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An American military detention camp in Afghanistan is still holding inmates ... without access to the International Committee of the Red Cross. The site, known to detainees as the black jail, consists of individual windowless concrete cells, each illuminated by a single light bulb glowing 24 hours a day. Former detainees said that their only human contact was at twice-daily interrogation sessions. While Mr. Obama signed an order to eliminate so-called black sites run by the [CIA] in January, it did not also close this jail, which is run by military Special Operations forces. Military officials said as recently as this summer that the Afghanistan jail and another like it at the Balad Air Base in Iraq were being used to interrogate high-value detainees. And officials said recently that there were no plans to close the jails. All three former detainees interviewed by The New York Times complained of being held for months after the intensive interrogations were over without being told why. Human rights researchers say they worry that the jail remains in the shadows and largely inaccessible both to the Red Cross and the Afghan Independent Human Rights Commission.
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The Department of Homeland Security is finalizing a proposal to collect fingerprints or eye scans from all foreign travelers at U.S. airports as they leave the country, officials said, a costly screening program that airlines have opposed. The plan ... would collect fingerprints at airport security checkpoints, departure gates or terminal kiosks, allowing the government to track when roughly 35 million foreign visitors a year. In a concession to industry, DHS said it probably will drop plans to require airlines to pay for the bulk of the program and is looking to cut costs, which could reach $1 billion to $2 billion over a decade, largely to be paid by taxpayers or foreign travelers. In addition, the program would not operate for now at land borders, where 80 percent of noncitizens enter and leave the country, because fingerprinting travelers there could cost billions more and significantly delay commerce. Congress focused on inbound travelers after the [September 11, 2001 attacks,] appropriating $3 billion since 2003 on the US-VISIT tracking program. The program collects biological identifiers, such as fingerprints and digital photographs, from all arriving foreigners except Canadians and Mexicans with special border-crossing cards. By the time Bush administration officials unveiled a $3.5 billion program in April 2008, however, political impetus for changes had weakened.
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Shares of VeriChip Corp tripled after the company said it had been granted an exclusive license to two patents, which will help it to develop implantable virus detection systems in humans. The patents, held by VeriChip partner Receptors LLC, relate to biosensors that can detect the H1N1 and other viruses. The technology will combine with VeriChip's implantable radio frequency identification devices to develop virus triage detection systems. The triage system will provide multiple levels of identification -- the first will identify the agent as virus or non-virus, the second level will classify the virus and alert the user to the presence of pandemic threat viruses and the third level will identify the precise pathogen, VeriChip said in a white paper published May 7, 2009. Shares of VeriChip were up 186 percent.
Note: Beware of efforts to scare you into getting microchipped for your own safety. Click here for more on this. For more on pharmaceutical corporation profiteering from swine flu vaccines, click here.
The Obama administration will largely preserve Bush-era procedures allowing the government to search -- without suspicion of wrongdoing -- the contents of a traveler's laptop computer, cellphone or other electronic device. The policy, disclosed ... in a pair of Department of Homeland Security directives, describes more fully than did the Bush administration the procedures by which travelers' laptops, iPods, cameras and other digital devices can be searched and seized when they cross a U.S. border. And it sets time limits for completing searches. Representatives of civil liberties and travelers groups say they see little substantive difference between the Bush-era policy, which prompted controversy, and this one. "It's a disappointing ratification of the suspicionless search policy put in place by the Bush administration," said Catherine Crump, staff attorney for the American Civil Liberties Union. "It doesn't deal with the fundamental problem, which is that under the policy, government officials are free to search people's laptops and cellphones for any reason whatsoever." "Under the policy begun by Bush and now continued by Obama, the government can open your laptop and read your medical records, financial records, e-mails, work product and personal correspondence -- all without any suspicion of illegal activity," said Elizabeth Goitein, who leads the liberty and national security project at the nonprofit Brennan Center for Justice.
Note: For important revelations of government threats to civil liberties, click here.
The Department of Homeland Security is reining in a "maverick" division of the agency following criticism of a report it issued that details domestic "extremists" ranging from anti-tax movements to pro-environment groups, a DHS official told FOX News on Tuesday. The report, released in March ... was on top of a controversial document the same office produced last month that said U.S. veterans were ripe for recruitment by terrorist groups. The quickly withdrawn report, titled the "Domestic Extremism Lexicon," comes from the department's Office of Intelligence and Analysis, the same unit that produced the report on right-wing extremists recruiting vets. The document, first uncovered by The Washington Times, uses a broad brush to define terms used when analyzing dozens of supposedly extremist ideologies inside the United States. They cover: Jewish extremists, animal rights extremists, Christian identity extremists, black separatism extremists, anti-abortion extremists, anti-immigration extremists, anti-technology extremists, Cuban independence extremists and tax resistance extremists, to name a few. In addition to the report on right-wing threats issued last month -- for which DHS Secretary Janet Napolitano apologized -- DHS detailed left-wing threats in a similar report released in January. The "Domestic Extremism Lexicon" covers ideologies across the spectrum. The top of the document also defines "alternative media" as something sinister -- though the term is commonly used to describe blogs and popular publications like New York's Village Voice.
Note: How strange that Fox News posted this report, yet other major media largely ignored this important news. Click here to read the extremism report.
When FBI and immigration agents arrested a 28-year-old Guatemalan woman three months ago in Los Angeles, they announced that they had shut down one of the most elaborate sex trafficking rings in the country. But it was one of only a few such cases to be spotlighted by national media, contributing to the false impression that cases of immigrant sex trafficking are isolated incidents. The reality is that human trafficking goes on in nearly every American city and town, said Lisette Arsuaga, director of development for the Coalition to Abolish Slavery and Trafficking, a human rights organization in Los Angeles. Her assessment is shared by authorities in Bexar County, Texas, where the Sheriff’s Office has formed a task force with Shared Hope International, an anti-slavery organization founded by former Rep. Linda Smith, D-Wash. Bexar County is considered a crossroads of the cross-border Mexican sex slave trade. Federal officials agree that the trafficking of human beings as sex slaves is far more prevalent than is popularly understood. While saying it is difficult to pinpoint the scope of the industry, given its shadowy nature ... officials estimated that it likely generates more than $9.5 billion a year. The Justice Department maintains a human trafficking hotline at 1-888-428-7581. “We’ve come to learn that cases of trafficking are all around us in plain sight,” [Carmen Pitre, executive director of the Task Force on Family Violence,] said. “Today, you can buy a human being for $200 in any major city in the world.”
With the help of CIA spotters, the Peruvian air force shot down 15 small civilian aircraft suspected of carrying drugs, in many cases without warning and within two to three minutes of being sighted, a U.S. lawmaker said Thursday. It was the first public disclosure of the number of planes shot down between 1995 and 2001 as part of the Airbridge Denial Program, a CIA counternarcotics effort that killed an innocent American missionary, Veronica Bowers, and her infant daughter in 2001. Michigan Rep. Pete Hoekstra, senior Republican on the Intelligence Committee of the House of Representatives, told The Associated Press most of the 15 planes shot down with the help of the CIA crashed in the jungle. The wreckage has not been or could not be examined to ascertain whether narcotics were aboard the aircraft. "The Bowers could have gone in the same category if they had crashed in the jungle," Hoekstra said, speaking of the missionary family from Hoekstra's state, Michigan. The Bowers' plane made an emergency river landing after it was hit. Excerpts from a CIA inspector general's report released in November raised questions about whether the missionaries' plane was the only craft mistakenly suspected of drug smuggling. The CIA report said that in most of the shootdowns, pilots fired on aircraft "without being properly identified, without being given the required warnings to land, and without being given time to respond to such warnings as were given to land."
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The U.S. military expects to have 20,000 uniformed troops inside the United States by 2011 trained to help state and local officials respond to a nuclear terrorist attack or other domestic catastrophe, according to Pentagon officials. Critics of the change, in the military and among civil liberties groups and libertarians ... express concern that the new homeland emphasis threatens to ... undermine the Posse Comitatus Act, a 130-year-old federal law restricting the military's role in domestic law enforcement. The Pentagon's plan calls for three rapid-reaction forces to be ready for emergency response by September 2011. The first 4,700-person unit, built around an active-duty combat brigade based at Fort Stewart, Ga., was available as of Oct. 1, said Gen. Victor E. Renuart Jr., commander of the U.S. Northern Command. Two additional teams will join nearly 80 smaller National Guard and reserve units made up of about 6,000 troops in supporting local and state officials nationwide. All would be trained to respond to a domestic chemical, biological, radiological, nuclear, or high-yield explosive attack, or CBRNE event, as the military calls it. In 2005, a new Pentagon homeland defense strategy emphasized "preparing for multiple, simultaneous mass casualty incidents." In late 2007, Deputy Defense Secretary Gordon England signed a directive approving more than $556 million over five years to set up the three response teams, known as CBRNE Consequence Management Response Forces [CCMRF].
Note: For many reports from major media sources of increasing threats to civil liberties, click here.
Hundreds of US citizens overseas have been eavesdropped on as they called friends and family back home, according to two former military intercept operators who worked at the giant National Security Agency (NSA) center in Fort Gordon, Georgia. "These were just really everyday, average, ordinary Americans who happened to be in the Middle East, in our area of intercept and happened to be making these phone calls on satellite phones," said Adrienne Kinne, a 31-year old US Army Reserves Arab linguist assigned to a special military program at the NSA's Back Hall at Fort Gordon from November 2001 to 2003. She said US military officers, American journalists and American aid workers were routinely intercepted and "collected on" as they called their offices or homes in the United States. Another intercept operator, former Navy Arab linguist, David Murfee Faulk, 39, said he and his fellow intercept operators listened into hundreds of Americans picked up using phones in Baghdad's Green Zone from late 2003 to November 2007. Both former intercept operators came forward at first to speak with investigative journalist [James] Bamford for a book on the NSA, The Shadow Factory, to be published next week. "It's extremely rare," said Bamford, who has written two previous books on the NSA, including the landmark Puzzle Palace which first revealed the existence of the super secret spy agency. "Both of them felt that what they were doing was illegal and improper, and immoral, and it shouldn't be done, and that's what forces whistleblowers."
Note: For many reports from major media sources of disturbing threats to privacy, click here.
The United States military's Northern Command [NORTHCOM], formed in the wake of the September 11 terrorist attacks, is dedicating a combat infantry team to deal with catastrophes in the U.S., including terrorist attacks and natural disasters. The 1st Brigade Combat Team of the 3rd Infantry, which was first into Baghdad, Iraq, in 2003, started its controversial assignment [on October 1]. The First Raiders will spend 2009 as the first active-duty military unit attached to the U.S. Northern Command since it was created. They will be based in Fort Stewart, Georgia, and focus primarily on logistics and support for local police and rescue personnel, the Army says. The plan is drawing skepticism from some observers who are concerned that the unit has been training with equipment generally used in law enforcement, including beanbag bullets, Tasers, spike strips and roadblocks. That kind of training seems a bit out of line for the unit's designated role as Northern Command's CCMRF (Sea Smurf), or CBRNE Consequence Management Response Force. CBRNE stands for chemical, biological, radiological, nuclear and high-yield explosive incidents. Use of active-duty military as a domestic police force has been severely limited since passage of the Posse Comitatus Act following the Civil War. Bloggers are criticizing the new force, saying that because it has been training in law enforcement tactics it could be be used for domestic law enforcement.
Note: Naomi Wolf, author of Give Me Liberty and The End of America, considers this domestic deployment of combat troops to be a coup d'etat with frightening implications.
The Bush administration has overturned a 22-year-old policy and now allows customs agents to seize, read and copy documents from travelers at airports and borders without suspicion of wrongdoing, civil rights lawyers in San Francisco said Tuesday in releasing records obtained in a lawsuit. The records also indicate that the government gives customs agents unlimited authority to question travelers about their religious beliefs and political opinions, said lawyers from the Asian Law Caucus and the Electronic Frontier Foundation. They said they had asked the Department of Homeland Security for details of any policy that would guide or limit such questioning and received no reply. "We're concerned that people of South Asian or Muslim-looking background are being targeted inappropriately" for questioning and searches, said Asian Law Caucus attorney Shirin Sinnar. The Bay Area legal groups filed a Freedom of Information Act suit against the government in February, seeking documents on the policies that govern searches and questioning of international travelers. The organizations said they had received more than 20 complaints in the previous year, mostly from South Asians and Muslims. The travelers said customs agents regularly singled them out when they returned from abroad, looked at their papers and laptop computers, and asked them such questions as whom they had seen on their trips, whether they attended mosques and whether they hated the U.S. government.
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For nearly seven years, scientist Bruce E. Ivins and a small circle of fellow anthrax specialists at Fort Detrick's Army medical lab lived in a curious limbo: They served as occasional consultants for the FBI in the investigation of the deadly 2001 anthrax attacks, yet they were all potential suspects. Over lunch in the bacteriology division, nervous scientists would share stories about their latest unpleasant encounters with the FBI and ponder whether they should hire criminal defense lawyers. In tactics that the researchers considered heavy-handed and often threatening, they were interviewed and polygraphed as early as 2002, and reinterviewed numerous times. Their labs were searched, and their computers and equipment carted away. The FBI eventually focused on Ivins, whom federal prosecutors were planning to indict when he committed suicide last week. Colleagues and friends of the vaccine specialist remained convinced that Ivins was innocent: They contended that he had neither the motive nor the means to create the fine, lethal powder that was sent by mail to news outlets and congressional offices in the late summer and fall of 2001. Mindful of previous FBI mistakes in fingering others in the case, many are deeply skeptical that the bureau has gotten it right this time. "I really don't think he's the guy. I say to the FBI, 'Show me your evidence,' " said Jeffrey J. Adamovicz, former director of the bacteriology division at the U.S. Army Medical Research Institute for Infectious Diseases, or USAMRIID. "A lot of the tactics they used were designed to isolate him from his support. The FBI just continued to push his buttons."
Note: For revealing insights into the realities behind the war on terror, click here.
The number of people under supervision in the nation's criminal justice system rose to 7.2 million in 2006, the highest ever, costing states tens of billions of dollars to house and monitor offenders as they go in and out of jails and prisons. According to a recently released report released by the Bureau of Justice Statistics, more than 2 million offenders were either in jail or prison in 2006, the most recent year studied in an annual survey. Another 4.2 million were on probation, and nearly 800,000 were on parole. The cost to taxpayers, about $45 billion, is causing states such as California to reconsider harsh criminal penalties. In an attempt to relieve overcrowding, California is now exporting some of its 170,000 inmates to privately run corrections facilities as far away as Tennessee. "There are a number of states that have talked about an early release of prisoners deemed non-threatening," said Rebecca Blank, a senior fellow in economic studies at the Brookings Institution. "The problem just keeps getting bigger and bigger. You're paying a lot of money here. You have to ask if some of these high mandatory minimum sentences make sense." The bureau's report comes on the heels of a Pew Center on the States report showing 1 percent of U.S. adults behind bars, a historic high. The United States has the largest number of people behind bars in the world, according to the Pew report. Black men, about one in 15, were most affected, and Hispanics, one in 35, were well represented among offenders. The number of women in prison "rose faster in 2006 than over the previous five years."
Norman Finkelstein, the controversial Jewish American academic and fierce critic of Israel, has been deported from the country and banned from the Jewish state for 10 years, it emerged yesterday. Finkelstein, the son of a Holocaust survivor who has accused Israel of using the genocidal Nazi campaign against Jews to justify its actions against the Palestinians, was detained by the Israeli security service, Shin Bet, when he landed at Tel Aviv's Ben Gurion airport on Friday. Shin Bet interrogated him for around 24 hours. "I did my best to provide absolutely candid and comprehensive answers to all the questions put to me," [he said.] "I have nothing to hide. Apart from my political views, and the supporting scholarship, there isn't much more to say for myself: alas, no suicide missions or secret rendezvous with terrorist organisations." Finkelstein is one of several scholars rejected by Israel in the increasingly bitter divide in academic circles, between those who support and those who criticise its treatment of Palestinians. Finkelstein was also refused tenure last year at Chicago's DePaul University. The Association for Civil Rights in Israel said the deportation of Finkelstein was an assault on free speech. "The decision to prevent someone from voicing their opinions by arresting and deporting them is typical of a totalitarian regime," said the association's lawyer, Oded Peler. "A democratic state, where freedom of expression is the highest principle, does not shut out criticism or ideas just because they are uncomfortable for its authorities to hear. It confronts those ideas in public debate."
On a cloudless spring day, the NYPD helicopter soars over the city, its sights set on the Statue of Liberty. A dramatic close-up of Lady Liberty's frozen gaze fills one of three flat-screen computer monitors mounted on a console. Hundreds of sightseers below are oblivious to the fact that a helicopter is peering down on them from a mile and a half away. "They don't even know we're here," said crew chief John Diaz, speaking into a headset over the din of the aircraft's engine. The helicopter's unmarked paint job belies what's inside: an arsenal of sophisticated surveillance and tracking equipment powerful enough to read license plates — or scan pedestrians' faces — from high above the nation's largest metropolis. "It looks like just another helicopter in the sky," said Assistant Police Chief Charles Kammerdener, who oversees the department's aviation unit. Police Commissioner Raymond Kelly has said that no other U.S. law enforcement agency "has anything that comes close" to the surveillance chopper, which was designed by engineers at Bell Helicopter and computer technicians based on NYPD specifications. The $10 million helicopter is just part of the department's efforts to adopt cutting-edge technology for its [surveillance] operations. The NYPD also plans to spend tens of millions of dollars strengthening security in the lower Manhattan business district with a network of closed-circuit television cameras and license-plate readers posted at bridges, tunnels and other entry points. Civil rights advocates are skeptical about the push for more surveillance, arguing it reflects the NYPD's evolution into ad hoc spy agency.
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Faced with an unfriendly Congress, the Bush administration has found another, quieter way to make it more difficult for consumers to sue businesses over faulty products. It's rewriting the bureaucratic rulebook. Lawsuit limits have been included in 51 rules proposed or adopted since 2005 by agency bureaucrats governing just about everything Americans use: drugs, cars, railroads, medical devices and food. Decried by consumer advocates and embraced by industry, the agencies' use of the government's rule-making authority represents the administration's final act in a long-standing drive to shield companies from lawsuits. Of the 51 regulations, 41 came from the Food and Drug Administration and the National Highway Traffic Safety Administration, or NHTSA. Underlying this bureaucratic version of lawsuit reform is the concept of federal preemption. Rooted in the Supremacy Clause of the Constitution, federal preemption refers to circumstances in which federal law and regulation trump state law, in this instance state laws that govern when one person may be held liable for another's injury. An expansive interpretation of preemption leaves little room for consumers to sue, and that is what the national trial lawyers group, the American Association for Justice, says is taking place. Jon Haber, AAJ's chief executive officer, says the agencies are engaging in "a brazen end run around Congress, the Constitution and the states in an effort to let negligent corporations off the hook and knowingly put consumers at risk."
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The number of Americans being secretly wiretapped or having their financial and other records reviewed by the government has continued to increase as officials aggressively use powers approved after the Sept. 11 attacks. But the number of terrorism prosecutions ending up in court -- one measure of the effectiveness of such sleuthing -- has continued to decline, in some cases precipitously. The trends, visible in new government data and a private analysis of Justice Department records, are worrisome to civil liberties groups and some legal scholars. They say it is further evidence that the government has compromised the privacy rights of ordinary citizens without much to show for it. The Bush administration has been seeking to expand its ability to gather intelligence without prior court approval. The [Justice] department ... reported a sharp rise in the use of national security letters by the FBI -- from 9,254 in 2005 to 12,583 in 2006, the latest data available. The letters seek customer information from banks, Internet providers and phone companies. They have caused a stir because consumers do not have a right to know that their information is being disclosed and the letters are issued without court oversight. Civil liberties groups say the new data reveal a disturbing consequence of the government's post-Sept. 11 expanded surveillance capabilities. "The number of Americans being investigated dwarfs any legitimate number of actual terrorism prosecutions, and that is extremely troubling," said Lisa Graves, deputy director of the Center for National Security Studies, a Washington-based civil liberties group.
Note: For many reports from major media sources that question the reality of the "terror" threat, click here.
The Justice Department's newly declassified torture memo outlined the broad legal authority its lawyers gave to the Bush White House on matters of torture and presidential authority during times of war. The March 14, 2003 memorandum ... provided legal "guidance" for military interrogations of "alien unlawful combatants," and concluded that the president's authority during wartime took precedence over the individual rights of enemies captured in the field. The memo ... determined that amendments to the U.S. Constitution, which in part protect rights of individuals charged with crimes, do not apply equally to enemy combatants. "The Fifth Amendment due process clause does not apply to the president's conduct of a war," the memo noted. It also asserted, "The detention of enemy combatants can in no sense be deemed 'punishment' for purposes of the Eighth Amendment," which prohibits "cruel and unusual" forms of punishment. The memo was drafted by John Yoo, who was at the time the deputy assistant attorney general for the Justice Department's Office of Legal Counsel. Former aides to John Ashcroft say the then-attorney general privately dubbed Yoo "Dr. Yes" for being so closely aligned with lawyers at the White House. The memo also provided an argument in defense of government interrogators who used harsh tactics in their line of work. The memo also laid out a defense against the authority of the U.N. Convention Against Torture, or CAT. Jack Goldsmith who headed OLC from October 2003 to July 2004, and worked at the Pentagon before coming to the department ... described the problems he had reviewing and standing by Yoo's work. "My first [reaction] was disbelief that programs of this importance could be supported by legal opinions that were this flawed."
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The FBI has increasingly used administrative orders to obtain the personal records of U.S. citizens rather than foreigners implicated in terrorism or counterintelligence investigations, and at least once it relied on such orders to obtain records that a special intelligence-gathering court had deemed protected by the First Amendment, according to two government audits released yesterday. The episode was outlined in a Justice Department report that concluded the FBI had abused its intelligence-gathering privileges by issuing inadequately documented "national security letters" from 2003 to 2006. The report makes it clear that the abuses persisted in 2006 and disclosed that 60 percent of the nearly 50,000 security letters issued that year by the FBI targeted Americans. Because U.S. citizens enjoy constitutional protections against unreasonable searches and seizures, judicial warrants are ordinarily required for government surveillance. But national security letters are approved only by FBI officials and are not subject to judicial approval; they routinely demand certain types of personal data, such as telephone, e-mail and financial records, while barring the recipient from disclosing that the information was requested or supplied. "The fact that these are being used against U.S. citizens, and being used so aggressively, should call into question the claim that these powers are about terrorists and not just about collecting information on all kinds of people," said Jameel Jaffer, national security director at the American Civil Liberties Union. "They're basically using national security letters to evade legal requirements that would be enforced if there were judicial oversight."
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The Bush administration allowed CIA interrogators to use tactics that were "quite distressing, uncomfortable, even frightening," as long as they did not cause enough severe and lasting pain to constitute illegal torture, a senior Justice Department official said last week. In testimony before a House subcommittee, Steven G. Bradbury, the acting chief of the Justice Department's Office of Legal Counsel, spelled out how the administration regulated the CIA's use of rough tactics and offered new details of how [waterboarding] was used to compel disclosures by prisoners. Bradbury indicated that no water entered the lungs of the three prisoners who were subjected to the practice, lending credence to previous accounts that the noses and mouths of CIA captives were covered in cloth or cellophane. Cellophane could pose a serious asphyxiation risk, torture experts said. Bradbury's unusually frank testimony ... stunned many civil liberties advocates and outside legal scholars who have long criticized the Bush administration's secretive and aggressive interrogation policies. Martin S. Lederman, a former Office of Legal Counsel official who teaches law at Georgetown University, called Bradbury's testimony "chilling." Lederman said that "to say that this is not severe physical suffering -- is not torture -- is absurd. And to invoke the defense that what the Spanish Inquisition did was worse and that we use a more benign, non-torture form of waterboarding . . . is obscene." Bradbury wrote two secret memos in 2005 that authorized waterboarding, head-slapping and other harsh tactics by the CIA. As a result of that and other issues, Senate Democrats have repeatedly blocked Bradbury's nomination to head the legal counsel's office permanently.
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