The whistle-blowing WikiLeaks is an online organization situated in Sweden; this organization distributed records termed “the diplomatic cables” from U.S. foreign negotiators on November 28, 2010. Upon their distribution, lawmakers from all corners of the U.S. political space censured the organization (Steinmetz). Within a brief time period, WikiLeaks turned into the biggest and most famous whistle-blowing organization on the planet. Due partially to the release of huge amounts of secret information on the takeover of Afghanistan and Iraq, the reputation of its author, Julian Assange, and the trial and detainment of Chelsea Manning, WikiLeaks has become the subject of boundless consideration and debate (Christensen).
In April 2010, WikiLeaks distributed a feature titled “Collateral Murder” that demonstrated a circumstance where United States (U.S.) air forces murdered civilians and journalists during the Iraq war. The theme making the news concerning WikiLeaks in late July 2010 was that they had published more than 90,000 classified archives from American military sources with regards to the exclusive military operations that took place within Afghanistan (Fuchs).
WikiLeaks is a not-for-profit, self-depicted media organization devoted towards transparency in government dealings and uncovering human rights violations the world over. It functions as an online outlet for whistle-blowers to provide classified and top-secret reports (Leigh & Harding, 2011, in Steinmetz, 2012). Their central focus is permitting leakers to hand over documents while securing anonymity through different efforts to establish safety; for example, using TOR (the onion router) and PGP (pretty good privacy). When the records are received, WikiLeaks outsources them to volunteers who confirm the data and further obfuscate the character of the leaker (Huor & Lindquist, 2010 as referred to in Steinmetz, 2012). Initially, in 2006, WikiLeaks hoped the overall population would filter through the archives. In view of trouble, however, of producing intrigue and translating the reports they now depend on expert journalists to help with the spread of stories contained in the information leaks (Steinmetz).
Governing the behavior of individuals and entities participating in cyberspace
The privacy of the public is about fundamental liberty and rights of privacy grounded in worldwide human rights law. Cyberspace is a border-less open space in which natives, paying little respect to their citizenship, nationality, ethnic background, culture, political orientation, or sex interact and interface. Through new advances, Cyberspace offers a situation that is comprised of numerous members with the capacity to influence and impact every other individual (Mihr). These virtual universes have grabbed the creative abilities of a huge number of individuals who now live, work, and play together in these new environments (Fairfield). We impart some of our most private and individual information in this mysterious gathering of people. This giant public checks in today at around 2.5 billion web clients. On the off chance that cyberspace were a nation, it would be the biggest and most populated nation on the planet; however, it would be a nation with no government, administrative bodies, law requirement, insurance instrument, or tenets for cooperation, not to mention anything that verges on a ‘digital constitution’ for all web citizens (Mihr). Perhaps these online groups are governed only by contract law, through end-client permit contracts, terms of administration, and sets of accepted rules. Contracts are a basic method for helping two (or a group of) individuals arrange their inclinations. At any rate, online groups are comprised of colossal and moving populaces that have no time or capacity to arrange concurrences between each group member (Fairfield).
There are two primary components to the Cyber Security Social Contract. First and foremost is the acknowledgment that cyber security is not an absolutely specialized issue. Perhaps, digital security is an issue, and there are risks of enterprise-wide management that must be seen as much for the financial points-of-view concerning the specialized issues. The second key component is that, right now, government’s essential part should be to urge the venture needed to execute the norms, practices, and advancements that have, as of now, been demonstrated to be successful in enhancing digital security (Internet Security Alliance). Without a generally acknowledged ‘digital constitution’ in view of human rights, and the standard of law in light of viable measures and instruments to implement these principles, the web natives or nationals 2.0 of this world will experience issues impacting their ability to ensure and appreciate their human rights in cyberspace (Mihr).
The procedure of setting up regular and joint principles and gauges, by web clients for web clients, has not been legitimately put in cyberspace, yet. The vast majority of its instrument so far has been ill-suited. In any case, the regulating of legitimate and political systems that we find inside state outskirts could likewise be exchanged into cyberspace, on the grounds that it is characterized by general qualities and standards, for example, the worldwide human rights standards and principles. Eventually, what is lost in cyberspace is a quasi-government or administration that represents the necessities and demands of its residents through observation and authorization bodies (Mihr). Albeit global governmental organizations (IGOs, for example, the UN, the African Union, the Organization for American States or the European Union), have plans to establish worldwide principles for the utilization of cyberspace and web to be regarded and authorized by national governments; they, for the most part, neglect to take practical steps to do. This is on the grounds that cyberspace has no physical or national boundaries, and these universal organizations states’ forces and authorization components regularly end at state borders, on the grounds that their power to secure human rights is totally based upon state control. IGOs and global courts frequently constrain measures and intents to secure human rights, not to mention authorize them (Mihr). The methods and approaches to administer this new borderless domain are not yet characterized (except in fiction, such as that by William Gibson). In any case, in the level-headed discussion and push to structure a cyberspace governance administration, human rights standards and models, (for example, the human rights to protection, security, well-being, free declaration, development and venture) offer direction to the different number of distinctive on-screen characters that are included in the configuration of the cyberspace administration and how to potentially control it. They expect or hope that the cyberspace administering body will be one of various partners and performers including national, universal and in addition private on-screen characters, for example, delegates of organizations, informal communities, NGOs and individuals (Mihr).
Transparency: merits and demerits
Criminal, constitutional and authoritative laws managing government transparency, and the hypotheses that bolster them, are based on the supposition that the revelation of data has transformative impacts: exposure can illuminate, edify, and invigorate people in general, or it can make generate illegal activity and obstruct government operations (Fenster).
The revelation of government data should unquestionably have an effect. Horde laws and a huge global group of transparency advocates assume so. The revelation of government data should unquestionably have an effect. Distributed [leaked material] enhances transparency, and this transparency makes a superior society for all individuals by moving the parity of force out into the open between public and government to the ultimate benefits and knowledge of the former (Fenster; Davis and Miriam). This has started a level-headed discussion on the connection with regards to transparency and accountability. This story, in which data revelation prompts a more drawn out in the open, more popularity-based legislative issue, and a more proficient state, shapes a center precept of transparency to near perfection. Data changes, consequently, must be uncovered. A comparative story assumes the same part in concerns regarding the unapproved exposure of arranged data. The laws and regulations that administer grouping expect the state knows or possibly can unquestionably foresee exposure’s evil effects (Fenster).
Transparency and Political Responsibility/Accountability
Responsibility or accountability is a relationship between or among people or corporate performers in which one perceives the obligation to illuminate the others, to clarify and legitimize his or her activities, to be responsible for the results of these activities, and to acknowledge any prizes or disciplines the others may force thereof (Davis and Miriam). Political responsibility alludes to a measure of control over people or organizations that practice political power.
Daniel Ellsberg and the Pentagon Papers
Daniel Ellsberg, born 1931, following his Harvard graduation in 1952 with a B.A. summa cum laude in Economics, attended King’s College, Cambridge University, England, for a year on a Woodrow Wilson Fellowship. During the time period of 1954 and 1957, Ellsberg put in service with the U.S. Marine Corps, working as a rifle platoon leader, rifle organization commandant, and operations officer (http://www.ellsberg.net/bio). From 1959-64, he was a key examiner at the California-based RAND Corporation, and advisor to the Defense Department and the White House, providing expertise on the order and control of atomic weapons, atomic war arrangements, and emergency choice making. Ellsberg then also served the Defense Department in the year 1964, and was the Special Assistant to Assistant Secretary of Defense (International Security Affairs), John McNaughton, who was the colleague to President Lyndon Johnson’s Secretary of Defense, Robert McNamara (Ehrlich and Goldsmith). Ellsberg’s reports on Vietcong atrocities assisted McNamara to actualize plans for bombarding North Vietnam. Ellsberg came back to work for the RAND Corporation in 1967, where he chipped away at the top-secret McNamara investigation of U.S. decisions in Vietnam, 1945-68; a document that was later titled the Pentagon Papers.
Operation Rolling Thunder started in February, 1965 and the concentrated besieging battle proceeded for more than three years. Restless about the progression of war, Ellsberg needed to see the war directly. He hence transferred himself to the State Department in the year 1965 and ended up serving a couple of years at the U.S. International safe haven in Saigon, assessing conciliation on the borders. When he came back to the United States, he had transformed as an individual from seeing the harsh aspects in Vietnam (Ehrlich and Goldsmith).
By the end of 1969, he read different views on how the war was primarily an American war right from the beginning, and four consecutive Presidents who kept the war going while they knew it was un-winnable. He came to understand each was inspired by the craving not to lose face. Based on the ground reality that he encountered in the Pentagon and in Vietnam, and now on what he was exposed to in this far reaching study, Ellsberg came to view the war in Vietnam as not simply a stalemate, but as a wrongdoing and as mass homicide. He was later broadly cited saying that America had been on the wrong side of the conflict (Ehrlich and Goldsmith).
In October, in the year 1969, with the assistance of Anthony Russo, a previous associate from the RAND Corporation, he started photocopying the 7,000-page study. From the end of 1969 through the mid of 1971, he offered duplicates of the study to a few individuals from Congress, including Senator George McGovern (who was campaigning for Presidency on a hostile-to-war stage), and William Fulbright, chairman of the Senate Foreign Relations Committee. All endeavors to impact individuals from Congress or perhaps others in government with the study demonstrated little to no avail and were unproductive. In March of 1971 Ellsberg gave the study to columnist, Neil Sheehan, working for the New York Times. The newspaper started distributing selections from the classified study on June 13, 1971 (Ehrlich and Goldsmith).
Distinguished as the likely source of the leak that took place on June 6, 1971, Ellsberg was sought after by the FBI; he remained in Cambridge for approximately two weeks while effectively conveying duplicates of the study to the Washington Post and different daily papers, 17 in total, and to Senator Mike Gravel. Senator Gravel, after reading the documents then actually recorded them in the Senate files. As a result, Daniel Ellsberg also ended up turning himself in to the authorities in the Boston Federal courthouse on June 28, 1971. He was arrested under the Espionage Act with the charges of unapproved ownership and burglary of the Pentagon Papers, with a most extreme sentence of 20 years in prison (Ehrlich and Goldsmith).
His principle explanation behind uncovering the chronicled studies in the Pentagon Papers was to uncover examples of governmental lies about arrangements that would loan validity to his cases that Nixon was going to follow in the strides of his ancestors (Globe-trotter).
Data leakage without technology
As per Ellsberg, in an inquiry and answer session, the papers were disseminated to the New York Times and different daily papers with the assistance of companions and outsiders in the antiwar development, his wife and himself. In this history, he photocopied the 7,000 pages and offered it to the Senate Foreign Relations Committee; in 1971 he offered it to the Washington Post, New York Times, and 17 other newspapers (http://www.ellsberg.net/bio).
Data leakage and the government response
The organization looked for an earlier limitation in federal court to stop the Papers’ production and criminally arraigned Ellsberg and Russo. Aside from prosecution, the Nixon Administration responded through a chain of shrouded activities that built up and finally finished in the Watergate outrage and the President’s abdication (Kitrosser). It was the first incidence since the selection of the U.S. Constitution that the central government had sued the press to prevent it from unveiling data in view of national security (Rudenstine as referred to in McCough). Department of Justice’s legal advisers documented a suit against the New York Times in the U.S. Regional Court for the Southern District of New York, looking for two separate requests to stop distribution. One of these was a provisional limiting request that would halt publication until the court got confirmation; another was a preliminary injunction, a restriction of longer term that would be issued after the hearing and remain as a result until the consummation of a full trial (Kobrick).
Raging over the break of confidential information and stressed that there were more to come, President Nixon orchestrated an undercover formation of an anti-leak task force. The subsequent gathering, the Special Investigations Unit, is best referred to in history as the Plumbers (Kitrosser). The Plumbers broke into the Los Angeles office of Daniel Ellsberg’s therapist, Dr. Lewis Fielding. They had planned to discover data in Fielding’s office with which to discredit Ellsberg. They likewise tried to perceive if Ellsberg wanted to release more data. While the break-in turned up no data on Ellsberg, it was simply the beginning for the Plumbers (Kitrosser).
Before long, the Plumbers were enrolled to further forcefully break into the Democratic Headquarters as well as fully bug them at the Watergate Hotel. In the latter of their two Watergate break-ins, the burglars (those who physically led the break-in) were captured. From this sprung the notorious concealment that was more awful than the wrongdoing, as President Nixon and his internal circle hustled to shroud the criminals’ links to the White House, and to the prior break-in at Dr. Fielding’s office. Toward this end, they influenced prosecutors, requested the FBI Director L. Patrick Gray to destroy proof, got confidential data from Assistant Attorney General Henry Peterson, and paid the thieves to keep quiet about the bigger Plumbers’ plan of operation and its association with the White House (Kitrosser).
These disclosures provoked the Senate panel researching Watergate to subpoena individuals from the President’s internal circle. Showing up before the council, previous presidential assistant Alexander Butterfield coincidentally uncovered that President Nixon had introduced a recording system to tape conversations in the Oval Office. Butterfield’s exposure prompted subpoenas for the tapes themselves. Eventually, the Supreme Court requested the tapes released in a point-of-interest supposition dismissing President Nixon’s case that the tapes were protected by official benefit. The released tapes incorporated a ‘smoking gun’ that demonstrated the certain guilt of Nixon’s own inclusion in impeding the Watergate examination. The President’s position became untenable. As Congress arranged to vote on three articles of indictment, Nixon resigned from office on August 9, 1974 (Kitrosser).
The Plumbers make up the most direct connection between the data leaked by the Pentagon Papers and President Nixon’s destruction. Had Ellsberg never released the Papers, the Plumbers may not have been formed. Devoid of this main organization set up, it is truly conceivable that neither Watergate nor the President’s acquiescence in criminal activities would have occurred (Kitrosser).
Effect of accusations on information revealed
No number of accusations or amount of information could possibly invalidate the information received. Leaked information is impartial to the perpetrator’s bias as well as the reader’s. What has happened, has happened, and when it is discovered that information is still valid. If it happened, then it is true no matter what the leaking agent’s motive was for uncovering and distributing the information. Most of the information leaked onto WikiLeaks seems to have been leaked out of a desire to enlighten human kind and prevent government atrocities.
A faithfulness pledge is a vow of devotion to an institution, organization, or group of which an individual is a regular and consistent member. In this setting, a dependability pledge is unmistakable from a vow of allegiance. It is a confirmation by which an individual signs a legitimately tying record or warrant (Loyalty Oath). Inconsistencies stem from deciding to ignore or break a vow for ‘higher good’ reason. Lt. Col. Andrew Milburn has spoken against this imperative sacred standard, contending that there are circumstances that lead to the commitment to ignore a lawful order (Yingling).
The U.S. military vow
The U.S. military vow expresses that:
“I, [name], do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God” (Yingling).
This contention [Milburn’s] is in light of three recommendations. To begin with, a military officer’s bonus and expert standing include moral self-rule and commit him to ignore a request he esteems improper. Importantly, Milburn characterizes an unethical request as one prone to damage the establishment in front of the Nation, military, and subordinates. Second, the military officer has a commitment to defy; this is a critical decision involving execution of approach. Finally, the military officer must comprehend that this situation requires either acknowledgment of obligation or wholehearted insubordination (Yingling).
The principal recommendation lifts military officers to the status of ethical self-rule, eventually responsible just to their own still, small voices. Dissimilar to other government authorities, Milburn’s military expert may replace his ruling for the will of general society as communicated in law and the legal requests of chosen or delegated pioneers. The benchmark on which Milburn’s ethically self-ruling professional claims to pass a ruling of this nature is the individual officer’s profound quality. Milburn’s ethical criteria are especially intriguing – the proficiency and security of the Nation, the military and subordinates are equally important priorities. Surely, Milburn affirms that military officers have vowed to protect the Constitution and shield the welfare of his peers and subordinates. The real terms of the military officer’s promise are instructive (Yingling).
The Espionage Act
In 1917, Congress passed the Espionage Act with an end goal to smother dispute and the hostility to war movement. The demonstration made it a lawful offense to attempt to bring about resistance in the military or to pass on false proclamations with aim to interfere with military operations (Long). More quickly, the Espionage Act of 1917 was related to the Defense Secrets Act of 1911, which, as its name suggests, criminalized the divulgence of guarded insider facts (and was itself related to the then-current variant of the British Official Secrets Act). Entry of the Act was to a limited extent a response to the publicity machines used to such sensational impact by European forces and Russian dissidents amid World War I (Jones and Brown).
The Espionage and Sedition Acts were partially because of President Wilson’s concern about foreign natives in America. In a message to the Congress on the 7th of December in the year 1915, Wilson said that the gravest dangers against our national peace and security have been articulated inside our own particular borders. There were subjects of the United States, he stated, conceived under different flags (born in different nations) banners, however invited by the liberal naturalization laws (of the U.S.) to the full opportunity and chance of America, who have emptied the toxin of unfaithfulness into the very corridors of the national life (Long). Amid Wilson’s State of the Union Address in 1915, Wilson assaulted foreign agitators among us, demanding that such animals of enthusiasm, unfaithfulness, and turmoil must be crushed. With the apparent reason for tending to concerns of the military, laws that would become the Espionage Act we represented in mid-1917 and directed to criminalize that which jeopardized the peace, welfare, and honor of the United States (Jones and Brown).
While Wilson upheld these actions, numerous researchers have censured them, calling them an obvious strike upon First Amendment liberties (Long). Following nine weeks of level-headed discussion; Congress sanctioned the enactment on June 15, 1917. It is important to note that, quickly from there on, Congress extended the Espionage Act through the Sedition Act of 1918, which criminalized, in addition to other things, the utilization of traitorous, indecent, foul or oppressive dialect about the United States (Jones and Brown).
Treason & Traitorousness
Under Article III, Section 3, of the Constitution, any individual who initiates war against the United States, or holds fast to its adversaries by issuing them Aid and Comfort has submitted injustice inside the significance of the Constitution. The term ‘help and solace’ alludes to any demonstration that shows a double-crossing of fidelity to the United States, for example, outfitting foes with arms, troops, transportation, haven, or grouped data. On the off-chance that a subversive demonstration tends to debilitate the force of the United States to assault or oppose its foes, support and solace has been given (http://legitimate dictionary.thefreedictionary.com/Treason).
The Treason Clause applies only to traitorous acts conferred amid times of war. Demonstrations of dis-loyalty amid peacetime are not viewed as treasonous under the Constitution. Nor do demonstrations of Espionage conferred for a partner constitute injustice. Case in point, Julius and Ethel Rosenberg were indicted as spies in 1951, for helping the Soviet Union take nuclear insider facts from the United States in World War II. The Rosenbergs were not arrested for injustice in light of the fact that the United States and the Soviet Union were partners in World War II.
Under Article III, an individual can impose war against the United States without the utilization of arms, weapons, or military hardware. Persons who assume just a minor part in a trick to impose war are still considered swindlers under the Constitution if an equipped resistance to the United States results. After the U.S. Civil War, for instance, every Confederate officer was helpless against charges of injustice, paying little respect to their part in the withdrawal or uprising of the Southern states. No conspiracy charges were documented against these troopers, because President Andrew Johnson issued a general Amnesty (http://lawful dictionary.thefreedictionary.com/Treason).
The Congress certainly has the Power to proclaim the Punishment of Treason or Corruption of Blood, yet no Attainder of Treason should work, . Additionally by characterizing injustice in the U.S. Constitution and putting it in Article III, the authors proposed the ability to be judicially checked. The Treason Clause was intended to cutoff the force of the government to rebuff its subjects for sticking to the foes of the United States by issuing them support and solace (Roland, 2002).
The Deep Web
Deep Web is an obscure depiction of the web not so much open to internet searchers. The Deep Web is frequently confused as the Dull or Dark Web, where the Dim web alludes to any page that has been disguised to be stowed away on display, or live inside a separate, yet open layer of the standard internet (Bergman). While scanning the web, the Deep Web is normally directly before you, you might just not know it yet. Whether you are hunting down unstructured Big Data or attempting to answer barely focused inquiries, it can normally be discovered some place inside a large number of Deep Web sources (Pederson).
The Deep Web is part of the Internet not open to search robots and crawlers like Google. Deep Web pages don’t exist until they are made, as would be the consequence of a particular inquiry. In layman’s terms, the best way to get to the Deep Web is by leading a hunt that is inside a specific site. Since conventional web crawlers can’t test underneath the surface, the deep Web has until now been hidden (Bergman).
News Organizations and Whistle blowing
Individuals from the Society of Professional Journalists accept that open edification is the harbinger of equity and the establishment of popular government. The obligation of the journalist is to further those aspects by looking for truth and giving a fair and extensive account of occasions and issues (Kitrosser). The news organization can adjust all needs by sticking to the codes of expert news-casting
â€¢ Seek Truth and Report It. Journalists ought to be completely forthright, fair and valiant in social event reporting and translating data.
â€¢ Minimize Harm: Ethical journalists handle or tackle sources, subjects and associates as individuals
â€¢ Act Independently: Journalists ought to be free of commitment to any interest other than the people’s general entitlement to know.
â€¢ Be Accountable: Journalists are responsible to their readers, audience members, viewers and one another.
Bergman, K. Michael. “The Deep Web: Surfacing Hidden Value.” whitepaper. 2001.
Christensen, Christian. “WikiLeaks: From Popular Culture to Political Economy.” International Journal of Communication (2014): 2553-2557.
Davis, W. James and Meckel Miriam. “Political Power and the Requirement of Accountability in the age of Wikileaks.” Zeitschrift fur Politikwissenchaft (2012): 463-491.
Ellsberg. http://www.ellsberg.net/bio. n.d. 26 April 2015.
Fairfield, A.T. Joshua. “Anti-social Contracts: The Contractual Governance of Virtual Worlds.” Mcgill Law Journal (2008): 427-476.
Fenster, Mark. “Disclosure’s Effects: WikiLeaks and Transparency.” Iowa Law Review (2012): 753-807. 26 April 2015.
Fuchs, Christian. “WikiLeaks: power 2.0? Surveillance 2.0? Criticism 2.0? Alternative media 2.0? A political economic.” Global Media Journal – Australian Edition (2011): 1-17.
Globetrotter. http://globetrotter.berkeley.edu/people/Ellsberg/ells.QA99.leak.html. May 199. 27 April 2015.
Greenwald, Glenn. http://www.theguardian.com/commentisfree/2013/mar/23/noam-chomsky-guardian-personality. 23 March 2013. 27 April 2015.
Internet Security Alliance. “Social Contract 2.0: A 21st Century Program for Effective Cyber Security.” 2009.
Internet Security Alliance. “The Cyber Security Social Contract policy Recommendations for the Obama Administration and 111th Congress.” 2008.
Jones, Shaina and J. Ward Brown. “The Assange effect”: Wikileaks, the Espionage Act and the Fourth Estate.” MLRC Bulletin August 2011: 115-147.
Kitrosser, Heidi. “What if Daniel Ellsberg hadn’t bothered?” Indiana Law Review (2011): 89-129.
Kobrick, Jake. “The Pentagon Papers in the Federal Courts.” 2014.
Legal Dictionary. http://legal-dictionary.thefreedictionary.com/Treason. n.d. 27 April 2015.
Lennane, Jean. “What Happens to Whistleblowers, and Why.” Classics in Social Medicine (2012): 249-258.
Long, Laura. “An Analysis of Congressional Arguments Limiting Free Speech.” Communication Law Review (n.d.): 52-71.
Loyalty Oath. Retrieved from: http://law.academic.ru/12272/loyalty_oath
McCullough, Madeline. “The Pentagon Papers: A Landmark First Amendment Case.” 2012.
Mihr, Anja. Public Privacy: Human Rights in Cyberspace. working Paper. Utrecht: The Netherlands Institute of Human Rights (SIM), 2013.
Most Dangerous Man in America: Daniel Ellsberg and the Pentagon Papers. Dirs. Judith Ehrlich and Rick Goldsmith. 2009. Retrieved from: http://www.mostdangerousman.org/press_materials/mdm_presskit.pdf
Pederson, Steve. “Understanding the Deep Web in 10 Minutes.” 2013. Whitepaper.
Roland, Jon. (2002). Hurst’s Law of Treason. University of West Los Angeles Law Review, Vol. 34. Retrieved from: http://www.constitution.org/cmt/jwh/jwh_treason_jr.htm
Steinmetz, F. Kevin. “WikiLeaks and Realpolitik.” Journal of Theoretical and Philosophical Criminology Wikileaks and Realpolitik (2012): 14-52.
Yingling, Paul. “Breaking Ranks?” Small Wars Journal (2010).
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