribution, shipment, or transportation of child pornography; or

(iii) sex trafficking of children.

SEC. 11. ADDITIONAL RICO PREDICATES.

Section 1961(1) of title 18, United States Code, is amended--

(1) by inserting `section 641 (relating to embezzlement or theft of public money, property, or records,' after `473 (relating to counterfeiting),'; and

(2) by inserting `section 666 (relating to theft or bribery concerning programs receiving Federal funds),' after `section 664 (relating to embezzlement from pension and welfare funds),'.

SEC. 12. ADDITIONAL RESOURCES FOR THE INNOCENT IMAGES NATIONAL INITIATIVE.

(a) Authorization of Appropriations- There are authorized to be appropriated to the Director of the Federal Bureau of Investigation to carry out the Innocent Images National Initiative, $30,000,000 for each of the fiscal years 2008 through 2012.

(b) Availability- Any amounts appropriated pursuant to subsection (a) shall remain available until expended.

--------------------------------------------------------------------------------

rowdee  posted on  2007-02-12   21:32:44 ET  Reply   Trace   Private Reply  


#2. To: Zipporah (#0)

Under the guise of reducing child pornography

Oh crap

Pepper  posted on  2007-02-12   21:33:16 ET  Reply   Trace   Private Reply  


#3. To: Zipporah (#0)

More information here:

Action: Republicans want to monitor all emails, IMs, etc.

.

...  posted on  2007-02-12   21:34:47 ET  Reply   Trace   Private Reply  


#4. To: Zipporah, TEXANS UNITE (#0)

A bill introduced last week by Representative Lamar Smith (R-TX) is beginning to raise eyebrows.

[It] would require ISPs to record all users' surfing activity, IM conversations and email traffic indefinitely.

How many more kicks in the face will we take before we fight back.
This sob needs to be dragged out of his freeking office for a public street trial.

Law Enforcement Against Prohibition




In a CorporoFascist capitalist society, there is no money in peace, freedom, or a healthy population, and therefore, no incentive to achieve these - - IndieTX

In a time of universal deceit, telling the truth is a revolutionary act - - George Orwell

IndieTX  posted on  2007-02-12   21:35:11 ET  (1 image) Reply   Trace   Private Reply  


#5. To: rowdee, Pepper (#1)

Under the guise of reducing child pornography

Yeah.. it's for the 'children' ..what horseshit!

Zipporah  posted on  2007-02-12   21:37:22 ET  Reply   Trace   Private Reply  


#6. To: Zipporah (#0)

Just encrypt it, if they can crack it, good for them. :)

God is always good!
"It was an interesting day." - President Bush, recalling 9/11 [White House, 1/5/02]

RickyJ  posted on  2007-02-12   21:39:01 ET  Reply   Trace   Private Reply  


#7. To: IndieTX (#4)

People will buy into this.. betcha.. they make all these BS claims that they are trying to protect children.. it's a pack of lies of course..

Zipporah  posted on  2007-02-12   21:39:24 ET  Reply   Trace   Private Reply  


#8. To: RickyJ (#6)

Just encrypt it, if they can crack it, good for them. :)

How do people encrypt IM? Email yes .. but IM?

Zipporah  posted on  2007-02-12   21:39:58 ET  Reply   Trace   Private Reply  


#9. To: Zipporah (#0)

Lamar, you sicker than sick pud...you jerk-off idiot.

Dr.Ron Paul for President

Lod  posted on  2007-02-12   21:42:22 ET  Reply   Trace   Private Reply  


#10. To: Zipporah (#8) (Edited)

How do people encrypt IM? Email yes .. but IM?

The principle is the same as with e-mail. IM is really nothing more than instant email. Any data that can be transmitted or stored can be encrypted and decrypted, which means all of it can.

God is always good!
"It was an interesting day." - President Bush, recalling 9/11 [White House, 1/5/02]

RickyJ  posted on  2007-02-12   21:45:13 ET  Reply   Trace   Private Reply  


#11. To: Zipporah (#8) (Edited)

Here's a product called Simp Pro that encrypts and decrypts IM messages for many popular IM applications. There are many more out there, I personally don't use any myself, partly because I don't discuss any thing that important anyway with such IM applications.

God is always good!
"It was an interesting day." - President Bush, recalling 9/11 [White House, 1/5/02]

RickyJ  posted on  2007-02-12   21:50:39 ET  Reply   Trace   Private Reply  


#12. To: rowdee (#1)

That is a whole lotta words that the government can twist to their advantage IMHO.

Pepper  posted on  2007-02-12   21:51:07 ET  Reply   Trace   Private Reply  


#13. To: RickyJ (#11)

Neither do I for that matter but was curious.. thanks

Zipporah  posted on  2007-02-12   21:54:50 ET  Reply   Trace   Private Reply  


#14. To: Zipporah, All (#0)

There are laws against Child Porn...correct?

Pepper  posted on  2007-02-12   21:55:46 ET  Reply   Trace   Private Reply  


#15. To: Pepper (#14)

There are laws against Child Porn...correct?

Absolutely..

Zipporah  posted on  2007-02-12   21:56:43 ET  Reply   Trace   Private Reply  


#16. To: IndieTX (#4)

How many more kicks in the face will we take before we fight back.

How the hell can we fight this shit?

Voting does not work. Letters and calls do not work. Bitching in the face the people that are sent to DC does not work....

Pepper  posted on  2007-02-12   22:07:54 ET  Reply   Trace   Private Reply  


#17. To: Pepper, christine (#16)

Voting does not work. Letters and calls do not work. Bitching in the face the people that are sent to DC does not work....

That's not what I had in mind. I know those don't work. This jackass needs 10,000 thousand people literally dragging his ass out into the street and scaring the living shit out of him. [That's more than the size of Austin's finest and the loca DPS and the county yokals all put together. It's time for some late 18th century style tar and feathering.

Law Enforcement Against Prohibition




In a CorporoFascist capitalist society, there is no money in peace, freedom, or a healthy population, and therefore, no incentive to achieve these - - IndieTX

In a time of universal deceit, telling the truth is a revolutionary act - - George Orwell

IndieTX  posted on  2007-02-12   22:13:50 ET  Reply   Trace   Private Reply  


#18. To: IndieTX (#17)

It's time for some late 18th century style tar and feathering.

That is easy to say, harder to do.

Hell, I have worked hard to get to where I am. I do not want to spend the rest of my life in jail....at best.

Pepper  posted on  2007-02-12   22:20:56 ET  Reply   Trace   Private Reply  


#19. To: Zipporah (#0)

I have a novel idea - how 'bout parents monitor their kids internet use? problem solved.

kiki  posted on  2007-02-12   23:06:20 ET  Reply   Trace   Private Reply  


#20. To: IndieTX, Pepper (#17)

nothing short of a V for Vendetta scenario will stop this juggernaut..it would literally take millions and millions of us.

christine  posted on  2007-02-12   23:15:33 ET  Reply   Trace   Private Reply  


#21. To: christine (#20)

..it would literally take millions and millions of us.

I'm thinkin' there's only about 250,000 of "us" in the whole country...tops.

01/31/07 Free Republic surrenders to Iran over an elecronic advertisment.
Another proud day for America!

Esso  posted on  2007-02-12   23:22:16 ET  Reply   Trace   Private Reply  


#22. To: Esso (#21)

yeah..i'm fantasizing.

christine  posted on  2007-02-12   23:27:55 ET  Reply   Trace   Private Reply  


#23. To: Pepper (#12)

Prexactly! And so deep in the bullshit that I opted not to read it word for word, or phrase for phrase left I develop an even larger headache than I currently have.

rowdee  posted on  2007-02-13   0:01:51 ET  Reply   Trace   Private Reply  


#24. To: Esso, tommythemad artist, diana, robin, (#21)

'm thinkin' there's only about 250,000 of "us" in the whole country...tops.

Enter Screen Names of recipients separated by commas or semicolons.

250,001 if you count me.

And I was in Denver at the Capitol attending a Senate hearing on a bill of interest all day today. Talking to my lobby friends and letting the Senators I know I am there.

I was named division leader of six precients here a few weeks ago, and a member of the Orwellian "Central Commitee" of the county that I live in.

What's my point? Not sure either. But I am trying to work within the system - and outside of it as a rebel.

I'll tell you this. From what I know - a smalll group a dedicated folks could pretty much, if not take control, but dramatically impact, the county political system that I see, and it really wouldn't be all that difficult. Might take a year or so. In six weeks any intelligent small organization with a few $$ can easily get on the speed dial of a state representative or senator.

Apathy is the best friend of the status quo. And it can be the best friend of an unapathetic organization.

tom007  posted on  2007-02-13   0:09:53 ET  Reply   Trace   Private Reply  


#25. To: tom007 (#24)

In six weeks any intelligent small organization with a few $$ can easily get on the speed dial of a state representative or senator.

Keep us updated, good luck with that effort.

Those who make you believe in absurdities can make you commit atrocities. – Voltaire
In politics, nothing happens by accident. If it happens, you can bet it was planned that way. ~ Franklin D. Roosevelt

robin  posted on  2007-02-13   1:46:29 ET  Reply   Trace   Private Reply  


#26. To: Pepper (#16)

How the hell can we fight this shit?

Voting does not work. Letters and calls do not work. Bitching in the face the people that are sent to DC does not work....

Two words: tar, feathers.


I don't want to be a martyr, I want to win! - Me

Critter  posted on  2007-02-13   1:55:09 ET  Reply   Trace   Private Reply  


#27. To: Zipporah (#0)

The "Conservative" response to this? "You have nothing to fear if you are innocent."

Burkeman1  posted on  2007-02-13   2:50:57 ET  Reply   Trace   Private Reply  


#28. To: Burkeman1, Zipporah (#27)

Hey, still being on dialup will have its advantages when we go back to PC based telephone BBS systems!

"pound pastrami, can kraut, six bagels – bring home for Emma"

Axenolith  posted on  2007-02-13   2:55:05 ET  Reply   Trace   Private Reply  


#29. To: rowdee (#23)

And so deep in the bullshit that I opted not to read it word for word,

I did....and got sick ;-)

Pepper  posted on  2007-02-15   13:11:07 ET  Reply   Trace   Private Reply  


#30. To: christine (#20)

V for Vendetta scenario

I had to look that up. You are correct IMHO

I hope I will stop feeling so dumb when I post here :0)

Pepper  posted on  2007-02-15   13:16:29 ET  Reply   Trace   Private Reply  


#31. To: Critter (#26)

Two words: tar, feathers.

I wish

Pepper  posted on  2007-02-15   13:17:44 ET  Reply   Trace   Private Reply  


#32. To: tom007 (#24)

Apathy is the best friend of the status quo. And it can be the best friend of an unapathetic organization.

I agree with you, tom007.

I write and fax letters to my congresscritters, picking my battles of course so as not to appear to be a chronic complainer.

Election year is around the corner and one of my senators and my house rep, are up for re-election and the house rep is looking a little wobbly because he's voted party lines 100 % of the time well except when he's absent.

Nowadays both he and the senator respond to me with nice almost personal letters within 3-4 days - the house rep responds the fastest ( wobblier) and the senator not too much later ( less wobbly but not 100% popular).

The senator who was re-elected in November does not respond at all - how's that for chutzpah?

So the next 2 years, I recommend all of you to contact your critters who are up for re-election. Though incumbency is a major advantage for them, they love their power and even if there is a 2% chance they will not get re-elected, that 2% keeps them up at night if they get numerous well written complaint letters - make sure your friends and neighbors write letters too. These DC gazelles know they are "ordinary"in real life without the limousines and perks from power - they don't want to end up "ordinary" again anytime soon.

scrapper2  posted on  2007-02-15   13:54:03 ET  Reply   Trace   Private Reply  


#33. To: scrapper2 (#32)

So the next 2 years, I recommend all of you to contact your critters who are up for re-election.

They listen MUCH better as the election gets closer. If it is a state rep/senator, having a neighborhood "meet the candidate" night at your house can endear you to him.

tom007  posted on  2007-02-15   14:41:43 ET  Reply   Trace   Private Reply  


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