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Subject:

[CSL]: Digital Civil Rights in Europe

From:

J Armitage <[log in to unmask]>

Reply-To:

Interdisciplinary academic study of Cyber Society <[log in to unmask]>

Date:

Thu, 17 Jun 2004 07:46:56 +0100

Content-Type:

text/plain

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From: [log in to unmask]
To: [log in to unmask]
Sent: 16/06/2004 20:09
Subject: SP? EDRi-news Digest, Vol 15, Issue 2

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Today's Topics:

   1. EDRI-gram newsletter - Number 2.12, 16 June 2004
      (EDRI-gram newsletter)


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

Message: 1
Date: Wed, 16 Jun 2004 20:03:20 +0200 (CEST)
From: "EDRI-gram newsletter" <[log in to unmask]>
Subject: EDRI-gram newsletter - Number 2.12, 16 June 2004
To: [log in to unmask]
Message-ID:
        <[log in to unmask]>
Content-Type: text/plain;charset=iso-8859-1

============================================================

                           EDRI-gram

    bi-weekly newsletter about digital civil rights in Europe

                    Number 2.12, 16 June 2004


============================================================
Contents
============================================================

 - call for participation in EDRI and EDRI-gram -
1.  New members join EDRI
2.  Results European elections for digital rights
3.  EU Parliament renews decision to take Commission to court
4.  Berlin declaration on music flatrate
5.  Notice and take down procedure validated in French law
6.  Bulgarian complaint against Microsoft
7.  Free Bitflows conference in Vienna
8.  Deadline public comments on ICANN whois policy
9.  Bulgarian government to use open source
10. Russian council rejects copyright extension
11. Agenda
12. About - new: Creative Commons License


============================================================
- Call for participation in EDRI and EDRI-gram -
============================================================

EDRI kindly invites readers from any region represented in the Council
of
Europe to get involved in EDRI, and suggest items for EDRI-gram. Please
contact the editor or the board of EDRI if you're interested in
participating and promote the up-keeping of digital civil rights in
Europe. EDRI also welcomes applications for informal membership from
people that are in the process of setting up a non-governmental
organisation dedicated to digital rights.

Editor: [log in to unmask]
EDRI board: [log in to unmask]


============================================================
1. New members join EDRI
============================================================

During the annual general assembly of EDRI-members on 12 June 2004 in
Berlin, Germany, two new members were admitted, both from Germany. The
Netzwerk Neue Medien (network new media) is a digital civil rights
organisation that aims to strengthen and critically analyse the public
debate about socio-political aspects of the new media. In February 2003
NNM transformed from an informal network to a formal association.

The FIfF (Forum InformatikerInnen fuer Frieden und gesellschaftliche
Verantwortung e.V., or Computer Professionals for Peace and Social
Responsibility) was founded in 1984 and wants computer science to help
shape a world that is worth living in. FIfF has about 800 individual and
institutional members, organised in both thematic and regional groups.
The
forum publishes the critical computer quarterly 'FIFF-Kommunikation' (in
German).

EDRI also elected a new board of 5 people. The board members elected Ian
Brown (FIPR - UK) as president, Rikke Frank Jorgensen (Digital Rights -
Denmark) as vice-president and Andreas Krisch (VIBE!AT - Austria) as
treasurer. Lena Nalbach (Quintessenz - Austria) and Sjoera Nas (Bits of
Freedom - the Netherlands) were elected as general board members.

FIfF website
http://www.fiff.de/

NNM website
http://www.nnm-ev.de/


============================================================
2. Results European elections for digital rights
============================================================

One of the results of the European elections is the loss of some
excellent
Members of Parliament. EDRI wishes to thank a number of MEPs that have
struggled hard to defend privacy and digital civil rights, but have not
been re-elected.

As rapporteur of the Directive on privacy and electronic communications,
the Italian MEP Marco Cappato worked very hard to insert important
privacy-guarantees and fiercely opposed mandatory retention of
telecommunications traffic data. Author of the report on the right to
privacy and data protection (approved by Parliament on 9 March 2004 by
439
votes in favour, 39 against and 28 abstentions), organiser of an
important
civil society meeting in Parliament, staunch protester against the
transfer of PNR-data to the US without strong privacy-protection, and
tabler of many key amendments on the IPR Enforcement Directive at the
first reading, Cappato deserves a lot of credit as a champion for
digital
rights. Mister Cappato's Lista Bonino lost almost three quarters of its
voters, compared to the 1999 EU Parliament elections, and will send only
two MEPs to Brussels. Mr. Cappato held place three on this list and may
come back to Brussels as a substitute MEP if one of the two others
should
be replaced.

MEP Johanna Boogerd-Quaak from the small Dutch democratic-liberal party
unfortunately also lost her seat, making it impossible for her to see
the
end of the court-case she instigated against the European Commission
about
the PNR-transfer to the US. Boogerd-Quaak was vice-chairman of the
parliamentary citizen's rights committee (LIBE) and initiated an
important
report on freedom of the media (adopted on 22 April 2004, by 237 votes
in
favour to 24 against, 14 abstentions and mass blocking of the vote by
centre right MEPs). Furthermore, she strongly opposed the proposals from
the Commission for unlimited software patents.

The Liberal Group will also be missing her fellow Dutch MEP, Elly
Plooij-Van Gorsel. She was one of the Parliament's most high-profile
MEPs
when it came to defending the internet as a place of free expression.
She
opposed the data retention provision in the privacy in telecommunication
directive and joined EDRI in a press conference in May 2002 against the
proposal. As vice-chairman of the EU parliament Echelon committee,
Plooij
has taken a pro-encryption stand. Plooij finally, was rapporteur on the
EU
software patents directive and proposed various amendments that softened
the directive. Mrs. Plooij -van Gorsel did not run any more.

The German MEP Ilka Schroeder, who separated from the Greens in 2001 to
become an independent MEP, also participated actively in the
parliamentary
committees on Echelon and citizen's rights. Like the previously
mentioned
MEPs she opposed mandatory data retention (she was the rapporteur for
the
2002 privacy directive in the Industry committee) and software patents,
and warned against initiatives to turn Europe into a cyber-police state.

EDRI also wishes to thank the French MEP Alima Boumedienne-Thiery from
the
French Greens, who has given the European Parliament a number of
outstanding reports on human rights issues. Boumedienne-Thiery was the
rapporteur of the 2003 annual report on fundamental rights in the EU,
presented to the EP in Strasbourg on April 2004. The report was rejected
by a very small majority: 184 vs. 177 MEPs that supported the report.

Finally, Olga Zrihen, of the French-speaking Belgian Social Democrats
will
also have to clear her office in the European Parliament. Mrs. Zrihen,
who
has been a Member of the Parliament for only three years, was lately
very
engaged in the fight against software patents.

Provisional results European elections
http://www.elections2004.eu.int/ep-election/sites/en/results1306/graphic
al.html

(Thanks to Andreas Dietl, EDRI EU affairs director)


============================================================
3. EU Parliament renews decision to take Commission to court
============================================================

The Legal Affairs Committee of the European Parliament (JURI) decided
today to take the European Commission as well as the Council to court
over
the final agreement to transfer PNR data to the US without adequate
guarantees for data protection.

The committee, which met today (16 June 2004) for an extraordinary
meeting
during the Parliament's present recession, voted to call upon the
Luxembourg Court to defer the Commission's so-called adequacy finding.
This finding claims that the data will find the same level of protection
in the U.S. as in the EU. The committee also voted to take the
international agreement to court that was signed by the EU Council with
the U.S. Department of Homeland Security on 28 May 2004 (see EDRi-gram
2.11). Today's vote was taken with a two-thirds majority concerning the
adequacy finding and 19 to 14 votes concerning the international
agreement. This is an even clearer majority than in former votes on the
same issue.

The JURI committee's decision must still be confirmed by the EU
Parliament's Group leaders in a meeting this evening, but it is widely
considered that this confirmation is only a formality after no less than
six votes in the Parliament to stop the ongoing transfer.

There are however also indications that the Parliament's outgoing
President, Pat Cox, has been trying to turn over the wide consensus
against the transfer within the EU Parliament. Before the vote in the
Committee, a member of the Parliament's judicial service, which is
attached to the President's office and obliged to be politically
neutral,
tried to convince MEPs in a 25-minute speech that there was no legal
basis
for taking the other two EU institutions to court. Mr. Cox is one of the
possible candidates for the presidency of the EU Commission and could
thus
become subject to an EU Court of Justice case himself. Outgoing Italian
Radical MEP Marco Cappato criticised the Judicial Services' intervention
as based 'more on political than on legal grounds' and therefore 'an
abuse'.

EU-US air data row hots up (16.06.2004)
http://www.eupolitix.com/EN/News/200406/8f1cbb0f-bc0c-4583-b514-4b029ed1
f942.htm

PNR data deal signed by European Commission (02.06.2004)
http://www.edri.org/cgi-bin/index?id=000100000151

(Contribution by Andreas Dietl, EDRI EU affairs director)


============================================================
4. Berlin declaration on music flatrate
============================================================

During the Wizards of OS conference in Berlin, from 10 to 12 June 2004,
legal scientists and civil rights defenders jointly launched a
declaration
on collectively managed online rights. The declaration is a response to
the call for comments on the Communication from the European Commission
on
the management of copyright and related rights in the internal market -
COM(2004) 261. See also EDRI-gram 2.8, 21 April 2004.

The declaration states that DRM and mass-prosecution of file-sharers are
not acceptable to an open and equitable society and calls on the
Commission to consider a music flatrate to ensure compensation without
control.

"File-sharing teaches us a lesson that markets and lawmakers should
listen
to. It says that shipping bits from A to B has become such a low value
service that Internet users effortlessly can provide it themselves. This
is a result of the communications revolution that the EU has been
supporting actively for the last decade. These developments could be
good
news to the content industries, but not if they are continue to base
their
business models on a proposition of exclusive service provisions that
they
no longer hold."

In stead the Berlin declaration recommends the development of an
alternative compensation system (ACS), or, as it has also been called in
application to the music market, a music flatrate. "Rather than relying
on
'pay-per-use' fees collected directly by commercial producers from end
users based on pervasive use of DRM technologies, we recommend extending
to the Internet the practice of indirect compensation through collecting
societies."

Berlin Declaration on Collectively Managed Online Rights: Compensation
without Control (12.06.2004)
http://wizards-of-os.org/index.php?id=1431

European Commission: more rules for collecting societies (21.04.2004)
http://www.edri.org/cgi-bin/index?id=000100000148


============================================================
5. Notice and take down procedure validated in French law
============================================================

On 13 June 2004 the French Constitutional Council published a decision
on
the Digital economy law (Loi pour la confiance dans l'economie numerique
or LEN). Among the 3 provisions challenged by the parliamentary
opposition, only one has been found unconstitutional and one was
slightly
modified. None of the 7 further provisions challenged by EDRI-member
IRIS
and the French Human Rights League (LDH), has even been examined, while
some of them are indeed limiting the constitutional freedom of
communication, to the benefit of private interests (see EDRI-gram Number
2.11, 2 June 2004).

The provision found unconstitutional, which has thus been suppressed
from
the text of the law, is the one introducing different time bars for
online
and off-line content when exercising the right of reply or filing
judicial
complaints against offences identified in the press law (see EDRI-gram
Number 2.9, 5 May 2004). After the Council decision, the time bar is now
the same in both cases.

The Council also objected against the interpretation of a provision
dealing with the liability of hosting providers. The Council has
restricted the interpretation of this provision to cases where the
content
is manifestly illegal. Under French jurisprudence, 'manifestly illegal'
only applies to content of the type pedophile imagery and holocaust and
war crimes denial. While this restriction is welcome, the Council
decision
has however validated the introduction of a notice and take down
procedure
in the French legislation, legitimising thus a system of 'privatised
justice' which has constantly been denounced by IRIS and LDH, as well as
many other French groups, since the beginning of the law discussion
process.

In a common press release published on 15 June 2004, IRIS and LDH
denounce
the support from the Constitutional council to the current French
right-wing government, by legitimising once more another serious step
back
in the rule of law, after, inter alia, the Internal Safety Law and the
'Perben II Law'.

Both organisations also take due note of the fact that the day before
the
decision became public, the French ISP association signed a voluntary
code
of conduct, under the aegis of French government. The providers agree to
open a point of contact where users can report racist and
child-pornographic content. When notified of illegal information, the
providers will "act expeditiously to remove or to disable access to this
information, according to legislation in force." It remains unclear how
and by whom it will be decided if reported content is illegal.

IRIS and LDH call all human rights and civil liberties organisations to
exercise their role of watchdog, while at the same time maintaining
pressure on the current opposition to have the LEN re-examined as soon
as
political changeover occurs in France.

French Constitutional council dossier on the LEN
http://www.conseil-constitutionnel.fr/decision/2004/2004496/index.htm

IRIS and LDH joint press release (15.06.2004)
http://www.iris.sgdg.org/info-debat/comm-decisionCC0604.html

French E-commerce law tested in constitutional court (02.06.2004)
http://www.edri.org/?id=000100000151

Final French vote about digital economy law (05.05.2004)
http://www.edri.org/?id=000100000149

Code of conduct French ISP association (14.06.2004)
http://www.afa-france.com/actions/charte_internet.htm

(Contribution by Meryem Marzouki, IRIS)


============================================================
6. Bulgarian complaint against Microsoft
============================================================

Bulgarian members of Parliament and Internet Society Bulgaria have filed
a
case with the Bulgarian Competition Protection Commission against both
Microsoft Bulgaria and Microsoft USA.

The members of the Bulgarian Parliament Ivan Ivanov and Stoicho Katsarov
and the Internet Society Bulgaria signed a letter to the Competition
Protection Commission with four points questioning Microsoft practices
and
business behaviour.

The complaint concerns the development of the Bulgarian government
e-gateway, which requires the users to have Windows and Internet
Explorer
if they want to use the electronic services, provided by the government.
This is against rulings of art. 34 (2) of the Bulgarian law for
protection
of competition. Other articles concerned are art. 2 (1), points 2 and 3,
and art. 18, point 2.

The complaint also points out that vulnerabilities in the Microsoft
Windows OS are not known to the users, but only to the producers of the
closed code software, which is against the provisions in art. 32 (1) of
the law.

The Competition Protection Commission is asked to review the bundling of
Internet Explorer and Windows Mediaplayer with Windows. This is in
violation of art. 34 (5) of the Bulgarian law.

The two members of the Bulgarian Parliament from Democrats for Strong
Bulgaria (DSB) are also co-authors of the draft law for using free and
open source software in the administration, which is to be reviewed by
the
Parliamentary committee on Transport and Telecommunications on 17 June
2004.

ISOC Bulgaria
http://www.isoc.bg/

Bulgarian e-government gateway
http://egateway.government.bg/

(Thanks to Veni Markovski, ISOC Bulgaria)


============================================================
7. Free Bitflows conference Vienna
============================================================

One of the highlights of the Free Bitflows conference in Vienna, Austria
on 3 and 4 June 2004 was a lecture by Brewster Kahle about the Internet
Archive. This digital archive aims at no less than offering universal
access to all human knowledge, by collecting digital copies of all old
and
new public domain books, music, films, software and web-sites. A copy is
in San Francisco (US) and a partial copy is in Alexandria (Egypt).

Around 300 BC the classic library of Alexandria contained about 75
percent
of all documents that were ever made. Today, the internet archive wishes
to secure and disclose a similar percentage of all creative works ever
made, but with improved protection against destruction. The final goal
of
the archive is to have a full copy in 5 or 6 countries and
jurisdictions,
to be able to survive any war or censorship.

Kahle gave a light-hearted overview of the incredible numbers and
amounts
that are involved with the plan. Based on the collection of 26 million
volumes in the US Library of Congress, he estimated the total amount of
books ever made to be around 100 million. To digitise all these volumes,
he started the '1 million books project', shipping books to India and
China for scanning. The first 100.000 books are currently being
digitised
for aprox. 10 US dollars per book. Each book is about 1 megabyte when
presented in for example MS Word, so the entire collection of the
Library
of Congress could be stored on 26 Terabytes. Kahle has developed a very
smart and extremely low cost storing system, that can store this amount
of
data for only 60.000 US dollars.

Kahle participated in an interesting panel discussion with Paula le Dieu
from the BBC and Istvan Rev from the Open Society Institute in Budapest.
Le Dieu explained why the BBC was convinced to open up parts of their
archive under creative commons license. In September 2004, the BBC will
start to offer natural history items on their website. The license
allows
people in the UK to use the material for non-commercial use, if they
share
the same public license. In a brave step, the BCC decided not to use
DRM-tactics (technological measures to prevent for example copying), but
rely on the license that only allows UK citizens to use the materials.
Istvan Rev talked about the early Budapest open access initiative
launched
in September 2001, that stored propaganda materials broadcasted from the
West to Eastern Europe. Currently the Open Society Archives have
developed
into a valuable human rights archive, that store for example all
fingerprints derived from mass grave exhumations in Bosnia.

Internet archive
http://www.archive.org/

Open Society Archives Hungary
http://www.osa.ceu.hu/

Free Bitflows conference (03-04.06.2004)
http://freebitflows.t0.or.at/f/conference


============================================================
8. Deadline public comments on ICANN whois policy
============================================================

Under rules established by ICANN, any entity that registers a domain
name
has to provide contact information that can be queried through the WHOIS
service - by any data user and for any legitimate purpose. Data users
remain anonymous, and there is no enforcement of the few limitations
imposed on using the data.

This policy is currently up for review. Three separate task forces are
dealing with access modes to WHOIS data, with a review of data elements,
and with data accuracy enforcement. Preliminary reports from these Task
Forces are open for public comment, until 5 July 2004.

On access and data elements, representatives from ICANN's Non-Commercial
Users Constituency (NCUC, representing non-commercial domain name
holders)
and At-Large Advisory Committee (ALAC, advocating the interests of
individual Internet users) have worked to replace unaccountable and
anonymous access to sensitive data by a model that is designed to
balance
data users' and data subjects' interests. Core design goals here are to
enable accountability of data users, and to make sure that WHOIS does
not
become a tool exclusively available to intellectual property-holders and
other corporate interests.

Under the proposed model, a limited set of technically relevant,
non-sensitive data would continue to be available to anonymous data
users
for any purpose. Access to sensitive data (such as individual
registrants'
home addresses and phone numbers) would only be granted to known users -
identified, for example, by a public key certificate -, for known
purposes. Identities and purposes of data users would be made available
to
registrants. Each time a data user accesses a domain name holder's
sensitive data, the domain name holder would receive a note about that.

The notification component of this model, in particular, is meeting
opposition from those groups that represent WHOIS data users' interests
within ICANN.

On accuracy, data user representatives have produced a draft set of
'best
practices'. Domain name retailers (registrars), NCUC, and ALAC have
rejected this preliminary report, on the basis that many of the
recommendations contained there are either unclear, or would be harmful
to
domain name registrants. Under the proposed practices, extended
vacations
or slow postal service could be enough to lose a domain name
registrations.

Registrars have submitted an alternative proposal which would, in the
view
of ALAC and NCUC, provide a much better basis for a constructive way
forward.

Public Voice special file 'commenting made easy'
http://www.thepublicvoice.org/take_action/default.html

ICANN whois issues page:
http://gnso.icann.org/issues/whois-privacy/index.shtml

Non-Commercial Users' Constituency
http://www.ncdnhc.org/

At-Large Advisory Committee
http://alac.icann.org/

(Contribution by Thomas Roessler, FITUG, Germany)


============================================================
9. Russian council rejects copyright-extension to 70 years
============================================================

According to a short notice on the website of Radio Free Europe/Radio
Liberty the Russian Federation Council rejected a proposal to extend the
copyright term on 26 May 2004. The bill, which passed the Duma on 18
May,
would extend the period that authors have the rights to their works to
70
years after their death. Currently the term is life plus 50 years.

The Chairman of the Science and Culture Committee, Viktor Shudegov (from
the Unified Russia party) said that increasing the norm would lead to
numerous legal battles to restore the rights of authors whose rights
expired before the law came into effect. In addition, the bill
contradicts
certain provisions of the Code on Administrative Offences.

The refusal is remarkable, since Russia is working hard to become member
of the World Trade Organisation before the end of 2004. During the
recent
G-8 meeting of industrialised countries, the US once more said it
supported the entry of Russia, if it were willing to sign more
agreements
on the protection of intellectual property rights.

Upper chamber withholds rubber stamp (27.05.2004)
http://www.rferl.org/newsline/2004/05/270504.asp

Russia comes to G8 summit with WTO membership in mind (09.06.2004)
http://www.eubusiness.com/afp/040607013458.xqclhz5f


============================================================
10. Open source software for e-government in Bulgaria
============================================================

The United Nations Development Programme (UNDP) and the Internet Society
of Bulgaria (ISOC-Bulgaria) have launched a project to stimulate the use
of free/open source software for e-government projects.

The project aims to help municipal governments in South-eastern Europe
to
use free/open source software applications to enhance government
transparency and people's access to municipal services. Initially
launched
in Bulgaria, the project will soon expand to include Bosnia and
Herzegovina, Croatia, Macedonia, Romania, Serbia and Montenegro.

Under this project, which will last 18 months in its first phase,
several
Balkan cities will benefit from the creation of e-municipalities. The
city
of Kurdjali, which serves as a pilot, requested the support of UNDP and
ISOC-Bulgaria to help enhance citizens' access to services and
information
resources and reduce the cost of the access tools that are required to
be
part of the global networked economy.

Until now, the Bulgarian government has used free/open source software
for
servers - for large mail and database programs - but not for desktop
applications. The project will now change this. Using openly published
source codes, the project will bring new opportunities to complement the
use of commercial desktop applications. Since open source solutions are
available for free or at little cost, local governments will be able to
minimise the cost of buying and maintaining software.

Open Source Software project in Bulgaria (07.06.2004)
http://www.undp.bg/en/documents/press_releases/2004/june_7_2004.pdf

(Thanks to Veni Markovski, ISOC Bulgaria)


============================================================
11. Agenda
============================================================

30 June-2 July 2004, Paris, France
'An information society or a controlled society?'
http://www.creis.sgdg.org/manifs/IS04programme.htm

28 July 2004, London, UK
7th annual Big Brother Awards ceremony organised by Privacy
International
http://www.bigbrotherawards.org/

10-11 September 2004, Amsterdam, the Netherlands
'Guaranteeing Media Freedom on the Internet'
Two day conference organised by the OSCE Representative on Freedom of
the
Media in the Amsterdam city hall.
http://www.osce.org/events/

14-16 September 2004, Wroclaw, Poland
The 26th International Conference on privacy and personal data
protection:
'the Right to Privacy - the Right to Dignity'. This annual gathering of
the world's data protection commissioners will be preceded on 13 June by
a
publicly accessible conference organised by EPIC, Privacy International
and EDRI.
http://www.giodo.gov.pl/168/id_art/175/j/en/

15-17 September 2004, Strasbourg, France
The Council of Europe is planning a major international conference on
"The
Challenge of Cybercrime", which will bring together senior politicians,
computer industry leaders and experts from around the world. No online
information yet.

30 September-3 October 2004, Berlin, Germany
New EDRI-member FIfF is organising its 20th annual meeting on critical
computer science
in the Humboldt university.
http://www.fiff.de/aktuelles/


============================================================
12. About
============================================================

EDRI-gram is a bi-weekly newsletter about digital rights in Europe.
Currently EDRI has 16 members from 11 European countries. EDRI takes an
active interest in developments in the EU accession countries and wants
to
share knowledge and awareness through the EDRI-grams. All contributions,
suggestions for content or agenda-tips are most welcome.

Except where otherwise noted, this newsletter is licensed under the
Creative Commons Attribution 2.0 License. See the full text at
http://creativecommons.org/licenses/by/2.0/

Newsletter editor: Sjoera Nas <[log in to unmask]>

Information about EDRI and its members:
http://www.edri.org/

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- EDRI-gram in Russian, Ukrainian and Italian

EDRI-gram is also available in Russian, Ukrainian and Italian, a few
days
after the English edition. The contents are the same.

Translations are provided by Sergei Smirnov, Human Rights Network,
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The EDRI-gram in Russian can be read on-line via
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============================================================
Publication of this newsletter is made possible by a grant from
the Open Society Institute (OSI).
============================================================



End of EDRi-news Digest, Vol 15, Issue 2
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