Category Archives: NSA

End the NSA dragnet now

Senators Ron Wyden, Mark Udall, and Martin Heinrich write: The framers of the Constitution declared that government officials had no power to seize the records of individual Americans without evidence of wrongdoing, and they embedded this principle in the Fourth Amendment. The bulk collection of Americans’ telephone records — so-called metadata — by the National Security Agency is, in our view, a clear case of a general warrant that violates the spirit of the framers’ intentions. This intrusive program was authorized under a secret legal process by the Foreign Intelligence Surveillance Court, so for years American citizens did not have the knowledge needed to challenge the infringement of their privacy rights.

Our first priority is to keep Americans safe from the threat of terrorism. If government agencies identify a suspected terrorist, they should absolutely go to the relevant phone companies to get that person’s phone records. But this can be done without collecting the records of millions of law-abiding Americans. We recall Benjamin Franklin’s famous admonition that those who would give up essential liberty in the pursuit of temporary safety will lose both and deserve neither.

The usefulness of the bulk collection program has been greatly exaggerated. We have yet to see any proof that it provides real, unique value in protecting national security. In spite of our repeated requests, the N.S.A. has not provided evidence of any instance when the agency used this program to review phone records that could not have been obtained using a regular court order or emergency authorization.

Despite this, the surveillance reform bill recently ratified by the Senate Intelligence Committee would explicitly permit the government to engage in dragnet collection as long as there were rules about when officials could look at these phone records. It would also give intelligence agencies wide latitude to conduct warrantless searches for Americans’ phone calls and emails.

This is not the true reform that poll after poll has shown the American people want. It is preserving business as usual. [Continue reading…]

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Google mulled ditching U.S. after NSA scandal

CNBC reports: Google, the giant of the Internet, thought about moving its servers out of the U.S. after the NSA debacle, said Eric Schmidt, the company’s chairman, on Friday at the Paley International Council Summit in New York.

“Actually, we thought about that and there are many, many reasons why it’s impossible for Google to leave the United States, although it’s attractive,” Schmidt said.

“But the reason it’s an interesting idea is because American firms are subject to these rules, the [Foreign Intelligence Surveillance Act] rules, Patriot Act and so forth, and this government surveillance is really a problem.”

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NSA report outlined goals for more power

James Risen and Laura Poitras report: Officials at the National Security Agency, intent on maintaining its dominance in intelligence collection, pledged last year to push to expand its surveillance powers, according to a top-secret strategy document.

In a February 2012 paper laying out the four-year strategy for the N.S.A.’s signals intelligence operations, which include the agency’s eavesdropping and communications data collection around the world, agency officials set an objective to “aggressively pursue legal authorities and a policy framework mapped more fully to the information age.”

Written as an agency mission statement with broad goals, the five-page document said that existing American laws were not adequate to meet the needs of the N.S.A. to conduct broad surveillance in what it cited as “the golden age of Sigint,” or signals intelligence. “The interpretation and guidelines for applying our authorities, and in some cases the authorities themselves, have not kept pace with the complexity of the technology and target environments, or the operational expectations levied on N.S.A.’s mission,” the document concluded.

Using sweeping language, the paper also outlined some of the agency’s other ambitions. They included defeating the cybersecurity practices of adversaries in order to acquire the data the agency needs from “anyone, anytime, anywhere.” The agency also said it would try to decrypt or bypass codes that keep communications secret by influencing “the global commercial encryption market through commercial relationships,” human spies and intelligence partners in other countries. It also talked of the need to “revolutionize” analysis of its vast collections of data to “radically increase operational impact.”

The strategy document, provided by the former N.S.A. contractor Edward J. Snowden, was written at a time when the agency was at the peak of its powers and the scope of its surveillance operations was still secret. Since then, Mr. Snowden’s revelations have changed the political landscape. [Continue reading…]

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Surveillance goes on trial

An editorial in the New York Times says: There was a lot that was ordinary about the hearing in Courtroom 20B of the Manhattan federal courthouse on Friday morning: a team of lawyers at the plaintiff’s table, spectators in the gallery. What was extraordinary was the defendant, the United States government, and the lawsuit it is facing over the National Security Agency’s seven-year-old, once top-secret phone-surveillance program, which until this week it never had to defend in open court.

Until Edward Snowden, a disaffected N.S.A. contractor, came along and documented the stunning scope of the phone program — which vacuums up information about every call made in the United States every day for the purpose of identifying possible terror suspects — intelligence and law-enforcement officials were accustomed to operating in the friendlier confines of the Foreign Intelligence Surveillance Court.

That is not a court by any standard definition. A rotating slate of federal judges considers secret warrant applications from the government and issues secret opinions, without hearing any opposing argument. In 2012, the court approved 1,855 of 1,856 requests that came before it.

The environment on Friday was very different, as lawyers for the A.C.L.U. vigorously contested the legality of the phone-data sweep, and Federal District Judge William Pauley III expressed a proper skepticism of the government’s claim that the program raised no constitutional concerns. When a government lawyer argued that Congress twice reauthorized the Patriot Act section under which the phone program has been approved, Judge Pauley reminded him that several members of Congress have said publicly they were not made aware of what was in the program. Others have said they believe it is being abused.

The A.C.L.U., which filed its suit days after the revelation of the phone-data sweep, called the program a “vast dragnet” that violates both federal law and the Constitution. The fact that the government must show a higher level of suspicion before it can examine a specific call’s data is irrelevant, the group’s lawyers said. The collection of so much data on millions of innocent Americans is itself an unconstitutional search, they argued, and under the government’s theory, the power to collect even more is “absolutely without limit.”

In the wake of the Snowden disclosures and the ensuing public debate, the agency and the intelligence court have declassified some rulings and other documents in an attempt to justify the various surveillance programs. But far from providing comfort, the releases have only highlighted the dubious grounds on which the programs have been approved, and how often and how systematically the N.S.A. violates the court’s orders.

However Judge Pauley and the other federal judges facing similar litigation eventually rule, the most important reforms to the programs must come from Congress, which has the power to end or drastically curtail the bulk data collection and to strengthen oversight and transparency of an agency that needs much more of both.

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House intel bill adds $75 million to NSA budget to stop future Snowdens

Ars Technica reports: On Thursday, the House Intelligence Committee approved a spending bill to fund the National Security Agency and other intelligence organizations. Included in the bill is a provision that would set aside $75 million for the NSA to improve its internal security and mitigate insider threats to classified material. In other words, the bill seeks to prevent future Edward Snowdens.

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How the government can discover your health problems, political beliefs, and religious practices using just your metadata

Dahlia Lithwick and Steve Vladeck write: This week brought a new round of revelations about yet another National Security Agency surveillance program, this one created to hoover up details about how individual Americans use the Internet. The new disclosures were met by most observers with a fatalistic shrug. After all, we’ve quickly grown accustomed — or at least desensitized — to the fact that the government is looking at much of the information we voluntarily provide to others. And the material being collected in this case was only “metadata”: the details of when, where, and how we used the Internet — not what we actually read or wrote.

Should NSA sweeps of our “to” and “from” lines be fair game? How much can the government really learn about us without knowing what we’re saying in the text?

The legality of the “telephony metadata” program — the initiative revealed by Glenn Greenwald in the Guardian in June that showed the government collecting telephone records of Americans on a mass scale — will be considered by a federal district judge in Manhattan on Friday. According to the now disclosed orders of the secret Foreign Intelligence Surveillance Court, such “metadata” includes “the originating and terminating telephone number and the time and duration of any call.” It also includes information about the location of both parties to the call and the international mobile subscriber identity (IMSI) and international mobile station equipment identity (IMEI) numbers, which allow Uncle Sam to “identify the user or device that is making or receiving a call.” But because it doesn’t include the content of the phone calls, the story goes, there’s no invasion of our privacy. Nothing, therefore, to worry about?

As Professor Edward Felten, director of the Center for Information Technology Policy at Princeton University, explains in a declaration filed in that phone records case, our metadata in fact tells the government a lot more about us than we might realize, especially when different types of metadata are aggregated together. Consider calls to single-purpose hotlines: NSA collection of our metadata means the government knows when we’ve called a rape hotline, a domestic violence hotline, an addiction hotline, or a support line for gay teens. Hotlines for whistleblowers in every agency are fair game, as are police hotlines for “anonymous” reports of crimes. Charities that make it possible to text a donation to a particular cause (say, Planned Parenthood) or political candidate or super PAC could reveal an enormous amount about our political activities. And calling patterns can reveal our religious beliefs (no calls on Sabbath? Heaps of calls on Christmas?) or new medical conditions. If, for instance, the government knows that, within an hour, we called an HIV testing service, then our doctor, and then our health insurance company, they may not “know” what was discussed, but anyone with common sense — even a government official — could probably figure it out. [Continue reading…]

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Meet the spies doing the NSA’s dirty work

Shane Harris writes: With every fresh leak, the world learns more about the U.S. National Security Agency’s massive and controversial surveillance apparatus. Lost in the commotion has been the story of the NSA’s indispensable partner in its global spying operations: an obscure, clandestine unit of the Federal Bureau of Investigation that, even for a surveillance agency, keeps a low profile.

When the media and members of Congress say the NSA spies on Americans, what they really mean is that the FBI helps the NSA do it, providing a technical and legal infrastructure that permits the NSA, which by law collects foreign intelligence, to operate on U.S. soil. It’s the FBI, a domestic U.S. law enforcement agency, that collects digital information from at least nine American technology companies as part of the NSA’s Prism system. It was the FBI that petitioned the Foreign Intelligence Surveillance Court to order Verizon Business Network Services, one of the United States’ biggest telecom carriers for corporations, to hand over the call records of millions of its customers to the NSA.

But the FBI is no mere errand boy for the United States’ biggest intelligence agency. It carries out its own signals intelligence operations and is trying to collect huge amounts of email and Internet data from U.S. companies — an operation that the NSA once conducted, was reprimanded for, and says it abandoned.

The heart of the FBI’s signals intelligence activities is an obscure organization called the Data Intercept Technology Unit, or DITU (pronounced DEE-too). The handful of news articles that mentioned it prior to revelations of NSA surveillance this summer did so mostly in passing. It has barely been discussed in congressional testimony. An NSA PowerPoint presentation given to journalists by former NSA contractor Edward Snowden hints at DITU’s pivotal role in the NSA’s Prism system — it appears as a nondescript box on a flowchart showing how the NSA “task[s]” information to be collected, which is then gathered and delivered by the DITU. [Continue reading…]

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The quest to build an NSA-proof European cloud

The Atlantic reports: If Germany’s special parliamentary session on U.S. surveillance this week was any indication, European politicians are still worked up about former NSA contractor Edward Snowden’s leaks. Chancellor Angela Merkel declared that the revelations had “tested” U.S.-German relations. Green Party politician Hans-Christian Strobele urged the German leader to thank Snowden and offer him asylum for discovering that her cell phone “was probably bugged.” Merkel even got called a “scaredy-cat” for not standing up to Washington.

The criticism comes as politicians in the region — from Estonia to Germany — are calling for the European Union to create a cloud-computing infrastructure of its own to compete with American providers like Amazon, Google, and Verizon.

The idea is that if the EU has its own cloud — and what form it would take, who would build it, and where it would be based remain unclear — then member states could compel providers to abide by the EU’s (comparatively) stricter data-protection rules. It’s part of a backlash against the long arm of the U.S. intelligence community that has echoes everywhere from Brazil to the United Nations. [Continue reading…]

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Investors tell AT&T and Verizon to explain their roles in U.S. surveillance

The New York Times reports: Shareholders are putting AT&T and Verizon Wireless on notice: Tell the public more about the companies’ role in government surveillance efforts or risk a ding to the bottom line.

Two separate but similar shareholder resolutions, from New York State’s comptroller and a large investment firm, say that the two dominant wireless carriers hurt customers’ trust by not disclosing more about the data they share with governments. The resolutions are the latest sign that the flurry of revelations about American spying efforts is putting business pressure on the companies lassoed into providing customer data to the government.

“If a customer is concerned about their privacy perhaps being compromised, they could switch to another service,” said Thomas P. DiNapoli, New York’s comptroller, the trustee of the $160.7 billion New York State Common Retirement Fund. He filed a resolution with AT&T this month demanding that the carrier publish reports on the information it collects and shares.

AT&T and Verizon Wireless, which juggle enormous amounts of phone calls and Internet data over their networks, have been quiet about the types of information they share about their customers. Internet giants like Yahoo and Google, meanwhile, have published so-called transparency reports detailing the types of information they share with government agencies.

Some tech companies, including Microsoft and Apple, have also been outspoken about their desire to release more information on government requests, including how many orders they receive to disclose the contents of email and other communications.

The comptroller and Trillium Asset Management, an independent investment adviser with over $1.3 billion in assets under management, are pushing for similar disclosure from AT&T and Verizon. They say their investments in AT&T and Verizon are at stake because a lack of trust could make customers look for other service providers. [Continue reading…]

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Poll: Most Americans say Snowden leaks harmed national security

The Washington Post reports: Americans increasingly believe that former federal contractor Edward Snowden’s exposure of U.S. surveillance programs damaged national security, even as the programs have sparked widespread privacy concerns, a new Washington Post-ABC News poll has found.

Six in 10 Americans — 60 percent — say Snowden’s actions harmed U.S. security, increasing 11 percentage points from July after a cascade of news reports based on his disclosures detailed the National Security Agency’s expansive web of telephone and Internet surveillance efforts. Clear majorities of Democrats, Republicans and independents believe disclosures have harmed national security.

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U.S. and U.K. struck secret deal to allow NSA to ‘unmask’ Britons’ personal data

The Guardian reports: The phone, internet and email records of UK citizens not suspected of any wrongdoing have been analysed and stored by America’s National Security Agency under a secret deal that was approved by British intelligence officials, according to documents from the whistleblower Edward Snowden.

In the first explicit confirmation that UK citizens have been caught up in US mass surveillance programs, an NSA memo describes how in 2007 an agreement was reached that allowed the agency to “unmask” and hold on to personal data about Britons that had previously been off limits.

The memo, published in a joint investigation by the Guardian and Britain’s Channel 4 News, says the material is being put in databases where it can be made available to other members of the US intelligence and military community.

Britain and the US are the main two partners in the ‘Five-Eyes’ intelligence-sharing alliance, which also includes Australia, New Zealand and Canada. Until now, it had been generally understood that the citizens of each country were protected from surveillance by any of the others. [Continue reading…]

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The NSA overreach poses a serious threat to our economy

Rep. Jim Sensenbrenner writes: Technology companies revolutionized the global economy by creating an interconnected, high-speed international marketplace.

Internet and telecommunication companies empower businesses to conduct complex transactions and connect with customers, clients and governments across the globe, placing a premium on privacy, accountability and transparency. These principles are the currency of their success, because as private citizens, we entrust these companies with very personal information.

The overreach by the National Security Agency (NSA) does more than infringe on American civil liberties. It poses a serious threat to our economic vitality. Reports from the business community are clear: indiscriminate collection of data by the NSA damages American companies’ growth, credibility, competitive advantage and bottom line.

US companies seeking to expand to lucrative markets in Europe and Asia will find regulatory environments much less receptive to mergers and acquisitions because of NSA programs. German regulatory officials have made it clear, for instance, that AT&T, a massive American telecommunications company that provided customer telephone numbers to the NSA as ordered by the Foreign Intelligence Surveillance Court (known as the Fisa court), would undergo intense scrutiny to ensure it complies with German privacy laws before it can acquire a German telecommunications company. This mandate would certainly impede efforts to expand its presence in the region. [Continue reading…]

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Private firms selling mass surveillance systems around world, documents show

The Guardian reports: Private firms are selling spying tools and mass surveillance technologies to developing countries with promises that “off the shelf” equipment will allow them to snoop on millions of emails, text messages and phone calls, according to a cache of documents published on Monday.

The papers show how firms, including dozens from Britain, tout the capabilities at private trade fairs aimed at offering nations in Africa, Asia and the Middle East the kind of powerful capabilities that are usually associated with government agencies such as GCHQ and its US counterpart, the National Security Agency.

The market has raised concerns among human rights groups and ministers, who are poised to announce new rules about the sale of such equipment from Britain.

“The government agrees that further regulation is necessary,” a spokesman for the Department for Business, Innovation and Skills said. “These products have legitimate uses … but we recognise that they may also be used to conduct espionage.”

The documents are included in an online database compiled by the research watchdog Privacy International, which has spent four years gathering 1,203 brochures and sales pitches used at conventions in Dubai, Prague, Brasilia, Washington, Kuala Lumpur, Paris and London. Analysts posed as potential buyers to gain access to the private fairs.

The database, called the Surveillance Industry Index, shows how firms from the UK, Israel, Germany, France and the US offer governments a range of systems that allow them to secretly hack into internet cables carrying email and phone traffic. [Continue reading…]

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FISA judge: ‘NSA exceeded the scope of authorized acquisition continuously’

Ars Technica reports: Yet another Foreign Intelligence Surveillance Court (FISC) judge has blasted United States government and intelligence officials for disregarding the court’s guidelines for domestic surveillance of American e-mail metadata traffic, a program that ran for around a decade before ending in 2011.

“As noted above, [National Security Agency’s] record of compliance with these rules has been poor,” wrote Judge John D. Bates, in a 117-page opinion (PDF) whose date was redacted. The opinion is just one of a series of documents released and declassified late Monday evening by the Office of the Director of National Intelligence (ODNI).

“Most notably, NSA generally disregarded the special rules for disseminating United States person information outside of NSA until it was ordered to report such disseminations and certify to the FISC that the required approval had been approved. The government has provided no meaningful explanation why these violations occurred, but it seems likely that widespread ignorance of the rules was a contributing factor.” [Continue reading…]

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Supreme Court rejects case challenging NSA phone spying

Wired reports: The Supreme Court today rejected a challenge to the National Security Agency’s once-secret telephone metadata spying program.

The justices, without comment, declined to entertain a challenge from the Electronic Privacy Information Center seeking to halt the program that was disclosed in June by NSA leaker Edward Snowden.

The court’s inaction means that the there isn’t likely to be any court resolution to constitutional challenges to the metadata program for years. Legislation, however, is pending to gut the program.

What’s more, several cases challenging the snooping are pending in federal courts across the country. EPIC’s petition was unusual in that it went directly to the Supreme Court without first being litigated in the lower courts.

The Washington, D.C. based non-profit privacy group went straight to the justices after Snowden’s leak because of the gravity of the phone spying, which includes telephone companies having to provide the NSA the phone numbers of both parties involved in all calls, the International Mobile Subscriber Identity (IMSI) number for mobile callers, calling card numbers used in the call, and the time and duration of the calls. [Continue reading…]

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In Germany, legacy of Stasi puts different perspective on NSA spying

The Washington Post reports: The secret police, or Stasi, roped in an estimated 190,000 part-time, secret informants and employed an additional 90,000 officers full time – in total, more than one in every 50 adult East Germans as of 1990. East Germans who dared to criticize their government — even to a spouse, a best friend or a pastor — could wind up disappearing into its penal system for years.

In east Berlin sits the former Hohenschoenhausen prison, which was reserved for East Germany’s most politically sensitive cases.

Hubertus Knabe — a West German who smuggled banned books into the East, and later discovered that he had been betrayed by a priest who had encouraged him to do so — now has a plate-glass view of the most perilous destination for victims of Stasi surveillance. He is the director of the prison museum, which is hidden away in a Berlin neighborhood whose rows of imposing apartment blocks still house many former Stasi officers.

Knabe said the consequences of the Stasi’s excesses were far more devastating than anything ever associated with the NSA. “They forget what it’s like to live in a dictatorship versus a democracy,” he said of people who say that the NSA has behaved like the Stasi.

Former inmates now lead tours of the dank, tiny cells in which they were incarcerated, and they say they sometimes run into their old tormenters on the street or at the grocery store.

Many Germans — from both sides of the German border, since East German spying reached deep into its sibling country — have thick Stasi files that they can now request to see. More painfully, they can also learn which of their friends or associates did the collecting of information in those files.

Thousands of people who were collaborators have been chased from public life. Even now, new accusations of Stasi associations can dog politicians and celebrities around Germany.

“We hear that the Stasi was some kind of dilettante agency compared to the NSA,” since the NSA is probably collecting more data overall than the East Germans did, Knabe said. “But East Germans know that the Stasi was a lot worse.”

Knabe said the East German system created a level of fear that few of his fellow citizens truly have about the American spy efforts. Nevertheless, he said, there were other similarities. He has filed a criminal complaint about the NSA spying in a German court.

“The western system punished someone when they had committed a crime. The eastern system punished people when they were only thinking about committing a crime,” he said. If the NSA’s material starts being used not just for counterterrorism efforts but for other kinds of preemptive crime-fighting, he said, “that would be a completely different type of state.”

According to an ARD-Infratest dimap poll released Friday, just 35 percent of Germans find the U.S. government trustworthy, second only to Russia as a target of mistrust. [Continue reading…]

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Give Snowden asylum in Germany

Malte Spitz and Hans-Christian Ströbele write: Almost every day, new information is released about how American and British intelligence agencies have monitored governments, embassies and the communications of whole societies. These revelations have provided us with a deep and terrifying insight into the uncontrolled power of intelligence agencies.

They show that data collection is no longer about targeted acquisition of information to avert threats, and it’s certainly not about the dangers of “international Islamist terrorism.” After all, which terrorist is going to call or text Chancellor Angela Merkel?

All of our current knowledge about this surveillance is thanks to one man, Edward J. Snowden. Without him, Ms. Merkel would still be a target for monitoring, and surveillance of German diplomats, businessmen and ordinary citizens would be continuing, undetected.

Without Mr. Snowden, there wouldn’t have been months of discussions in the German Bundestag, the European Parliament and the American Congress about better protection of citizens’ private and commercial communications. Mr. Snowden is paying a high price for having opened the eyes of the world. He can no longer lead a normal life.

He acted in an emergency situation to stop and prevent terrible things. According to both German and American law, the government can grant immunity when criminal laws are violated in order to defend the paramount right to freedom. Publicly announcing a crime should not be a crime. The United States has long had laws to protect whistle-blowers from punishment — and we Germans aspire to have such laws.

According to recent surveys by ARD, a German TV station, 60 percent of Germans see Mr. Snowden as a hero and only 14 percent as a criminal. They know his courageous revelations were intended to protect freedom and the values that we share with America. [Continue reading…]

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Feinstein promotes bill to strengthen NSA’s hand on warrantless searches

The Guardian reports: A Senate bill promoted as a surveillance reform would codify the ability of the National Security Agency to search its troves of foreign phone and email communications for Americans’ information, and permit law enforcement agencies to search the vast databases as well.

The Fisa Improvements Act, promoted by Dianne Feinstein, the California Democrat who chairs the Senate intelligence committee, would both make permanent a loophole permitting the NSA to search for Americans’ identifying information without a warrant – and, civil libertarians fear, contains an ambiguity that might allow the FBI, the DEA and other law enforcement agencies to do the same thing.

“For the first time, the statute would explicitly allow the government to proactively search through the NSA data troves of information without a warrant,” said Michelle Richardson, the surveillance lobbyist for the ACLU.

“It may also expand current practices by allowing law enforcement to directly access US person information that was nominally collected for foreign intelligence purposes. This fourth amendment back door needs to be closed, not written into stone.” [Continue reading…]

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