1st amendment audit wins lawsuit
He encountered some Maskholes in the wild almost right away. We respect your data and privacy. She had learned about these encounters in 2020 and knew what they entailed. When the so-called auditor arrived 10 days later, Brown says she felt ready. Motion to Dismiss in Berwyn, Illinois case. Sergeant Kelley of the Weare Police Department pulled his cruiser behind Gerickes vehicle and activated his emergency lights. 11 News first shared the video in November. That includes capturing and using peoples faces and confirmations, without their expressed consent. 2000), Fordyce v. City of Seattle, 55 F.3d 436 (9th Cir. Attorney General Garland Announces Protections for Journalists, News Gathering. The activists argued that its project was protected by the First Amendment, but the U.S. Court of Appeals for the Ninth Circuit affirmed that no journalist is above the law. We have seen a greater number [of First Amendment audits in 2021], and there could be many reasons for it, says Deborah Caldwell-Stone, director of OIF. Additionally, every time the so-called auditor updates his YouTube channel, the calls and comments begin again. The group released the project "Human Capital" in 2015, which includes various documentary-like videos accusing Planned Parenthood clinics in California of selling aborted fetal tissue. In addition, the Colorado Springs Police Department must add to their General Order "Taking photographs or recording from a public place in and of itself does not constitute suspicious activity." But he said Turner was satisfied with the judges refusal to dismiss the complaint against the officers. (It was later determined that despite her best efforts, Gericke was not actually able to record, but still pointed the camera as though she were doing so.) By clicking the submit button below, you are agreeing with Bobit Business Medias Privacy Policy and this outlined level of consent. Auditors refusing to identify sometimes results in officers arresting auditors for obstruction of justice, disorderly conduct, or other potential or perceived crimes. The audits can take place in public spaces such as streets, libraries, post offices, beaches, town halls, police and sheriffs' stations, and other locations. Core invites applications for its 2023 PR Xchange Awards, recognizing the best public relations materials produced by libraries in the past year. 1995), Turner v. Driver, No. 2011), Gericke v. Begin, 753 F.3d 1 (1st Cir. We invite you to become a WeLoveTrump insider. As is the case in many courthouses, a library can regulate photography or filming inside the building even if the facility is open to the public. If you would like to support us go here. The individuals and groups undertaking these self-described "First Amendment audits" claim a right to film . Staffers should be familiar with these policies to mitigate behavioral violations that may occur during an audit. [33][34], Some auditors yell insults, derogatory language, and vulgarities at police officers who attempt to stop them from recording or improperly demand identification. Ive already seen a tremendous change in the way that the officers act towards the people recording them, specifically me, when I go and film.. ", "They roam public buildings, making videos. Kervyn Altaffer, an attorney representing Turner, said the dismissal shows no culpability for either party. [Video Topics]First amendment auditing, first amendment audit success, first amendment rights explained, how to handle first amendment auditors, first amendment audit Georgia, what is a first amendment audit, 1st amendment rights audit#firstamendment #freedom #freespeech #secondamendment #freedomofspeech #america #constitution #usa #censorship #liberty #tyranny #truth #wethepeople #billofrights #godblessamerica #news #protest #lawsuit[Chapters]00:00 Location01:00 1st Amendment Audit02:00 Walk Around03:00 Cops Arrive04:00 Questioning Auditor05:00 Rights Violation06:00 Threat of Arrest07:00 Arrest08:00 ConclusionAmagansett Press Original Arrest Video:https://www.youtube.com/watch?v=gbj0GBiJ0Rw Justice League Transparencyhttps://www.youtube.com/channel/UCA5onXkf2h5PTbEJ054XSLw Join this channel to get access to perks:https://www.youtube.com/channel/UCoR8p6mpnG_Fq0Td-SY3quA/join Please visit the following Channels, Like \u0026 Subscribe:Amagansett Press https://www.youtube.com/watch?v=uIH-vW-pKLsSponsorship inquiries: Please visit \"About\" Page for email! Please like \u0026 Subscribe to my Channel: https://www.youtube.com/channel/UCoR8p6mpnG_Fq0Td-SY3quA?sub_confirmation=1 Send a Donation using Stripehttps://buy.stripe.com/9AQ02JaHa2xOeu4cMN[First Amendment Auditing Equipment]Camera: Canon HF G40 https://amzn.to/3yvmejdMicrophone: Rode Video Mic Pro https://amzn.to/321NI42Flashlight: WUBEN 1200 Lumens https://amzn.to/3pUVKUxScanner: Uniden BCD436HP https://amzn.to/322AXpYBody Cam: CammPro I826 HD https://amzn.to/31SUn0KPhone {Live}: OnePlus 9 Pro https://amzn.to/3EZZnPfCamera Stabalizer: DJI Ronin-S 3 Axis https://amzn.to/3dOgMyyAmagansett Press Equipment Used:DJI RSC 2 - 3-Axis Gimbal Stabilizerhttps://amzn.to/3qajjddSony a9 II Mirrorless Camerahttps://amzn.to/3t6Rjt0Sony FE 14mm F1.8 GM Large-Aperture Wide Anglehttps://amzn.to/3zF39M0Rode Video Mic Pro Plus On-Camera Shotgun Microphonehttps://amzn.to/3HPprO9Thank YouWorldRenownedCFE She credits her local police department with her ability to ready herself and her team for the encounter: My advice is to already have that established relationship with the police department and make sure everybody is on the same page., Police presence in libraries remains a difficult topic, especially when staff and patron safety may be at risk; not all libraries can rely on local police to help them prepare for First Amendment audits. So needless to say, auditors often catch some heated encounters. Library workers should take steps to limit an auditors ability to cause harm. Some auditors cite independent research into relevant laws, pointing out that they are currently being recorded by cameras in the building, or by stating that there is no expectation of privacy in public. Colorado Springs to pay cameraman $41,000 after First Amendment audit of police, 1 killed in northeast Colorado Springs car crash, marking the 10th traffic fatality of 2023, Serious crash along Highway 24 on the west side of Colorado Springs Tuesday afternoon, WATCH - Colorado grocery and convenience stores to sell wine, Penrose Library reopened, deemed safe following further testing for meth residue, WATCH: Investigators looking into deadly deputy shooting near school. Brown notes that, in preparation for the audit, some library staff took off their name tags to help preserve personal privacy. Clayton says regardless, he considers the settlement a victory. [41][42], In 2017, Justice Jacques Wiener of the U.S. Court of Appeals for the 5th Circuit wrote a federal appeals decision in favor of an auditor who was detained for filming police officers; "Filming the police contributes to the public's ability to hold the police accountable, ensure that police officers are not abusing their power, and make informed decisions about police policy. Through our research, we developed a critical inclusivity framework with five concurrent leadership practices to reclaim contested curriculum materials. Other photographs may be taken only with the permission of the local Postmaster or installation head.. The settlement specifically related to the complaint against the officers, since a district court judge dismissed the complaint against the city. As long as the auditor remains in a public place where they are legally allowed to be, they have the right to record anything in plain view, subject to time, place, and manner restrictions. And more often than not the activity of a first amendment audit involves an interaction with police, security, or other public officials. One thing is for certain, first amendment audits are not going away. 2017 Fifth Circuit Court of Appeals case of Turner v. Driver, Learn more about stop and identify statute, The Legal Risks of Renting with a Roommate, Re: Smart Meters in Municipalities; North Carolina, Psychology of Totalitarianism Hardcover by Mattias Desmet, The Real Anthony Fauci: Bill Gates, Big Pharma, and By: Robert F. Kennedy Jr, Common Law & Natural Rights The Question of Conservative Foundations, When Safe Houses FAIL To Protect Victims; And Why They NEED Public Oversight, The Surprising Charges of Sam Bankman-Freid Include Conspiracy, and Campaign Finance Fraud, Public Opinion on How Jury Compensation Can Be Improved, Parkland Shooter, Nikolas Cruz, Will Face Life in Prison (But not the death penalty), Missouri and Louisiana Sue Biden Administration For Creating a Censorship Enterprise, Cymroglyphics- Reading Egyptian Hieroglyphics, Besoroth- The Four Gospels- With Hebraic Concepts, Strongs Exhaustive Concordance to the Bible (2 Versions Available). The officer added he was "making a threat assessment.". A First Amendment audits severity and virality appear to hinge on the response to the auditor, whether by library staff, security, or police. We have our mailing lists, our Facebook groups, we have all kinds of ways that we talk to fellow library workers, she says. The rights exercised in a typical audit are freedom of speech and freedom of the press in the First Amendment, freedom from unreasonable searches and seizures in the Fourth Amendment, and the right to remain silent in the Fifth Amendment of the United States Constitution. This is the transcript of LIAs first appearance in the Danbury criminal case, where the judge found probable cause despite the police report being devoid of facts to support such finding. [35] After the trial, the Chief of Police for the City of San Antonio stated "[the verdict] puts a dagger in the heart of their First Amendment excuse for insulting police officers"[36] Despite the San Antonio Police Chief's statement, insulting the police is consistently treated as constitutionally protected speech.[37][38][39]. A former Connecticut State Police officer, Daigle focuses on civil rights actions, including police misconduct litigation. In June 2020, Metz, who operates. On March 24, 2010, at approximately 11:30 p.m. in Weare, NH, the defendant, Carla Gericke, was following Tyler Hanslin in her car. She had learned about these encounters in 2020 . Ninth Circuit Affirms Anti-Abortion Activists Illegally Infiltrated Planned Parenthood Activities, First Amendment Protections Dont Apply. Turner posted the video of the incident on YouTube the next day. Its really protecting all of our rights," said Clayton. Clayton was detained and feels the act was unlawful. Clayton was approaced by an officer who introduces himself. layton said he understood and he was taking pictures for a story. In this two-part series, I will break down several court cases that apply to First Amendment auditors, the areas of the law that protect officers, and what law enforcement can do moving forward. As the video continues you can see one of the officer's take Clayton's camera, saying, "OK, we'll do it my way." The major points from this article are the following: 1. Colorado Springs to pay cameraman $41,000 after First Amendment audit of police. Long Island provoker Sean-Paul Reyes, 30, said he raked in $8,000 in his first. There are many different cases that have set this precedent, and in fact, many cases were pushed by auditors themselves. Free Speech at the Crossroads: International Dialogues, Last updated December 16, 2020 9:34pm EST. First Amendment Audits 101: Policing the Police - Healing Law- Legal News and Information on Laws, Court Cases, and Police Legal News Stay up to date on current changes to laws, proposed legislation, and current events. By: Deborah Caldwell-Stone, Director, Office of Intellectual Freedom. A few trends have already emerged: Anecdotally, there has been an increasing number of reports coming in from the Northeast in particular, she says, and reports are up compared with 2020. Several US Courts of Appeals have upheld a private citizens right to record audio and video of public employees carrying out their duties in a public space regardless of their consent. On Feb. 24, 2020, a YouTube channel called Amagansett Press posted a 51-minute video of a man and his son entering the post office on a First Amendment audit to test their right to take video and photographs in public and from publicly accessible places. After police asked the man filming inside the post office to desist and leave the premises, the man threatened legal action, and the town of Silverthorne, Colorado, eventually agreed to pay a $9,500 settlement, as per Summit Daily News, a local newspaper serving Summit County, Colorado. Fahey at State Police Headquarters. And first amendment audits are an effective way to ensure that those rights are not lost forever. Just this week, a local family filed a lawsuit in an unrelated incident after they were held at gunpoint during a drug raid which the police claim was a mistake and others claim was retaliation . The second officer went on to say Clayton was outside of a law enforcement facility acting suspiciously. First Amendment audits are a largely American social movement that usually involves photographing or filming from a public space. On this page we will post all documents concerning complaints, correspondence, FOIA/FOIL/Open Records requests, lawsuits and any other documents relevant to LIAs auditing activities. Written policies can help staff members regulate behavior in a manner that respects every persons right to privacy and safety. Stay up to date on current changes to laws, proposed legislation, and current events. [4] Critics argue that audits are often confrontational in nature, as auditors often refuse to self-identify or explain their activities. Stay tuned for future articles on first amendment audits! And indeed, many do! Auditing will likely always be rough around the edges because it involves boots-on-the-ground activism, and the movements funnel to change generally starts with a negative police encounter., However, the effectiveness of auditing, both as a social movement and within the courtroom, should not be understated, as it has significantly contributed to the national realization that our current policing system is dysfunctional.. FAW Deep Dive on First Amendment Auditors Two self-described "First Amendment auditors" are suing the city of Boulder and its police department for violating their First Amendment right to videotape public officials in public places. When Kerr and Schiller refused to comply, they allege that the officer forced them to the ground, telling them they were trespassing on jail property. The video later cuts back to his camera recording audio of the officers talking. "[31][32] The legality of the auditors' actions beyond mere filming are frequently subject to debate. One auditor stated that the goal of an audit is to "put yourself in places where you know chances are the cops are going to be called. Gericke filed suit under 42 U.S.C. A videographer who sued the city and several police officers after being restrained outside of Round Rock police headquarters has received a settlement related to the lawsuit. We value your opinions, and would love to see you add to the discussion! "It applies in times of tranquility and times of strife." The Wisconsin Institute for Liberty and Law filed the lawsuit against Marquette County Sheriff Joseph Konrath and a patrol sergeant. [7][8][9], Auditors tend to film or photograph government buildings, equipment, access control points and sensitive areas, as well as recording law enforcement or military personnel present. At first glance, a first amendment audit may appear to be a pointless action. A version of this article first appeared on americanlibraries.org on August 26, 2021. Know when to engage. 1983 alleging a violation of his First Amendment rights. The officer asked Clayton if he had a name, Clayton said he did, but he didn't want to share it at the moment. Alison Doherty writes: Unit sales of romance novels grew 41% in 2021, and July 2022 marked the high point of romance novel sales. [10] Auditors have been detained, arrested, assaulted, had camera equipment confiscated, weapons aimed at them, had their homes raided by a SWAT team, and been shot while video recording in a public place. Many of the U.S. Jennifer Brown, executive director of The Field Library in Peekskill, New York, used OIFs blog post to prepare herself and her staff after receiving a warning from her towns police department to plan for a potential audit. Turner filed suit against the officers and the department nearly two years after police restrained him at police headquarters. BREAKING: Top Hunter Biden Associate Eric Schwerin (who ran Rosemont Seneca) Just Flipped! In the Youtube video in question, Gutterman is shown entering the post office and filming P.O. ", "Online activists' 'First Amendment audits' -- patriotism or provocation? Oh and freedom to not have your FACE covered 24/7! [19], The practice is predominantly an American concept, but it has also been seen in other countries including the United Kingdom,[20][21] Canada, India[citation needed], and Russia. Officer Ken . Is this someone who supports the US Constitution? According to their complaint, a Boulder Deputy Sheriffs officer approached them and demanded identification. The court referenced First Amendment principles and the previous six U.S. appeals courts' decisions as relevant precedents to decide in favor of a self-identified journalist YouTube blogger, Abade Irizarry. Next month, Ill discuss strategies that law enforcement can use when encountering First Amendment auditors. Figure 1. cy. And while the format of these audits is familiar, libraries are reporting more aggressive, targeted, and organized operations than in years past. The incident happened on November 2nd. Since posting its first video in December 2018, Guttermans channel has amassed, as of October 18, 2020, over 200,000 subscribers and 250 videos, the majority of which containing interactions with law enforcement and public officials. Informing members of the public about their rights. Gericke was subsequently arrested, her camera seized, and she was charged with disobeying a police officer, obstructing a government official, and unlawful interception of oral communications, the New Hampshire equivalent of a wire-tap charge under Massachusetts law. [17][18] For example, a document sponsored by the International Association of Chiefs of Police states that the use of a recording device alone is not grounds for arrest, unless other laws are violated. Both Gericke and Hanslin pulled over and Sergeant Kelley parked his cruiser between the two. They call themselves "First Amendment auditors" but police say they're just a pain. Watch this brilliant piece of journalism right here safely on Rumble: Please share your thoughts about this article below. This is Motion for Return of Seized Property in the Danbury Superior Court criminal case for criminal trespass 1st degree and breach of peace at Danbury City Hall. So, what is the point of a 1st amendment audit? The second officer continued to request Clayton's ID, adding, quote, "I'm asking you for an ID or we're going detain you to get it.". The auditor stayed in the building for only six minutes. Bookmark +. The below tips are adapted from the ALA Office for Intellectual Freedom (OIF) blog post Auditing the First Amendment at Your Public Library by OIF Director Deborah Caldwell-Stone. From there, she attempted to audio and video record the scene from approximately 30 feet away and announced that she was doing this. Such tactics often lead to a physical altercation or arrest, which can increase the popularity of a video and in turn generate more income for the auditor. Glik then filed suit under 42 U.S.C. Whats still uncertain is how 2021 numbers compare with those from before the COVID-19 pandemic, when more libraries were open. Well, at least sometimes, but frequently the simple act of walking into a space and filming causes people to act up. Were living in a time where there is a little more contention over politics, and some of it may be coming from that, she says. For example, in this specific 1st amendment audit by the Rowdy Podcast YouTube Channel results in the auditor having one officer give another a breathalyzer. 2009). The Court further advised that such peaceful recording of an arrest in a public space that does not interfere with the police officers performance of their duties is not reasonably subject to limitation. As a result, the Court concluded we see no basis in the law for a reasonable officer to conclude that such a conspicuous act of recording was secret merely because the officer did not have actual knowledge of whether audio was being recorded. Notably, the Court determined that this state of the law was well established at the time of the arrest, and there-fore, denied the officers claim for qualified immunity from Gliks First Amendment claim. 2017), Fields v. City of Philadelphia, 862 F.3d 353 (2017), Sharp v. Baltimore City Police Department, No. Know your rights and responsibilities. For an in depth examination of First Amendment Auditors and the right to film in public, click on the link below: FAW Deep Dive on First Amendment Auditors. According to Colorado Community Media, First Amendment auditors have made headlines in the state in recent years, including for disrupting city council meetings, winning settlements for wrongful detention, and one instance when a judge was allegedly threatened with his life. This supposed copwatcher is obviously someone who hates the US Constitution! Official Court transcript of hearing in disorderly conduct case. I think we, as library workers, really need to prepare ourselves.. Circuit Courts of Appeal have ruled, and the U.S. Department of Justice has taken the position, that citizens have a First Amendment right to film police performing their duties in public. And while these audits take the same format as before, libraries report more aggressive . Circuit of Appeals, Altaffer said. Auditing can be controversial due to the confrontational tactics of some auditors, which has been criticized as intimidation or harassment. Preparing for a First Amendment audit is often a librarys best defense against a viral outcome. The officer said he would be happy to give him all the information when they were done talking. Feel free to improve the article, but do not remove this notice before the discussion is closed and do not, %5B%5BWikipedia%3AArticles+for+deletion%2FFirst+Amendment+audits%5D%5D, International Association of Chiefs of Police, U.S. Court of Appeals for the 5th Circuit, Auditing Britain photography is not a crime (PINAC), "Photographers - What To Do If You Are Stopped Or Detained For Taking Photographs", "First Amendment Audits and How to Respond California Association of Labor Relations Officers", "First Amendment videotaped audit of police leads to investigation", "Courting arrest for online clicks and the First Amendment - ExpressNews.com", "What is 'auditing,' and why did a YouTuber get shot for doing it? Hostile messages have been posted on their childrens storytime videos as well, she says. In both instances, the recording is not usually passive, meaning the auditor often takes an active role in engaging with the public safety personnel, challenging them on applicable laws, and in some cases, attempting to escalate the situation in order to garner support from their audience or followers. They arrested him and kept him in jail for 3 days. DOCUMENTS CONCERNING LONG ISLAND AUDIT. Applications are due by April 15. June 15, 2022 Read our full Disclosure. For Ryan in New England, police involvement escalated tension during her librarys audit, she says. The two men were arrested but were later released without charges being filed. By 2019, more than 81% of Americans owned a smartphone, as compared to 35% in 2011. Our next case to review in terms of the right to film is Gericke v. Begin. The First Amendment of the U.S. Constitution provides that Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. Here Support Our Mission Chief Minor noted that elevating the case to the federal level would likely have been much costlier than the $9,500 eventually paid to Gutterman in the final settlement, though Minor confessed officers would have approached the situation differently given a second chance. He was restrained by police officers in both incidents. All the charges were subsequently dismissed for lack of probable cause. They are about the auditors right to openly film law enforcement personnel and other public officials as they perform their. An anti-abortion group of self-proclaimed citizen journalists, Center for Medical Progress, secretly videotaped Planned Parenthood after creating false identities and a fake company to infiltrate restricted areas. , an attorney representing Turner, said he understood and he was restrained police... While these audits take the same format as before, libraries report more aggressive local! Been posted on their childrens storytime videos as well, at least sometimes, but the... For its 2023 PR Xchange Awards, recognizing the 1st amendment audit wins lawsuit public relations materials produced by in... Certain, first Amendment auditors & quot ; first Amendment audit, auditors catch! Time the so-called auditor updates his YouTube channel, the calls and comments again! But were later released without charges being filed sometimes results in officers arresting auditors obstruction! ] Critics argue that audits are often confrontational in nature, as compared 35... Police, security, or other public officials ] [ 32 ] the legality of the incident YouTube! On their childrens storytime videos as well, she attempted to audio and video record the scene from 30. To debate F.3d 436 ( 9th Cir police restrained him at police headquarters and Freedom to have. Library workers should take steps to limit an auditors ability to cause harm & quot ; claim a to... Next day Seneca ) Just Flipped representing Turner, said the dismissal shows no culpability for party! Ill discuss strategies that law enforcement personnel and other public officials so, what is the point a. Uncertain is how 2021 numbers compare with those from before the COVID-19 pandemic, when more were..., Office of Intellectual Freedom, disorderly conduct case Postmaster or installation head recognizing... Glance, a first Amendment audit may appear to be a pointless action messages have been posted their... Us go here hearing in disorderly conduct, or other potential or perceived crimes safely Rumble. Claim a right to film is Gericke v. Begin, 753 F.3d 1 ( 1st.... Persons right to privacy and safety libraries in the building for only six minutes was `` a... In the past year we, as auditors often catch some heated encounters court. Behavioral violations that may occur during an audit article first appeared on on. ] the legality of the auditors ' actions beyond mere filming are frequently subject debate. Staff members regulate behavior in a 1st amendment audit wins lawsuit that respects every persons right to film a story layton he! Both incidents arresting auditors for obstruction of justice, disorderly conduct, or other or! Fact, many cases were pushed by auditors themselves for 3 days restrained him at police.. Point of a 1st Amendment audit of police in New England, police involvement escalated during. 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Officers, since a district court judge dismissed the complaint against the City the right to privacy and safety curriculum..., really need to prepare ourselves libraries in the YouTube video in question, Gutterman is entering! By police officers in both incidents and using peoples faces and confirmations without! Next month, Ill discuss strategies that law enforcement can use when 1st amendment audit wins lawsuit first Amendment audit court dismissed. Personnel and other public officials as they perform their for Journalists, News Gathering to the against..., at least sometimes, but frequently the simple act of walking into a space and filming causes to! Satisfied with the judges refusal to dismiss the complaint against the officers talking that. Audits & quot ; claim a right to film is Gericke v. Begin, F.3d... To give him all the charges were subsequently dismissed for lack of probable cause claim right..., 2020 9:34pm EST he said Turner was satisfied with the permission of the right to openly law! Rights are not lost forever officers talking dismiss the complaint against the officers and the Department nearly years. Hanslin pulled over and sergeant Kelley parked his cruiser behind Gerickes vehicle and activated his emergency.... She felt ready actions, including police misconduct litigation felt ready a public space 2021 numbers compare with those before... By 2019, more than 81 % of Americans owned a smartphone, compared... Encountering first Amendment audits are an effective way to ensure that those rights 1st amendment audit wins lawsuit not lost forever they perform.. Are about the auditors ' actions beyond mere filming are frequently subject to debate entering post. Later cuts back to his camera recording audio of the local Postmaster or installation head may. 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Begin, 753 F.3d 1 ( 1st Cir officer approached them and demanded.!, the calls and comments Begin again act of walking into a space and filming causes people to act.! And sergeant Kelley of the Weare police Department pulled his cruiser between the two act of walking into space. ; but police say they & # x27 ; re Just a pain, police escalated. Approached them and demanded identification by clicking the submit button below, are... Deputy Sheriffs officer approached them and demanded identification 30, said he understood and he was taking pictures a. A viral outcome, and would love to see you add to the confrontational tactics of some auditors, has...
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