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Piracy Can Boost Digital Music Sales, Research Shows - TorrentFreak - 0 views

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    Ernesto on January 21, 2016 C: 18 News A new academic paper published by the Economics Department of Queen's University examines the link between BitTorrent downloads and music album sales. The study shows that depending on the circumstances, piracy can hurt sales or give it a boost through free promotion.
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Purchase, Pirate, Publicize: The Effect of File Sharing on Album Sales - 0 views

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    "Author Info Jonathan Lee () (Queen's University) Registered author(s): Abstract This paper quantifies the relationship between private-network file sharing activity and music sales in the BitTorrent era. Using a panel dataset of 2,251 albums' U.S. sales and file sharing downloads on a private network during 2008, I estimate the effect of file sharing on album sales. Exogenous shocks to file sharing capacity address the simultaneity problem. In theory, piracy could crowd out legitimate sales by building file sharing capacity, but could also increase sales through word-of-mouth. I find evidence that additional file sharing decreases physical sales but increases digital sales for top-tier artists, though the effects are modest. I also find that file sharing may help mid-tier artists and substantially harms bottom-tier artists, suggesting that file sharing enables consumers to better discern quality among lesser-known artists."
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WebTorrent Brings BitTorrent to the Web, Impresses Netflix - TorrentFreak - 0 views

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    " Ernesto on December 13, 2015 C: 132 Breaking BitTorrent currently transfers petabytes of data across the Internet every month, but with the shift to online streaming it's losing prominence. Stanford University graduate Feross Aboukhadijeh is bridging this gap with WebTorrent and has already piqued the interest of Netflix, other tech companies, and many enthusiastic developers."
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Now You Can Torrent (and Explore) The Galaxy... in Your Browser! - TorrentFreak - 0 views

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    " Ernesto on October 9, 2016 C: 20 Opinion Have you ever wanted to explore an accurate 3D map of the galaxy from the comfort of your own home? Thanks to data from ESA's Gaia satellite, you can. Float through two million stars and explore the universe, in part powered by WebTorrent."
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Nearly Everyone In The U.S. And Canada Just Had Their Private Cell Phone Location Data ... - 0 views

  • A company by the name of LocationSmart isn't having a particularly good month. The company recently received all the wrong kind of attention when it was caught up in a privacy scandal involving the nation's wireless carriers and our biggest prison phone monopoly. Like countless other companies and governments, LocationSmart buys your wireless location data from cell carriers. It then sells access to that data via a portal that can provide real-time access to a user's location via a tailored graphical interface using just the target's phone number.
  • Theoretically, this functionality is sold under the pretense that the tool can be used to track things like drug offenders who have skipped out of rehab. And ideally, all the companies involved were supposed to ensure that data lookup requests were accompanied by something vaguely resembling official documentation. But a recent deep dive by the New York Times noted how the system was open to routine abuse by law enforcement, after a Missouri Sherrif used the system to routinely spy on Judges and fellow law enforcement officers without much legitimate justification (or pesky warrants): "The service can find the whereabouts of almost any cellphone in the country within seconds. It does this by going through a system typically used by marketers and other companies to get location data from major cellphone carriers, including AT&T, Sprint, T-Mobile and Verizon, documents show. Between 2014 and 2017, the sheriff, Cory Hutcheson, used the service at least 11 times, prosecutors said. His alleged targets included a judge and members of the State Highway Patrol. Mr. Hutcheson, who was dismissed last year in an unrelated matter, has pleaded not guilty in the surveillance cases." It was yet another example of the way nonexistent to lax consumer privacy laws in the States (especially for wireless carriers) routinely come back to bite us. But then things got worse.
  • Driven by curiousity in the wake of the Times report, a PhD student at Carnegie Mellon University by the name of Robert Xiao discovered that the "try before you buy" system used by LocationSmart to advertise the cell location tracking system contained a bug, A bug so bad that it exposed the data of roughly 200 million wireless subscribers across the United States and Canada (read: nearly everybody). As we see all too often, the researcher highlighted how the security standards in place to safeguard this data were virtually nonexistent: "Due to a very elementary bug in the website, you can just skip that consent part and go straight to the location," said Robert Xiao, a PhD student at the Human-Computer Interaction Institute at Carnegie Mellon University, in a phone call. "The implication of this is that LocationSmart never required consent in the first place," he said. "There seems to be no security oversight here."
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  • Meanwhile, none of the four major wireless carriers have been willing to confirm any business relationship with LocationSmart, but all claim to be investigating the problem after the week of bad press. That this actually results in substantive changes to the nation's cavalier treatment of private user data is a wager few would be likely to make.
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Skynet rising: Google acquires 512-qubit quantum computer; NSA surveillance to be turne... - 0 views

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    "The ultimate code breakers" If you know anything about encryption, you probably also realize that quantum computers are the secret KEY to unlocking all encrypted files. As I wrote about last year here on Natural News, once quantum computers go into widespread use by the NSA, the CIA, Google, etc., there will be no more secrets kept from the government. All your files - even encrypted files - will be easily opened and read. Until now, most people believed this day was far away. Quantum computing is an "impractical pipe dream," we've been told by scowling scientists and "flat Earth" computer engineers. "It's not possible to build a 512-qubit quantum computer that actually works," they insisted. Don't tell that to Eric Ladizinsky, co-founder and chief scientist of a company called D-Wave. Because Ladizinsky's team has already built a 512-qubit quantum computer. And they're already selling them to wealthy corporations, too. DARPA, Northrup Grumman and Goldman Sachs In case you're wondering where Ladizinsky came from, he's a former employee of Northrup Grumman Space Technology (yes, a weapons manufacturer) where he ran a multi-million-dollar quantum computing research project for none other than DARPA - the same group working on AI-driven armed assault vehicles and battlefield robots to replace human soldiers. .... When groundbreaking new technology is developed by smart people, it almost immediately gets turned into a weapon. Quantum computing will be no different. This technology grants God-like powers to police state governments that seek to dominate and oppress the People.  ..... Google acquires "Skynet" quantum computers from D-Wave According to an article published in Scientific American, Google and NASA have now teamed up to purchase a 512-qubit quantum computer from D-Wave. The computer is called "D-Wave Two" because it's the second generation of the system. The first system was a 128-qubit computer. Gen two
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    Normally, I'd be suspicious of anything published by Infowars because its editors are willing to publish really over the top stuff, but: [i] this is subject matter I've maintained an interest in over the years and I was aware that working quantum computers were imminent; and [ii] the pedigree on this particular information does not trace to Scientific American, as stated in the article. I've known Scientific American to publish at least one soothing and lengthy article on the subject of chlorinated dioxin hazard -- my specialty as a lawyer was litigating against chemical companies that generated dioxin pollution -- that was generated by known closet chemical industry advocates long since discredited and was totally lacking in scientific validity and contrary to established scientific knowledge. So publication in Scientific American doesn't pack a lot of weight with me. But checking the Scientific American linked article, notes that it was reprinted by permission from Nature, a peer-reviewed scientific journal and news organization that I trust much more. That said, the InfoWars version is a rewrite that contains lots of information not in the Nature/Scientific American version of a sensationalist nature, so heightened caution is still in order. Check the reprinted Nature version before getting too excited: "The D-Wave computer is not a 'universal' computer that can be programmed to tackle any kind of problem. But scientists have found they can usefully frame questions in machine-learning research as optimisation problems. "D-Wave has battled to prove that its computer really operates on a quantum level, and that it is better or faster than a conventional computer. Before striking the latest deal, the prospective customers set a series of tests for the quantum computer. D-Wave hired an outside expert in algorithm-racing, who concluded that the speed of the D-Wave Two was above average overall, and that it was 3,600 times faster than a leading conventional comput
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Robert McDowell: The U.N. Threat to Internet Freedom - WSJ.com - 5 views

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    [Top-down, international regulation is antithetical to the Net, which has flourished under its current governance model. ...]
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    Trying to fix what ain't broken ...
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    I wish it were a matter to "fix" anything... The issue is trying to Control something that comes working fine without such 'control'...
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    You're right. The desire to censor is the real driving force here, I think.
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    A further thought: There is binding and enforceable international law on the subject of freedom of speech and access to information in a treaty that has been ratified by all nations other than China, which has signed but not yet ratified the treaty. That treaty's terms might provide a rallying point for at least limiting the ITU's desire to grab power over the Internet. The International Covenant on Civil and Political Rights ("ICCRR") Article 19 provides: "1. Everyone shall have the right to hold opinions without interference. "2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice. "3. The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary: (a) For respect of the rights or reputations of others; (b) For the protection of national security or of public order (ordre public), or of public health or morals." http://www2.ohchr.org/english/law/ccpr.htm The last exception is broader than what I would prefer. However, while the rights created by by the ICCRR transcend national boundaries, the quoted provision unquestionably stands for the proposition that exception (b) applies only to nations and not to a U.N. body itself. Therefore, there is a very strong argument that content-based both content-based restrictions and changes in the internet's functioning to facilitate such restrictions are beyond the legal jurisdiction of the ITU. I.e., changes in the internet's functioning to facilitate content-based restrictions require consideration of the content types to be restricted. The treaty permits only national level restrictions and arguably, it thereb
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    *Oh, we got -even from before- The Art 27 of The THE UNIVERSAL DECLARATION OF HUMAN RIGHTS https://www.un.org/en/documents/udhr/index.shtml#a27 [(1) Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits. ...] And, as 'NOBODY' (Repeat 'NOBODY') has demonstrated that sharing affects negatively to creators (more yet, all the contrary), saying that SHARING (in any way the technology allows) is an EXCELLENT way to "participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits." is The Ultimate Truth. http://www.p2pnet.net/story/7566 *'Authorities only want to control the Information Flow... ...Nothing related with the "Defence" of Anything... but their own craving of control.
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National Security Agency Tasked with Targeting Adversaries' Computers for Attack Since ... - 0 views

  • Since at least 1997, the National Security Agency (NSA) has been responsible for developing ways to attack hostile computer networks as part of the growing field of Information Warfare (IW), according to a recently declassified internal NSA publication posted today by the non-governmental National Security Archive ("the Archive") at The George Washington University. Declaring that "the future of warfare is warfare in cyberspace," a former NSA official describes the new activity as "sure to be a catalyst for major change" at the super-secret agency. The document is one of 98 items the Archive is posting today that provide wide-ranging background on the nature and scope of U.S. cyber activities.
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Google book-scanning project legal, says U.S. appeals court | Reuters - 0 views

  • A U.S. appeals court ruled on Friday that Google's massive effort to scan millions of books for an online library does not violate copyright law, rejecting claims from a group of authors that the project illegally deprives them of revenue.The 2nd U.S. Circuit Court of Appeals in New York rejected infringement claims from the Authors Guild and several individual writers, and found that the project provides a public service without violating intellectual property law.
  • Google argued that the effort would actually boost book sales by making it easier for readers to find works, while introducing them to books they might not otherwise have seen.A lawyer for the authors did not immediately respond to a request for comment.Google had said it could face billions of dollars in potential damages if the authors prevailed. Circuit Judge Denny Chin, who oversaw the case at the lower court level, dismissed the litigation in 2013, prompting the authors' appeal.Chin found Google's scanning of tens of millions of books and posting "snippets" online constituted "fair use" under U.S. copyright law.A unanimous three-judge appeals panel said the case "tests the boundaries of fair use," but found Google's practices were ultimately allowed under the law. "Google’s division of the page into tiny snippets is designed to show the searcher just enough context surrounding the searched term to help her evaluate whether the book falls within the scope of her interest (without revealing so much as to threaten the author’s copyright interests)," Circuit Judge Pierre Leval wrote for the court.
  • The 2nd Circuit had previously rejected a similar lawsuit from the Authors Guild in June 2014 against a consortium of universities and research libraries that built a searchable online database of millions of scanned works.The case is Authors Guild v. Google Inc, 2nd U.S. Circuit Court of Appeals, No. 13-4829.
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He Was a Hacker for the NSA and He Was Willing to Talk. I Was Willing to Listen. - 2 views

  • he message arrived at night and consisted of three words: “Good evening sir!” The sender was a hacker who had written a series of provocative memos at the National Security Agency. His secret memos had explained — with an earthy use of slang and emojis that was unusual for an operative of the largest eavesdropping organization in the world — how the NSA breaks into the digital accounts of people who manage computer networks, and how it tries to unmask people who use Tor to browse the web anonymously. Outlining some of the NSA’s most sensitive activities, the memos were leaked by Edward Snowden, and I had written about a few of them for The Intercept. There is no Miss Manners for exchanging pleasantries with a man the government has trained to be the digital equivalent of a Navy SEAL. Though I had initiated the contact, I was wary of how he might respond. The hacker had publicly expressed a visceral dislike for Snowden and had accused The Intercept of jeopardizing lives by publishing classified information. One of his memos outlined the ways the NSA reroutes (or “shapes”) the internet traffic of entire countries, and another memo was titled “I Hunt Sysadmins.” I felt sure he could hack anyone’s computer, including mine. Good evening sir!
  • The sender was a hacker who had written a series of provocative memos at the National Security Agency. His secret memos had explained — with an earthy use of slang and emojis that was unusual for an operative of the largest eavesdropping organization in the world — how the NSA breaks into the digital accounts of people who manage computer networks, and how it tries to unmask people who use Tor to browse the web anonymously. Outlining some of the NSA’s most sensitive activities, the memos were leaked by Edward Snowden, and I had written about a few of them for The Intercept. There is no Miss Manners for exchanging pleasantries with a man the government has trained to be the digital equivalent of a Navy SEAL. Though I had initiated the contact, I was wary of how he might respond. The hacker had publicly expressed a visceral dislike for Snowden and had accused The Intercept of jeopardizing lives by publishing classified information. One of his memos outlined the ways the NSA reroutes (or “shapes”) the internet traffic of entire countries, and another memo was titled “I Hunt Sysadmins.” I felt sure he could hack anyone’s computer, including mine.
  • I got lucky with the hacker, because he recently left the agency for the cybersecurity industry; it would be his choice to talk, not the NSA’s. Fortunately, speaking out is his second nature.
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  • He agreed to a video chat that turned into a three-hour discussion sprawling from the ethics of surveillance to the downsides of home improvements and the difficulty of securing your laptop.
  • In recent years, two developments have helped make hacking for the government a lot more attractive than hacking for yourself. First, the Department of Justice has cracked down on freelance hacking, whether it be altruistic or malignant. If the DOJ doesn’t like the way you hack, you are going to jail. Meanwhile, hackers have been warmly invited to deploy their transgressive impulses in service to the homeland, because the NSA and other federal agencies have turned themselves into licensed hives of breaking into other people’s computers. For many, it’s a techno sandbox of irresistible delights, according to Gabriella Coleman, a professor at McGill University who studies hackers. “The NSA is a very exciting place for hackers because you have unlimited resources, you have some of the best talent in the world, whether it’s cryptographers or mathematicians or hackers,” she said. “It is just too intellectually exciting not to go there.”
  • The Lamb’s memos on cool ways to hunt sysadmins triggered a strong reaction when I wrote about them in 2014 with my colleague Ryan Gallagher. The memos explained how the NSA tracks down the email and Facebook accounts of systems administrators who oversee computer networks. After plundering their accounts, the NSA can impersonate the admins to get into their computer networks and pilfer the data flowing through them. As the Lamb wrote, “sys admins generally are not my end target. My end target is the extremist/terrorist or government official that happens to be using the network … who better to target than the person that already has the ‘keys to the kingdom’?” Another of his NSA memos, “Network Shaping 101,” used Yemen as a theoretical case study for secretly redirecting the entirety of a country’s internet traffic to NSA servers.
  • “If I turn the tables on you,” I asked the Lamb, “and say, OK, you’re a target for all kinds of people for all kinds of reasons. How do you feel about being a target and that kind of justification being used to justify getting all of your credentials and the keys to your kingdom?” The Lamb smiled. “There is no real safe, sacred ground on the internet,” he replied. “Whatever you do on the internet is an attack surface of some sort and is just something that you live with. Any time that I do something on the internet, yeah, that is on the back of my mind. Anyone from a script kiddie to some random hacker to some other foreign intelligence service, each with their different capabilities — what could they be doing to me?”
  • “You know, the situation is what it is,” he said. “There are protocols that were designed years ago before anybody had any care about security, because when they were developed, nobody was foreseeing that they would be taken advantage of. … A lot of people on the internet seem to approach the problem [with the attitude of] ‘I’m just going to walk naked outside of my house and hope that nobody looks at me.’ From a security perspective, is that a good way to go about thinking? No, horrible … There are good ways to be more secure on the internet. But do most people use Tor? No. Do most people use Signal? No. Do most people use insecure things that most people can hack? Yes. Is that a bash against the intelligence community that people use stuff that’s easily exploitable? That’s a hard argument for me to make.”
  • I mentioned that lots of people, including Snowden, are now working on the problem of how to make the internet more secure, yet he seemed to do the opposite at the NSA by trying to find ways to track and identify people who use Tor and other anonymizers. Would he consider working on the other side of things? He wouldn’t rule it out, he said, but dismally suggested the game was over as far as having a liberating and safe internet, because our laptops and smartphones will betray us no matter what we do with them. “There’s the old adage that the only secure computer is one that is turned off, buried in a box ten feet underground, and never turned on,” he said. “From a user perspective, someone trying to find holes by day and then just live on the internet by night, there’s the expectation [that] if somebody wants to have access to your computer bad enough, they’re going to get it. Whether that’s an intelligence agency or a cybercrimes syndicate, whoever that is, it’s probably going to happen.”
  • There are precautions one can take, and I did that with the Lamb. When we had our video chat, I used a computer that had been wiped clean of everything except its operating system and essential applications. Afterward, it was wiped clean again. My concern was that the Lamb might use the session to obtain data from or about the computer I was using; there are a lot of things he might have tried, if he was in a scheming mood. At the end of our three hours together, I mentioned to him that I had taken these precautions—and he approved. “That’s fair,” he said. “I’m glad you have that appreciation. … From a perspective of a journalist who has access to classified information, it would be remiss to think you’re not a target of foreign intelligence services.” He was telling me the U.S. government should be the least of my worries. He was trying to help me. Documents published with this article: Tracking Targets Through Proxies & Anonymizers Network Shaping 101 Shaping Diagram I Hunt Sys Admins (first published in 2014)
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US judge slams surveillance requests as "repugnant to the Fourth Amendment" - World Soc... - 0 views

  • Federal Magistrate Judge John M. Facciola denied a US government request earlier this month for a search and seizure warrant, targeting electronic data stored on Apple Inc. property. Facciola’s order, issued on March 7, 2014, rejected what it described as only the latest in a series of “overbroad search and seizure requests,” and “unconstitutional warrant applications” submitted by the US government to the US District Court for the District of Columbia. Facciola referred to the virtually unlimited warrant request submitted by the Justice Department as “repugnant to the Fourth Amendment.” The surveillance request sought information in relation to a “kickback investigation” of a defense contractor, details about which remain secret. It is significant, however, that the surveillance request denied by Facciola relates to a criminal investigation, unrelated to terrorism. This demonstrates that the use by the Obama administration of blanket warrants enabling them to seize all information on a person's Internet accounts is not limited to terrorism, as is frequently claimed, but is part of a program of general mass illegal spying on the American people.
  • Facciola’s ruling states in no uncertain terms that the Obama administration has aggressively and repeatedly sought expansive, unconstitutional warrants, ignoring the court’s insistence for specific, narrowly targeted surveillance requests. “The government continues to submit overly broad warrants and makes no effort to balance the law enforcement interest against the obvious expectation of privacy email account holders have in their communications…The government continues to ask for all electronically stored information in email accounts, irrespective of the relevance to the investigation,” wrote Judge Facciola. As stated in the ruling, the surveillance requests submitted to the court by the US government sought the following comprehensive, virtually limitless list of information about the target: “All records or other information stored by an individual using each account, including address books, contact and buddy lists, pictures, and files… All records or other information regarding the identification of the accounts, to include full name, physical address, telephone numbers and other identifies, records of session times and durations, the date on which each account was created, the length of service, the types of service utilized, the Internet Protocol (IP) address used to register each account, log-in IP addresses associated with session times and dates, account status, alternative email addresses provided during registration, methods of connecting, log files, and means of payment (including any credit or bank account number).”
  • Responding to these all-encompassing warrant requests, Judge Facciola ruled that evidence of probable cause was necessary for each specific item sought by the government. “This Court is increasingly concerned about the government’s applications for search warrants for electronic data. In essence, its applications ask for the entire universe of information tied to a particular account, even if it has established probable cause only for certain information,” Facciola wrote. “It is the Court’s duty to reject any applications for search warrants where the standard of probable cause has not been met… To follow the dictates of the Fourth Amendment and to avoid issuing a general warrant, a court must be careful to ensure that probable cause exists to seize each item specified in the warrant application… Any search of an electronic source has the potential to unearth tens or hundreds of thousands of individual documents, pictures, movies, or other constitutionally protected content.” Facciola also noted in the ruling that the government never reported the length of time it would keep the data, or whether it planned to destroy the data at any point.
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  • Facciola’s ruling represents a reversal from a previous ruling, in which a Kansas judge allowed the government to conduct such unlimited searches of Yahoo accounts.
  • In testimony, De and his deputy Brad Wiegmann rejected the privacy board’s advice that the agency limit its data mining to specific targets approved by specific warrants. “If you have to go back to court every time you look at the information in your custody, you can imagine that would be quite burdensome,” said Wiegmann. De further said on the topic, “That information is at the government’s disposal to review in the first instance.” As these statements indicate, the intelligence establishment rejects any restrictions on their prerogative to spy on every aspect of citizens lives at will, even the entirely cosmetic regulations proposed by the Obama administration-appointed PCLOB.
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Exclusive: Inside America's Plan to Kill Online Privacy Rights Everywhere | The Cable - 0 views

  • The United States and its key intelligence allies are quietly working behind the scenes to kneecap a mounting movement in the United Nations to promote a universal human right to online privacy, according to diplomatic sources and an internal American government document obtained by The Cable. The diplomatic battle is playing out in an obscure U.N. General Assembly committee that is considering a proposal by Brazil and Germany to place constraints on unchecked internet surveillance by the National Security Agency and other foreign intelligence services. American representatives have made it clear that they won't tolerate such checks on their global surveillance network. The stakes are high, particularly in Washington -- which is seeking to contain an international backlash against NSA spying -- and in Brasilia, where Brazilian President Dilma Roussef is personally involved in monitoring the U.N. negotiations.
  • The Brazilian and German initiative seeks to apply the right to privacy, which is enshrined in the International Covenant on Civil and Political Rights (ICCPR), to online communications. Their proposal, first revealed by The Cable, affirms a "right to privacy that is not to be subjected to arbitrary or unlawful interference with their privacy, family, home, or correspondence." It notes that while public safety may "justify the gathering and protection of certain sensitive information," nations "must ensure full compliance" with international human rights laws. A final version the text is scheduled to be presented to U.N. members on Wednesday evening and the resolution is expected to be adopted next week. A draft of the resolution, which was obtained by The Cable, calls on states to "to respect and protect the right to privacy," asserting that the "same rights that people have offline must also be protected online, including the right to privacy." It also requests the U.N. high commissioner for human rights, Navi Pillay, present the U.N. General Assembly next year with a report on the protection and promotion of the right to privacy, a provision that will ensure the issue remains on the front burner.
  • Publicly, U.S. representatives say they're open to an affirmation of privacy rights. "The United States takes very seriously our international legal obligations, including those under the International Covenant on Civil and Political Rights," Kurtis Cooper, a spokesman for the U.S. mission to the United Nations, said in an email. "We have been actively and constructively negotiating to ensure that the resolution promotes human rights and is consistent with those obligations." But privately, American diplomats are pushing hard to kill a provision of the Brazilian and German draft which states that "extraterritorial surveillance" and mass interception of communications, personal information, and metadata may constitute a violation of human rights. The United States and its allies, according to diplomats, outside observers, and documents, contend that the Covenant on Civil and Political Rights does not apply to foreign espionage.
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  • n recent days, the United States circulated to its allies a confidential paper highlighting American objectives in the negotiations, "Right to Privacy in the Digital Age -- U.S. Redlines." It calls for changing the Brazilian and German text so "that references to privacy rights are referring explicitly to States' obligations under ICCPR and remove suggestion that such obligations apply extraterritorially." In other words: America wants to make sure it preserves the right to spy overseas. The U.S. paper also calls on governments to promote amendments that would weaken Brazil's and Germany's contention that some "highly intrusive" acts of online espionage may constitute a violation of freedom of expression. Instead, the United States wants to limit the focus to illegal surveillance -- which the American government claims it never, ever does. Collecting information on tens of millions of people around the world is perfectly acceptable, the Obama administration has repeatedly said. It's authorized by U.S. statute, overseen by Congress, and approved by American courts.
  • "Recall that the USG's [U.S. government's] collection activities that have been disclosed are lawful collections done in a manner protective of privacy rights," the paper states. "So a paragraph expressing concern about illegal surveillance is one with which we would agree." The privacy resolution, like most General Assembly decisions, is neither legally binding nor enforceable by any international court. But international lawyers say it is important because it creates the basis for an international consensus -- referred to as "soft law" -- that over time will make it harder and harder for the United States to argue that its mass collection of foreigners' data is lawful and in conformity with human rights norms. "They want to be able to say ‘we haven't broken the law, we're not breaking the law, and we won't break the law,'" said Dinah PoKempner, the general counsel for Human Rights Watch, who has been tracking the negotiations. The United States, she added, wants to be able to maintain that "we have the freedom to scoop up anything we want through the massive surveillance of foreigners because we have no legal obligations."
  • The United States negotiators have been pressing their case behind the scenes, raising concerns that the assertion of extraterritorial human rights could constrain America's effort to go after international terrorists. But Washington has remained relatively muted about their concerns in the U.N. negotiating sessions. According to one diplomat, "the United States has been very much in the backseat," leaving it to its allies, Australia, Britain, and Canada, to take the lead. There is no extraterritorial obligation on states "to comply with human rights," explained one diplomat who supports the U.S. position. "The obligation is on states to uphold the human rights of citizens within their territory and areas of their jurisdictions."
  • The position, according to Jamil Dakwar, the director of the American Civil Liberties Union's Human Rights Program, has little international backing. The International Court of Justice, the U.N. Human Rights Committee, and the European Court have all asserted that states do have an obligation to comply with human rights laws beyond their own borders, he noted. "Governments do have obligation beyond their territories," said Dakwar, particularly in situations, like the Guantanamo Bay detention center, where the United States exercises "effective control" over the lives of the detainees. Both PoKempner and Dakwar suggested that courts may also judge that the U.S. dominance of the Internet places special legal obligations on it to ensure the protection of users' human rights.
  • "It's clear that when the United States is conducting surveillance, these decisions and operations start in the United States, the servers are at NSA headquarters, and the capabilities are mainly in the United States," he said. "To argue that they have no human rights obligations overseas is dangerous because it sends a message that there is void in terms of human rights protection outside countries territory. It's going back to the idea that you can create a legal black hole where there is no applicable law." There were signs emerging on Wednesday that America may have been making ground in pressing the Brazilians and Germans to back on one of its toughest provisions. In an effort to address the concerns of the U.S. and its allies, Brazil and Germany agreed to soften the language suggesting that mass surveillance may constitute a violation of human rights. Instead, it simply deep "concern at the negative impact" that extraterritorial surveillance "may have on the exercise of and enjoyment of human rights." The U.S., however, has not yet indicated it would support the revised proposal.
  • The concession "is regrettable. But it’s not the end of the battle by any means," said Human Rights Watch’s PoKempner. She added that there will soon be another opportunity to corral America's spies: a U.N. discussion on possible human rights violations as a result of extraterritorial surveillance will soon be taken up by the U.N. High commissioner.
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    Woo-hoo! Go get'em, U.N.
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This project aims to make '404 not found' pages a thing of the past - 0 views

  • The Internet is always changing. Sites are rising and falling, content is deleted, and bad URLs can lead to '404 Not Found' errors that are as helpful as a brick wall. A new project proposes an do away with dead 404 errors by implementing new HTML code that will help access prior versions of hyperlinked content. With any luck, that means that you’ll never have to run into a dead link again. The “404-No-More” project is backed by a formidable coalition including members from organizations like the Harvard Library Innovation Lab, Los Alamos National Laboratory, Old Dominion University, and the Berkman Center for Internet & Society. Part of the Knight News Challenge, which seeks to strengthen the Internet for free expression and innovation through a variety of initiatives, 404-No-More recently reached the semifinal stage. The project aims to cure so-called link rot, the process by which hyperlinks become useless overtime because they point to addresses that are no longer available. If implemented, websites such as Wikipedia and other reference documents would be vastly improved. The new feature would also give Web authors a way provide links that contain both archived copies of content and specific dates of reference, the sort of information that diligent readers have to hunt down on a website like Archive.org.
  • While it may sound trivial, link rot can actually have real ramifications. Nearly 50 percent of the hyperlinks in Supreme Court decisions no longer work, a 2013 study revealed. Losing footnotes and citations in landmark legal decisions can mean losing crucial information and context about the laws that govern us. The same study found that 70 percent of URLs within the Harvard Law Review and similar journals didn’t link to the originally cited information, considered a serious loss surrounding the discussion of our laws. The project’s proponents have come up with more potential uses as well. Activists fighting censorship will have an easier time combatting government takedowns, for instance. Journalists will be much more capable of researching dynamic Web pages. “If every hyperlink was annotated with a publication date, you could automatically view an archived version of the content as the author intended for you to see it,” the project’s authors explain. The ephemeral nature of the Web could no longer be used as a weapon. Roger Macdonald, a director at the Internet Archive, called the 404-No-More project “an important contribution to preservation of knowledge.”
  • The new feature would come in the form of introducing the mset attribute to the <a> element in HTML, which would allow users of the code to specify multiple dates and copies of content as an external resource. For instance, if both the date of reference and the location of a copy of targeted content is known by an author, the new code would like like this: The 404-No-More project’s goals are numerous, but the ultimate goal is to have mset become a new HTML standard for hyperlinks. “An HTML standard that incorporates archives for hyperlinks will loop in these efforts and make the Web better for everyone,” project leaders wrote, “activists, journalists, and regular ol’ everyday web users.”
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2nd Cir. Affirms That Creation of Full-Text Searchable Database of Works Is Fair Use | ... - 0 views

  • The fair use doctrine permits the unauthorized digitization of copyrighted works in order to create a full-text searchable database, the U.S. Court of Appeals for the Second Circuit ruled June 10.Affirming summary judgment in favor of a consortium of university libraries, the court also ruled that the fair use doctrine permits the unauthorized conversion of those works into accessible formats for use by persons with disabilities, such as the blind.
  • The dispute is connected to the long-running conflict between Google Inc. and various authors of books that Google included in a mass digitization program. In 2004, Google began soliciting the participation of publishers in its Google Print for Publishers service, part of what was then called the Google Print project, aimed at making information available for free over the Internet.Subsequently, Google announced a new project, Google Print for Libraries. In 2005, Google Print was renamed Google Book Search and it is now known simply as Google Books. Under this program, Google made arrangements with several of the world's largest libraries to digitize the entire contents of their collections to create an online full-text searchable database.The announcement of this program triggered a copyright infringement action by the Authors Guild that continues to this day.
  • Part of the deal between Google and the libraries included an offer by Google to hand over to the libraries their own copies of the digitized versions of their collections.In 2011, a group of those libraries announced the establishment of a new service, called the HathiTrust digital library, to which the libraries would contribute their digitized collections. This database of copies is to be made available for full-text searching and preservation activities. Additionally, it is intended to offer free access to works to individuals who have “print disabilities.” For works under copyright protection, the search function would return only a list of page numbers that a search term appeared on and the frequency of such appearance.
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  • Turning to the fair use question, the court first concluded that the full-text search function of the Hathitrust Digital Library was a “quintessentially transformative use,” and thus constituted fair use. The court said:the result of a word search is different in purpose, character, expression, meaning, and message from the page (and the book) from which it is drawn. Indeed, we can discern little or no resemblance between the original text and the results of the HDL full-text search.There is no evidence that the Authors write with the purpose of enabling text searches of their books. Consequently, the full-text search function does not “supersede[ ] the objects [or purposes] of the original creation.”Turning to the fourth fair use factor—whether the use functions as a substitute for the original work—the court rejected the argument that such use represents lost sales to the extent that it prevents the future development of a market for licensing copies of works to be used in full-text searches.However, the court emphasized that the search function “does not serve as a substitute for the books that are being searched.”
  • The court also rejected the argument that the database represented a threat of a security breach that could result in the full text of all the books becoming available for anyone to access. The court concluded that Hathitrust's assertions of its security measures were unrebutted.Thus, the full-text search function was found to be protected as fair use.
  • The court also concluded that allowing those with print disabilities access to the full texts of the works collected in the Hathitrust database was protected as fair use. Support for this conclusion came from the legislative history of the Copyright Act's fair use provision, 17 U.S.C. §107.
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Marriott fined $600,000 for jamming guest hotspots - SlashGear - 0 views

  • Marriott will cough up $600,000 in penalties after being caught blocking mobile hotspots so that guests would have to pay for its own WiFi services, the FCC has confirmed today. The fine comes after staff at the Gaylord Opryland Hotel and Convention Center in Nashville, Tennessee were found to be jamming individual hotspots and then charging people up to $1,000 per device to get online. Marriott has been operating the center since 2012, and is believed to have been running its interruption scheme since then. The first complaint to the FCC, however, wasn't until March 2013, when one guest warned the Commission that they suspected their hardware had been jammed. An investigation by the FCC's Enforcement Bureau revealed that was, in fact, the case. A WiFi monitoring system installed at the Gaylord Opryland would target access points with de-authentication packets, disconnecting users so that their browsing was interrupted.
  • The FCC deemed Marriott's behaviors as contravening Section 333 of the Communications Act, which states that "no person shall willfully or maliciously interfere with or cause interference to any radio communications of any station licensed or authorized by or under this chapter or operated by the United States Government." In addition to the $600,000 civil penalty, Marriott will have to cease blocking guests, hand over details of any access point containment features to the FCC across its entire portfolio of owned or managed properties, and finally file compliance and usage reports each quarter for the next three years.
  • Update: Marriott has issued the following statement on the FCC ruling: "Marriott has a strong interest in ensuring that when our guests use our Wi-Fi service, they will be protected from rogue wireless hotspots that can cause degraded service, insidious cyber-attacks and identity theft. Like many other institutions and companies in a wide variety of industries, including hospitals and universities, the Gaylord Opryland protected its Wi-Fi network by using FCC-authorized equipment provided by well-known, reputable manufacturers. We believe that the Gaylord Opryland's actions were lawful. We will continue to encourage the FCC to pursue a rulemaking in order to eliminate the ongoing confusion resulting from today's action and to assess the merits of its underlying policy."
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Supreme Court Says Phones Can't Be Searched Without a Warrant - NYTimes.com - 0 views

  • In a sweeping victory for privacy rights in the digital age, the Supreme Court on Wednesday unanimously ruled that the police need warrants to search the cellphones of people they arrest.While the decision will offer protection to the 12 million people arrested every year, many for minor crimes, its impact will most likely be much broader. The ruling almost certainly also applies to searches of tablet and laptop computers, and its reasoning may apply to searches of homes and businesses and of information held by third parties like phone companies.“This is a bold opinion,” said Orin S. Kerr, a law professor at George Washington University. “It is the first computer-search case, and it says we are in a new digital age. You can’t apply the old rules anymore.”
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    It is now beyond doubt that the Supreme Court is declining to authorize an Orwellian government surveillance future for the U.S. This sweeping, unanimous ruling definitely has broad application beyond cellphones, in no small part because the court recognized that cellphones of today are more like desktop computers and a host of other computerized devices than they are like the telephones of yesteryear. Hence, almost everything the court said afterward about the privacy rights in cellphones applies equally to all personal use computers. 
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Mozilla Sets New Plans for Do Not Track Browser | Adweek - 0 views

  • Much to the disappointment of the digital advertising establishment, Mozilla is going ahead with plans to automatically block third-party cookie tracking in its Firefox browser. Mozilla first announced its Do Not Track browser in February, only to back off in May saying it needed to do more testing. But that didn't stop a growing chorus of loud protests from the advertising community, which argued that the browser would choke off the ad-supported Internet. The Interactive Advertising Bureau's general counsel Mike Zaneis called Mozilla's browser nothing less than a "nuclear first strike" against the ad community. No date has been set for when Firefox will turn on the feature, but advertisers, which have been regularly meeting with Mozilla and were hopeful for a compromise, are already lashing back at Mozilla.
  • "It's troubling," said Lou Mastria, the managing director for the Digital Advertising Alliance, which manages an online self-regulatory program called Ad Choices that provides consumers with the choice to opt-out of targeted ads. "They're putting this under the cloak of privacy, but it's disrupting a business model," Mastria said. Advertisers are worried that Mozilla's plans could be the death knell to thousands of small Web publishers that depend on third-party targeted ads to stay in business. Nearly 1,000 signed a petition urging Mozilla to change its plans.  "One publisher said that 20 percent of their business would go away. That's huge," said Mastria. "Mozilla is really picking business model winners and losers."
  • Not all cookies will be blocked under Mozilla's latest plans for its proposed browser; there will be exceptions. Through a partnership with the Center for Internet and Society at Stanford Law School, the two are launching a Cookie Clearinghouse. Overseen by a six-person panel, it will determine a list of undesirable cookies and then block those. "The Cookie Clearinghouse will create, maintain and publish objective information," Aleecia McDonald, director of privacy at CIS, said in a statement. "Web browser companies will be able to choose to adopt the lists we publish to provide new privacy options to their users." But others say the approach is far from objective. "What these organizations and the privacy groups that back them are really saying is 'let us choose for you because we know best,' " said Daniel Castro, a senior analyst with the Information Technology and Innovation Foundation. "The proponents of this model have claimed they are empowering users. ... This is basically Sarah Palin's 'Death Panels' but for the Internet."
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  • Advertisers have so far resisted some of the Do Not Track proposals advocated by privacy groups arguing they are technological solutions that could quickly be rendered obsolete by the fast-moving Internet economy. When Micosoft launched its Do Not Track default browser, advertisers said they would not honor it. Meanwhile, members of the World Wide Web Consortium's tracking group, represented by advertisers, privacy groups and other stakeholders, have been unable to reach consensus about a universal Do Not Track browser solution. In Congress, where baseline privacy legislation has moved at a glacial pace, Mozilla's news gave Sen. Jay Rockefeller (D-W.Va.) more ammunition for his Do Not Track Online Act. Introduced earlier this year, the bill hasn't gotten much traction and only has one co-sponsor, Sen. Richard Blumenthal (D-Conn.). "With major Web browsers now starting to provide privacy protections by default, it's even more important to give businesses the regulatory certainty they need and consumers the privacy protections they deserve," Rockefeller said in a statement. "I hope this will end the emerging back and forth so we can act quickly to pass new legislation."
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    Cookie Clearinghouse. Overseen by a six-person panel, it will determine a list of undesirable cookies and then block those.
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Researchers tout electricity storage technology that could recharge devices in minutes - 0 views

  • Vanderbilt University researchers say they have come up with a way to store electricity on a silicon-based supercapacitor that would let mobile phones recharge in seconds and let them continue to operate for weeks without recharging.
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Legislative Cyber Threats: CISA's Not The Only One | Just Security - 0 views

  • If anyone in the United States Senate had any doubts that the proposed Cyber Information Sharing Act (CISA) was universally hated by a range of civil society groups, a literal blizzard of faxes should’ve cleared up the issue by now. What’s not getting attention is a CISA “alternative” introduced last week by Sens. Mark Warner (D-Va) and Susan Collins (R-Me). Dubbed the “FISMA Reform Act,” the authors make the following claims about the bill:  This legislation would allow the Secretary of Homeland Security to operate intrusion detection and prevention capabilities on all federal agencies on the .gov domain. The bipartisan bill would also direct the Secretary of Homeland Security to conduct risk assessments of any network within the government domain. The bill would allow the Secretary of Homeland Security to operate defensive countermeasures on these networks once a cyber threat has been detected. The legislation would strengthen and streamline the authority Congress gave to DHS last year to issue binding operational directives to federal agencies, especially to respond to substantial cyber security threats in emergency circumstances.
  • The bill would require the Office of Management and Budget to report to Congress annually on the extent to which OMB has exercised its existing authority to enforce government wide cyber security standards. On the surface, it actually sounds like a rational response to the disastrous OPM hack. Unfortunately, the Warner-Collins bill has some vague or problematic language and non-existent definitions that make it potentially just as dangerous for data security and privacy as CISA. The bill would allow the Secretary of Homeland Security to carry out cyber security activities “in conjunction with other agencies and the private sector” [for] “assessing and fostering the development of information security technologies and capabilities for use across multiple agencies.” While the phrase “information sharing” is not present in this subsection, “security technologies and capabilities” is more than broad — and vague — enough to allow it.
  • The bill would also allow the secretary to “acquire, intercept, retain, use, and disclose communications and other system traffic that are transiting to or from or stored on agency information systems and deploy countermeasures with regard to the communications and system traffic.”
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  • The bill also allows the head of a federal agency or department “to disclose to the Secretary or a private entity providing assistance to the Secretary…information traveling to or from or stored on an agency information system, notwithstanding any other law that would otherwise restrict or prevent agency heads from disclosing such information to the Secretary.” (Emphasis added.) So confidential, proprietary or other information otherwise precluded from disclosure under laws like HIPAA or the Privacy Act get waived if the Secretary of DHS or an agency head feel that your email needs to be shared with a government contracted outfit like the Hacking Team for analysis. And the bill explicitly provides for just this kind of cyber threat analysis outsourcing:
  • (3) PRIVATE ENTITIES. — The Secretary may enter into contracts or other agreements, or otherwise request and obtain the assistance of, private entities that provide electronic communication or information security services to acquire, intercept, retain, use, and disclose communications and other system traffic in accordance with this subsection. The bill further states that the content of your communications, will be retained only if the communication is associated with a known or reasonably suspected information security threat, and communications and system traffic will not be subject to the operation of a countermeasure unless associated with the threats. (Emphasis added.) “Reasonably suspected” is about as squishy a definition as one can find.
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    "The bill also allows the head of a federal agency or department "to disclose to the Secretary or a private entity providing assistance to the Secretary…information traveling to or from or stored on an agency information system, notwithstanding any other law that would otherwise restrict or prevent agency heads from disclosing such information to the Secretary."" Let's see: if your information is intercepted by the NSA and stored on its "information system" in Bluffdale, Utah, then it can be disclosed to the Secretary of DHS or any private entity providing him/her with assistance, "notwithstanding any other law that would otherwise restrict or prevent agency heads from disclosing such information to the Secretary." And if NSA just happens to be intercepting every digital bit of data generated or received in the entire world, including the U.S., then it's all in play, "notwithstanding any other law that would otherwise restrict or prevent agency heads from disclosing such information to the Secretary.". Sheesh! Our government voyeurs never stop trying to get more nude pix and videos to view.  
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Here Are All the Sketchy Government Agencies Buying Hacking Team's Spy Tech | Motherboard - 0 views

  • They say what goes around comes around, and there's perhaps nowhere that rings more true than in the world of government surveillance. Such was the case on Monday morning when Hacking Team, the Italian company known for selling electronic intrusion tools to police and federal agencies around the world, awoke to find that it had been hacked itself—big time—apparently exposing its complete client list, email spools, invoices, contracts, source code, and more. Those documents show that not only has the company been selling hacking tools to a long list of foreign governments with dubious human rights records, but it’s also establishing a nice customer base right here in the good old US of A. The cache, which sources told Motherboard is legitimate, contains more than 400 gigabytes of files, many of which confirm previous reports that the company has been selling industrial-grade surveillance software to authoritarian governments. Hacking Team is known in the surveillance world for its flagship hacking suite, Remote Control System (RCS) or Galileo, which allows its government and law enforcement clients to secretly install “implants” on remote machines that can steal private emails, record Skype calls, and even monitor targets through their computer's webcam. Hacking Team in North America
  • According to leaked contracts, invoices and an up-to-date list of customer subscriptions, Hacking Team’s clients—which the company has consistently refused to name—also include Kazakhstan, Azerbaijan, Oman, Saudi Arabia, Uzbekistan, Bahrain, Ethiopia, Nigeria, Sudan and many others. The list of names matches the findings of Citizen Lab, a research lab at the University of Toronto's Munk School of Global Affairs that previously found traces of Hacking Team on the computers of journalists and activists around the world. Last year, the Lab's researchers mapped out the worldwide collection infrastructure used by Hacking Team's customers to covertly transport stolen data, unveiling a massive network comprised of servers based in 21 countries. Reporters Without Borders later named the company one of the “Enemies of the Internet” in its annual report on government surveillance and censorship.
  • we’ve only scratched the surface of this massive leak, and it’s unclear how Hacking Team will recover from having its secrets spilling across the internet for all to see. In the meantime, the company is asking all customers to stop using its spyware—and likely preparing for the worst.
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