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Archive for the ‘police state’ Category

At least The Flagstaff police seem to have been pretty laid back about it.

At 3 p.m. on March 28, 40 people dressed in black and red arrived with a shopping cart blaring music in tow at Flagstaff’s Heritage Square and began swinging cushions at each other. The feathers and fluff flew, but the mass of people also collided with the cops.

Part protest, part pillow fight, the event aimed to raise awareness of and protest the arrest of the “Republican National Convention Eight” (the RNC8).

The RNC8 protested the criminalization of dissent in Minneapolis and St. Paul during the 2008 Republican National Convention.

They were charged under the Minnesota PATRIOT act in response to their political organizing. They all face up to seven-and-a-half years in prison under the terrorism enhancement charge, which allows for a possible 50 percent increase in the maximum penalty. The legal expenses for those involved with the RNC8 are estimated to be $250,000.

The last time such charges were brought under Minnesota law was in 1918, when Matt Moilen and others organized labor unions for the International Workers of the World, also known as “the Wobblies.”
[. . .]
Aaron Levy, a second-year English graduate student at NAU donning a cat-ear cap, stood atop one of the Square’s benches and gave a speech through a megaphone.

“When we come to the pillow fight today, we want to show the world there is a better way to do things,” Levy shouted into his bullhorn. “You don’t need guns, you don’t need Tasers, you don’t need handcuffs, you don’t need politicians and we don’t need anybody but ourselves to operate in a world of peace and justice.”

The crowd cheered, and the cops crossed their arms.
[. . .]
The cops took Levy aside and began to question him about the complaints they received.

“You just gonna leave that out there?” Officer Condon pointed to the chalk.

“It will just kinda take care of itself,” Levy said.

“Nobody wrote anything vulgar or anything?” Condon asked.

“No sir. It’s just peace, love,” Levy said.

The cops let Levy go, and the group began to clean up the mess with borrowed brooms and bare hands.

Troy Farah and Matt Roberto, “Protestors ‘resist state terrorism’ with pillows“, JackCentral (NAU online news), April 2, 2009

(more…)

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Nothing to add to what’s been said about this by others.

Just my attempt to get a threadjacking off IPR and bring it to where it is on subject. That is, here.

If you have thoughts on the question, whether you find this from IPR or elsewhere, please add them in the comments.

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Press release posted on the LP Radicals yahoo group. Starchild has had various offices in the San Francisco and California LP, and is one of the spokespeople for this initiative.

The San Francisco Department of Elections announced today that the measure prohibiting city officials from spending money arresting and prosecuting people for prostitution, and mandating equal legal protection for sex workers, has qualified for the November ballot. Of 500 signatures randomly sampled and checked by department personnel, 80 percent were found to be valid. “This is a happy day for San Franciscans who want government to focus on fighting real crimes like homicides and robberies, and are tired of seeing resources wasted in a futile effort to police consensual sex between adults,” said Starchild, a sex worker activist and spokesperson for the campaign. “We’ve cleared the first hurdle.” By the Elections Department’s tally, supporters had turned in 12,745 signatures of registered San Francisco voters on July 7.

The campaign to decriminalize prostitution will hold a kickoff rally and press conference to formally announce the results on Tuesday at 4:00 p.m. in front of the Polk Street entrance of City Hall, with
speakers to likely include Supervisor Jake McGoldrick, who was a signer of the petition to put the measure on the ballot along with two of his board colleagues. “It is way past time that the
recommendations of the Board of Supervisors 1996 Prostitution Task Force were implemented,” said the measure’s proponent, Maxine Doogan. “Criminalizing sex workers has been putting workers at risk of violence and discrimination for far too long.”

The prostitution reform measure joins two other voter-submitted measures on the local Nov. 4 ballot, along with eight measures put on the ballot by the mayor or members of the Board of Supervisors, with many others expected to be added in the next several weeks.

Starchild – (415) 621-7932 / (415) 368-8657 / RealReform@…
Maxine Doogan – (415) 265-3302 / MistressMax@…

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Disturbing medical marijuana case involving an AIDS patient

Tom FaltynowiczTom Faltynowicz, a 43-year-old gay rancher in Meade County, South Dakota, was diagnosed with Aquired Immune Deficiency Syndrome (AIDS) in 1990, and is currently facing criminal charges for possessing and growing marijuana for medicinal usage.For those of you unaware of the specifics of that disease, a patient infected with the Human Immunodeficiency Virus (HIV) may or may not develop AIDS. Once infected with HIV, the disease damages the CD4 cells (T-Cells), and in fact uses those cells to replicate within the body; CD4 cells can be replaced through normal process in the early stages of the disease, but eventually the counts start to fall as the cells are overcome by the virus. A CD4 count between 700 and 1000 is considered normal in a non-HIV infected person; while a CD4 count of about 500 is considered normal when the virus is present. A CD4 count below 200 is indicative of AIDS, since it is at that point that the body loses its ability to fight off opportunistic infection.

Opportunistic infection is any infection which, under normal circumstances, the body could easily fight off. However, due to the lack of CD4 immune cells, AIDS patients are at very high risk of contracting diseases which they would never contract were it not for the virus destroying their immune system. Some diseases are so common in AIDS patients, and so uncommon in non-AIDS patients, that they are considered to be AIDS-defining diseases. Examples of AIDS-defining diseases include Pneumocystis Pneumonia (a fungal infection of the lungs) and Kaposi’s Sarcoma (once believed to be a rare form of cancer, now believed to be caused by Herpes Virus HHV8); these diseases are normally not seen in patients with a normal immune system. While there is viable treatment for many opportunistic diseases, they must be treated swiftly in an AIDS patient due to the patient’s body being unable to fight infection on its own.

Another important way of measuring HIV is by measuring the viral load. The viral load is the amount of HIV in the body. So while a CD4 count measures the amount of damage HIV has done, a viral load count will measure how much of the virus is actually in the body. In this way, doctors are able to measure whether drugs are working to halt the spread of the virus.

AIDS is a pandemic first identified in 1981 by the Centers for Disease Control (CDC), due to Pneumocystis Pneumonia being identified in five homosexual men in Los Angeles. The disease did not take over worldwide as quickly as it is generally believed, though. AIDS has been identified in tissue samples of patients who died of unknown causes as early as 1959; one postmortem case identified the virus in a tissue sample from a 15-year-old boy who died in St. Louis, Missouri, in 1969, though it is still unknown how the boy may have contracted the virus. Some scientists suggest the virus could have first infected humans sometime during the end of the 19th Century, while other scientists suggest it first infected humans during the early 20th century, between 1915 and 1930. Regardless of whether it started during the late 19th Century or early 20th Century, it took many decades for it to even become prevalent enough to be noticed. Since the virus is slow to overtake its host, the window for inadvertent infection of others is years, rather than days or weeks as with most viruses.

It is unclear exactly how the virus started, but it seems clear that it crossed species from primates (which can carry a disease known as the Simian Immunodeficiency Virus) into humans, likely when humans came into contact with the bodily fluids of monkeys, possibly during consumption, hunting or butchering the animals (monkey meat is a delicacy in some areas of the world, and is regularly eaten in some areas of Africa). The virus spread due to a number of factors, including vaccines given with unclean needles in developing countries. While AIDS is now generally viewed as a disease of gay men and intravenous drug users, the truth is far more chilling, since the virus is not contained only within a particular population. Many women and children are infected with the virus, and in some areas of the world, particularly Africa where infected patients do not have access to proper health care, the number of deaths has become catastrophic.

At this time, there is no cure for HIV, or for AIDS, nor is there a vaccine to prevent transmission. However, scientists have designed a number of drugs inhibit the virus’s replication. To understand how these drugs work, a short primer on the virus is necessary.

HIV takes over CD4 cells, changing their molecular structure by inserting its own ribonucleic acid (RNA). The virus itself, which is too small to be seen except with an electron microscope, consists of an outer envelope containing the virus and the proteins and enzymes necessary for replication; the envelope has about 72 spikes on its surface. When the virus bumps into a cell coated by the CD4 protein, the spikes stick into the cell and fuse, at which time the inner contents of the HIV envelope is released into the CD4 cell.

Once inside the cell, the HIV enzyme called reverse transciptase converts the viral RNA into DNA, which is compatible with human genetic material. This DNA is transported to the cell’s nucleus, where it is spliced into the human DNA by the HIV enzyme called integrase. Once it is spliced into the human DNA, the HIV DNA is known as provirus. The provirus may lie dormant within a cell for quite some time. However, when the cell becomes activated, it treats HIV genes in almost the same way as human genes. First it uses human enzymes to convert HIV genes into messenger RNA. The messenger RNA is transported outside the cell nucleus, and is used as a blueprint for producing new HIV proteins and enzymes, much in the same way as the human body normally produce replacement cells.

Complete copies of HIV genetic material is contained among the strands of messenger RNA produced by the cell. These copies combine with newly made HIV proteins and enzymes to form new viral particles, which are then released from the cell. The enzyme protease plays a vital role of the HIV life cycle, as it chops up long strands of protein into smaller pieces, which are then used to construct mature viral cores. At that point the newly matured HIV particles are ready to infect another cell, and begin the replication process all over again. In this way the virus quickly spreads through the human body, and causes its host to become infectious. HIV is passed to others through bodily fluids; some fluids contain more of the virus than others.

Contrary to popular belief, people do not die of HIV, or of AIDS. They die of the opportunistic infections which accompany the complete loss of their immune system. Patients therefore must take a strong cocktail of medications to stop the virus from replicating and destroying their immune system. Some common drugs prescribed for AIDS patients, to stop the virus from replicating, include reverse transcriptase inhibitors, which prevent the viral RNA from being converted into human DNA; protease inhibitors, which prevent the virus from creating new mature viral cores; and integrase inhibitors, which prevent the viral DNA from being spliced into the human DNA within the cells.

Unfortunately, with those life-saving treatments for the virus come life-threatening side effects, from lethal liver damage to an overwhelming nausea which results in starvation and dehydration; when this occurs, it only worsens those same symptoms which can be caused by the virus itself. Over the years many drugs have been discovered to combat the side effects (those same side effects are found in many other medical conditions as well), and to increase the quality of life for those who are infected with the virus; some of those drugs and treatments are pharmaceutical in nature, and some are natural.

One of the non-pharmaceutical drugs, which has proven very helpful in battling the anxiety, overwhelming nausea and physical wasting which comes with the virus and its treatment, is marijuana. So effective is marijuana that scientists have even made a pharmaceutical version of the drug, used in chemotherapy patients as well as AIDS patients, which contains synthetic THC (the active ingredient in marijuana). However, many patients believe that the natural THC in marijuana works better than the synthetic version in Marinol, and science supports this belief. In studies of marijuana usage for medicinal usage, it was found that other chemicals found in marijuana have additional medicinal effects which complement the effects of THC. Furthermore Marinol is extremely expensive (Tom’s Marinol costs about $2200 per month, so severe is his nausea and gastrointestinal symptoms), and thus the drug is far beyond the financial reach of most patients; and for that reason they cultivate and smoke marijuana for medicinal purposes. While the black market cost of marijuana can be high, the plant can be cultivated at home from seeds, at very little cost to the patient.

In some states, it is legal for patients with a valid medical prescription to possess certain amounts of dried and cultivated marijuana for personal medicinal use. However, even in those states, the US Government – which has declared that marijuana is an illicit and therefore illegal drug – refuses to permit patients to use the cultivated form of THC. Patients are regularly arrested for merely possessing the substance which allows them to live a more normal life, and which in cases of extreme wasting seen in AIDS, is actually life-saving. This occurs nationwide, including in the states where marijuana is legal for medicinal use.

I do not advocate the casual use of marijuana (or any other drug, prescription or otherwise) to get “high”. I do strongly advocate the right of physicians and patients to determine the best course of treatment, and I believe the government has no right to interfere in the doctor/patient relationship when the patient is not being placed in untoward danger.

Enter Tom Faltynowicz. When Tom was diagnosed with AIDS in 1990, he was given “maybe a few years” to live. Eighteen years later, he is in a fight for his life, but it’s a fight of a very different kind.

In September 2007, law enforcement officials in his native Meade County received an anonymous call, stating that Tom had between 75 and 100 marijuana plants growing behind a metal building on his property. It is believed that the anonymous call came from Tom’s daughter, who was angry with him because he had recently stated his disapproval of her relationship with a particular man.

When Meade County Investigator Michael Walker and South Dakota Division of Criminal Investigation Agent John Griswold arrived at Tom’s home the next day, there were not 75 to 100 plants on the property, or even anywhere near that many; in fact, there were no plants out in the open at all. However, when asked by those officers about the accusation, Tom immediately admitted to growing marijuana to treat his medical condition. He even invited the officers into his home, so they can see where he was growing it, and he was completely cooperative at all times, even according to the police report regarding the incident. All told, the officers found five plants, and about four ounces of dried marijuana. There was never an allegation that the marijuana was being used for anything but his medical condition, and never an allegation that he was selling the marijuana. It remains undisputed that Tom was using the marijuana to treat AIDS, and the side effects of the many potent medications he takes to fight the virus.

Tom takes a total of four antiretroviral drugs to combat the HIV infection: Combivir (a combination of Retrovir and Epivir), Sustiva, and Viread. Each of these drugs, by themselves, come with potentially fatal side effects. All of these drugs can cause severe nausea, and can result in extreme anxiety as an additional side effect. In addition, Tom has been prescribed Marinol, the synthetic THC drug to combat nausea and vomiting, so there is no question that he suffers the side effects which are treated by marijuana, and there is no question that his side effects are severe based upon his dosage. However, Tom says that the marijuana is far more effective than the Marinol, since Marinol makes him so tired that he cannot function; and his physician is aware of and supports his use of marijuana to treat his symptoms.

Tom, though he has no prior criminal record with the exception of two prior misdemeanor convictions for possession of small amounts of marijuana – both of which occurred after he was diagnosed with AIDS – pled guilty to felony possession of marijuana. He faces a maximum of two years in prison, and a maximum fine of $4000; he could also be given probation. His sentencing date has been set for April 21st, before the Honorable Jerome Eckrich, Circuit Judge. Tom’s Infectious Disease Specialist, Dr. Traub, will speak at the sentencing hearing. The State Attorney has already said that he will not object to anything Dr. Traub might say. It appears that no one is interested in punishing Tom Faltynowicz; at the same time, under the law, his possession of marijuana – regardless of the reason why he possessed it – is a felony in the state of South Dakota.

Tom, however, is an exception to the reason that law was written. It was written to stop people from abusing the drug to get high, and to stop them from selling or otherwise providing it to others for the same illicit purpose. It is extremely doubtful the legislature was aware of the medicinal effects of marijuana when that law was passed, and it’s extremely doubtful the legislature ever intended to punish patients with a deadly disease. It’s even possible that the medicinal effects of marijuana were unknown to them when that law was passed, since it is hardly a new law. Nevertheless, since the law exists, it will be enforced, even against people like Tom who are using marijuana strictly for medicinal purposes.

This raises a number of questions. Even if Tom is merely placed on probation, and even if he stopped smoking marijuana altogether, using Marinol to control his symptoms would result in violation of probation, since he would test positive for THC during required drug tests. If he fails a drug test while on probation, he will be incarcerated.

If he is incarcerated, he will not only not have access to the drug which he needs to survive without excessive suffering due to overwhelming nausea, vomiting, physical wasting, and extreme fatigue; but the South Dakota Department of Corrections will be forced to pay for the extremely expensive antiretroviral drugs which fight the virus as well as the Marinol, at a cost of thousands of dollars per month to the taxpayers, in addition to the increased cost of incarceration for a man with an infectious deadly disease. As you should understand after my explanation of how those drugs work, and how the virus works, missing even one dose of his antiretroviral drugs could be catastrophic for his health, since it would allow the virus to replicate until the drug was again built up to a therapeutic dosage. Yet in a prison environment there is no guarantee that he will receive his life-sustaining medications at all, much less receive them on the schedule those drugs demand.

Tom has said that he will not stop using marijuana, because it allows him to live a relatively normal life. Without it, his body is wracked with pain, nausea, and vomiting; he is unable to eat or drink, and thus his body becomes even more weakened, even more unable to fight the virus, and even more prone to the many opportunistic illnesses, any one of which could easily end his life. This is especially true if he is confined in a jail or prison facility, given that there are large numbers of inmates living in close approximation.

To incarcerate Tom Faltynowicz would therefore place his life at severe risk, and as such would clearly constitute cruel and unusual punishment, as prohibited by the Eighth Amendment of the US Constitution. Furthermore, it would serve no purpose to incarcerate him, since his crime is merely possession of a drug which allows him to live with his disease and to continue take the cruel medications which literally keep him alive. He poses no threat to anyone and he is not selling or otherwise distributing the marijuana, nor has it even been suggested that he is selling or distributing the marijuana. Rehabilitation is also not a valid cause for his incarceration, since he merely uses the drug for medicinal purposes, and thus he is not in need of rehabilitation.

Society would not be served by incarcerating Tom Faltynowicz. The interests of justice would not be served by incarcerating Tom Faltynowicz.

As such, justice demands that the court show mercy by giving Tom Faltynowicz a suspended sentence, no probation, and whatever fine the court sees fit, as long as it is within Tom’s ability to pay said fine.

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Tim CouchI’m not exactly sure why someone who sits on a state legislature (where he represents about two and a half obscure rural counties out of 120 counties in the state) thinks that he can legislate what everyone in the world does, but

Kentucky Representative Tim Couch filed a bill this week to make anonymous posting online illegal.

The bill would require anyone who contributes to a website to register their real name, address and e-mail address with that site.

Their full name would be used anytime a comment is posted. If the bill becomes law, the website operator would have to pay if someone was allowed to post anonymously on their site. The fine would be five-hundred dollars for a first offense and one-thousand dollars for each offense after that.

Representative Couch says he filed the bill in hopes of cutting down on online bullying. He says that has especially been a problem in his Eastern Kentucky district.

Ah, eastern Kentucky, home of one of this blog’s all-time favorite criminals, the Duct Tape Bandit. LOL. That probably answers my original question in this thread.

Aside from the logistics, in that it is absolutely impossible for a state legislature to legislate the behavior of everyone on the internet – no matter how hard they may try – is this a good idea?

Even though I covered the Megan Meier controversy to a great degree, I think it is a horrible idea, and I’ll tell you why.

What happened to Megan Meier was an anomaly. That poor young girl was mentally ill, as evidenced by the fact that she was prescribed not just anti-depressants, but also Geodon, an anti-psychotic. Her adult neighbor Lori Drew was well aware of this, so what she did to that child is absolutely unconscionable, whether one believes she is responsible for Megan’s death or not.

While I realize there are people who have mental illnesses on the internet – and sometimes I wonder if the majority of people posting on the internet have a mental illness – the internet is not a nanny, nor should anyone expect it to be. It is also not a place for children, or the otherwise weak at heart. It is definitely rated “R”, so no one who couldn’t get into an R-rated movie shouldn’t be here in the first place, unless they have parental guidance.

Some other parts of the internet are rated NC-17, some are rated X. With some websites, you don’t even realize you are going to an X-rated site until you are already there (another problem, but responsible internet users simply don’t click on unknown links in the first place).

I can write an article as ElfNinosGreatAuntTilley, and as long as I don’t harm anyone in the process, it is not a crime for me to do that. The right to anonymity is a basic right. It is a right which I exercise everytime I log onto this blog. It is a right which I exercise in my personal life on a fairly regular basis. The fact of the matter is that no one is entitled to know my name, in real life or on the internet. I’m not doing anything wrong, and in fact I do a lot to help others in life, but I like my privacy.

Why do I think it is important for me to post under a pseudonym? There are several reasons, all of which I feel are perfectly valid.

I used to regularly bust scammers on Quatloos, cooperating with the FBI and other law enforcement agencies to get these slimeballs behind bars where they belong, and in that capacity I angered some extremely dangerous people. Once I even angered a man who was a dirty ex-NYPD cop, and a former enforcer with the Colombo crime family (yes, the mafia). He had stolen millions from people in a scam wherein he pretended to be a loan company for people who can’t get conventional loans, and he would charge them a large up-front fee. He did his best to ascertain my real identity, and made multiple threats of physical violence against me, including both murder and rape.

In a situation like that, I have two choices. I can either bust the guy under a pseudonym, and be able to sleep at night, or I can do so under my real name, and end up moving every few months. I choose to stay put.

As most of you are aware, I am a professional writer, and I write about true crime as well as criminology issues. However, I didn’t sign up for the publicity which comes with that. I have a unique name, and I don’t want people coming onto this blog to ask me the same questions I’ve been asked (and answered) a million times, and harassing my friends who visit this blog; yet I have every reason to believe they will do that, because that’s what they did when I had a professional website. I just want to be me when I’m here, and I want others to feel comfortable posting here as well.

Tim Couch may not think those are valid reasons for me to not use my real name on the internet, and he’s entitled to his opinion. At the same time, I didn’t elect him, and I don’t live in Kentucky, so his opinion could not possibly be more irrelevant to me.

The fact of the matter is that there are more than enough laws already on the books to handle any situation which might arise on the internet, regardless of whether the person is using their real name or a pseudonym. There are laws against stalking, harassment, obscenity, and other problems. Sure, it might not be easy to find the perpetrator, but it’s not always easy to find perpetrators in real life either.

There are laws to cover what Lori Drew did to Megan Meier, too, if the authorities would use their heads. She could be charged under child abuse laws, stalking laws, harassment laws … the list goes on and on. I don’t know why they decided to not charge her, but that doesn’t mean she couldn’t be charged if the prosecutor wanted to do so. Of course, now a federal grand jury is considering charges against her for wire fraud, since she used a false name on MySpace for the specific intention of stalking and harassing another person (though that’s a Catch-22, since Megan Meier also falsified her age with her mother’s permission, as she was otherwise too young to have a MySpace account). It’s not a problem to use a false name in and of itself. It only becomes a problem when someone uses a false name in order to commit a crime, which is something the vast majority of people on the internet will never do.

So, in a nutshell, I think Kentucky State Representative Tim Couch needs to worry about things which are actually under his control. He is not in a position to legislate the internet, since he is just a state legislator. He has, like a typical politician, grabbed onto a controversial issue to get publicity. Even if his law passes, he is only giving his constituents a false sense of security on the internet since the law would not apply to anyone outside that state; he’d do a far greater service to his constituents if he introduced a bill to fund a public information program about the internet, or requiring that children in his state be educated about the dangers of the internet. He knows or should know that he has no jurisdiction to legislate the internet. If he doesn’t know that, he isn’t smart enough to be making laws in the first place.
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Originally posted on Adventures In Frickintardistan

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Charlette Marshall-Jones, the Hillsborough County, Florida deputy who was caught on surveillance cameras dumping a quadriplegic man out of his wheelchair after he was arrested on a traffic violation, has been arrested herself.

In case you missed it, here is the video:

Marshall-Jones has been charged with abuse of a disabled person, and faces five years in prison. In the meantime she has been suspended without pay.

I bet the gals in genpop would be happy to have not only an ex-cop, but an abusive ex-cop who likes to abuse people in wheelchairs who can’t even move, join their ranks. They might even throw her a few of those pillowcase parties I’ve heard so much about. ;-)

Now authorities need to go after the jail employees who saw it but didn’t report it, and especially the jerk cop at the end of the video who laughed about it.

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Originally posted on Adventures In Frickintardistan 

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Man going to prisonNEW YORK (AP) — For the first time in history, more than one in every 100 American adults is in jail or prison, according to a new report.The report, released Thursday by the Pew Center on the States, said the 50 states spent more than $49 billion on corrections last year, up from less than $11 billion 20 years earlier. The rate of increase for prison costs was six times greater than for higher education spending, the report said.Using updated state-by-state data, the report said 2,319,258 adults were held in U.S. prisons or jails at the start of 2008 — one out of every 99.1 adults, and more than any other country in the world.

You can read the rest of this article here.

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Originally posted on Adventures In Frickintardistan 

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