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Privacy in Cyberspace:
Rules of the Road for the Information Superhighway


If you have access to a computer and a modem, you are licensed to drive on the information superhighway. And you are one of a growing number of online participants.

The Internet offers many benefits. Web sites provide a vast world of information, entertainment, and shopping at our fingertips. Electronic mail, instant messaging, and chat rooms enable us to communicate with friends, family, and strangers in ways we never dreamed of a decade ago.

But the Internet also creates many threats to our personal privacy. Unless you know the "rules of the road," your online activity may lead to significant privacy problems.

This guide is divided into four sections:


PART ONE: EXPECTATIONS OF PRIVACY IN CYBERSPACE

What are "online communications?"

"Online communications" are communications over telephone, cable networks, or wireless systems using computers. Examples of online communications include connecting to the Internet through an Internet Service Provider (ISP) such as America Online or Earthlink, or accessing the Internet from a public library or community computer center. Mobile access to the Internet is increasing via hand-held PDAs, pagers, and other devices. (For a directory of ISPs, see Additional Resources at the end of this guide.)

The Internet raises some unique privacy concerns. Information sent over this vast global network may pass through dozens of different computer systems on the way to its destination. Each of these systems is operated by its own administrator and may be capable of capturing and storing online communications. Furthermore, your online activities can potentially be monitored by your Internet Service Provider (ISP) and by web sites that you visit.

What level of privacy can I expect in my online activity?

Often the level of privacy you can expect from an online activity will be clear from the nature of that activity. Sometimes, however, an activity that appears to be private may not be. There are virtually no online activities or services that guarantee absolute privacy. This guide informs you about ways to maximize the privacy of your online activities and avoid common pitfalls.

Public Activities

Many online activities are open to public inspection. Engaging in these types of activities does not normally create an expectation of privacy. In fact, according to federal law, it is not illegal for anyone to view or disclose an electronic communication if the communication is "readily accessible" to the public (Electronic Communications Privacy Act, 18 USC § 2511(2)(g)(I)).

Newsgroups. For example, a message you post to a public newsgroup or forum is available for anyone to view, copy, and store. In addition, your name, electronic mail (e-mail) address, and information about your service provider are usually available for inspection as part of the message itself.
Most public postings made on the Internet are archived in searchable files, for example, http://groups.google.com. Thus, on the Internet, your public messages can be accessed by anyone at anytime -- even years after the message was originally written. Before you post a message to a public forum, ask yourself if want an employer or family member to be able to read your posting in years to come. (See Additional Resources at the end of this guide.)

Listserves. Other public activities may allow your message to be sent to multiple recipients. Online newsletters and "listserves" are sent to a mailing list of subscribers. If you wish to privately reply to an individual who has posted a message in an online newsletter or listserve, be sure you address it specifically to that person's address, not to the newsletter address. Otherwise, you might find that your message has been sent to everyone on the mailing list.

Subscriber directories. You should not assume that your service account information will be kept private. Most ISPs provide online member directories that publicly list all subscribers to the service. Some of these directories may list additional personal information. Most service providers will allow users to remove their information from these directories upon request. Be aware that some service providers may sell their membership lists to direct marketers.

Domain registration. Many individuals obtain their own website name, called domain names, for example, www.XYZfamily.org. Domain registrations are public information. Anyone can look up the owner of a domain name online by using a service such as WHOIS on the Hacker's Toolbox. To see how easy it is to find out who owns a web address, use this service to check our domain name, www.privacyrights.org. Don’t use personal e-mail or home address information when you register for a personal domain name. Just be sure you can be reached when the service sends you the annual reminder to update the domain name.

"Semi-Private" Activities

The presence of security or access safeguards on forums or services can lead you to believe that communications made within these services are private. Some forums are restricted to users who have a password. While communications made in these forums may initially be read only by the members with access, there is nothing preventing those members from recording the communications and later transmitting them elsewhere.

One example of this kind of activity is the real-time "chat" conference, in which participants type live messages directly to the computer screens of other participants. Often these activities are described as "private" by the service provider. However, chat room users may capture, store, and transmit these communications to others outside the chat service. Additionally, these activities are subject to the same monitoring exceptions that apply to "private" e-mail (see next section). For chat safety tips, visit the Cyber Angels web site at www.cyberangels.org/101/chat/

"Private" Services

Virtually all online services offer some sort of "private" activity that allows subscribers to send personal e-mail messages to others. The federal Electronic Communications Privacy Act (ECPA) makes it unlawful under certain circumstances for someone to read or disclose the contents of an electronic communication (18 USC § 2511). This law applies to e-mail messages.

But, ECPA is a complicated law and contains many exceptions. It makes a distinction between messages in transit and those stored on computers. Stored messages are generally given less protection than those intercepted during transmission. Here are some exceptions to the ECPA:

  • The online service may view private e-mail if it suspects the sender is attempting to damage the system or harm another user. However, random monitoring of e-mail is generally prohibited.
  • The service may legally view and disclose private e-mail if either the sender or the recipient of the message consents to the inspection or disclosure. Many ISPs require a consent agreement from new members when signing up for the service.
  • If the e-mail system is owned by an employer, the employer may inspect the contents of employee e-mail on the system. Therefore, any e-mail sent from a business location is probably not private. Several court cases have determined that employers have a right to monitor e-mail messages of their employees. (See PRC Fact Sheet 7 on employee monitoring, www.privacyrights.org/fs/fs7-work.htm.)
  • Services may be required to disclose private information in response to a court order or subpoena.
  • The USA PATRIOT Act, passed by Congress after the terrorist attacks of September 11, 2001, reduces the checks and balances of ECPA regarding law enforcement access to records about online activity. And it expands the types of records that can be sought without a court order. For additional information about the USA PATRIOT Act, visit the web sites of the Electronic Frontier Foundation, www.eff.org, the Electronic Privacy Information Center, www.epic.org, the Center for Democracy and Technology, www.cdt.org, and the American Civil Liberties Union, www.aclu.org.


To summarize: Your e-mail message may be handled by several different online services during delivery. The administrator of each of these systems may view e-mail under the exceptions to the ECPA, explained above. Law enforcement can access your online records without your consent. Additionally, an e-mail message may be disclosed to the ISP if either the sender or recipient consents.


PART TWO: ONLINE TRACKING AND MONITORING

Can online services track and record my activity?

Yes. Many people expect that their online activities are anonymous. They are not. It is possible to record virtually all online activities, including which newsgroups or files a subscriber accesses and which web sites are visited. This information can be collected by a subscriber's own ISP and by web site operators.

Cookies. When you "surf" the web, many web sites deposit data about your visit, called "cookies," on your hard drive When you return to that site, the cookie data will reveal that you’ve been there before. The web site might offer you products or ads tailored to your interests, based on the contents of the cookie data.

Most cookies are used only by the web site that placed it on your computer. But some, called third-party cookies, communicate data about you to an advertising clearinghouse which in turn shares that data with other online marketers. Your web browser and some software products enable you to detect and delete cookies, including third-party cookies. (For additional information about cookie blocking, see Additional Resources at the end of this guide.)

Web Bugs. A web bug is a graphic in a web site or an "enhanced" e-mail message that enables a third party to monitor who is reading the page or message. The graphic may be a standard size image that is easily seen, or it may be a nearly invisible one-pixel graphic. E-mail messages that include graphic displays like web sites are known as enhanced messages, also called stylized or HTML e-mail. The web bug can confirm when the message or web page is viewed and record the IP address of the viewer. The IP address is a multi-digit number that uniquely identifies a computer or other hardware device (such as a printer) attached to the Internet.

You can defeat web-bugs by reading your email while offline, an option on most email programs. You can also install a software program that detects web bugs. To learn more about web bugs, visit www.bugnosis.org. This site offers a free bug detection program. Many software products that detect and delete third-party cookies are also able to detect web bugs. The latest version of Microsoft Internet Explorer enables users to turn off third-party cookies and disable web bugs.

Marketing uses and "spam". Records of browsing patterns are a potentially valuable source of revenue for online services and commercial web site operators. Direct marketers can use such data to develop targeted lists of online users with similar likes and behaviors. Such data can also lead to unsolicited e-mail, known as "spam." Additionally, browsing data may prove embarrassing for users who have accessed sensitive or controversial materials online.

Browsers. It’s important to be aware of the information transmitted to remote computers by the software you use to browse web sites. The major browsers are Netscape Navigator and Microsoft Internet Explorer.

Most web browsers invisibly provide web site operators with information about your ISP as well as information about other web sites you have visited. Some web browsers, particularly if they have not been updated with security fixes, may be tricked into reporting the user’s default e-mail address, phone number, and other information in the "address book" if the browser also handles your e-mail. (See the demonstration in Additional Resources to learn more about the information transmitted by your browser.)

Privacy policies and web seals. The Federal Trade Commission urges commercial web site operators to spell out their information collection practices in privacy policies posted on their web sites. Most commercial web sites now post policies about their information-collection practices. Look for a privacy "seal of approval," such as TRUSTe (www.truste.org), on the first page of the web site. TRUSTe participants agree to post their privacy policies and submit to audits of their privacy practices in order to display the logo.

Other seals of approval are offered by the Council of Better Business Bureaus (BBB), www.bbbonline.org, the American Institute of Certified Public Accountants, WebTrust, www.cpawebtrust.org, and the Entertainment Software Rating Board, www.esrb.org/privacy.

Workplace monitoring. Individuals who access the Internet from work should know that employers are increasingly monitoring the Internet sites that an employee visits. Be sure to inquire about your employer's online privacy policy. If there is none, recommend that such a policy be developed. (See the PRC Fact Sheet 7 on employee monitoring, www.privacyrights.org/fs/fs7-work.htm, and Fact Sheet 12 on responsible information-handling practices, www.privacyrights.org/fs/fs12-ih2.htm.)

Law enforcement access. In order for law enforcement officials to gain access to subscriber transactional records, they usually must obtain a court order demonstrating that the records are relevant to an ongoing criminal investigation (Communications Assistance for Law Enforcement Act, 18 USC § 2703(d)). This provision prevents "fishing expeditions" by government officials, hoping to find evidence of crimes by accident. But, as described in Section One above, the USA PATRIOT Act, passed into law in November 2001 in the aftermath of the September 11 terrorist attacks, has weakened these provisions.

Can an online services access information stored in my computer without my knowledge?

Yes. Many of the commercial online services such as AOL automatically download graphics and program upgrades to the user's home computer. The subscriber is notified of these activities. But other intrusions are not so evident. News reports have documented that some services have admitted to both accidental and intentional prying into the memory of personal computers. Companies typically explain that they collect information such as users’ hardware, software and usage patterns to provide better customer service.

It is difficult to detect these types of intrusions. You should be aware of this potential privacy abuse and investigate new services thoroughly before signing on. Always read the privacy policy and the service agreement of any online service you intend to use.

Can hackers get into my computer?

An increasing number of users are accessing the Internet via high-speed cable modems and telephone-based DSL connections. When you are using a broadband "always-on" service, you are particularly vulnerable to attacks by hackers. We advise that you install a firewall device that monitors your network activity and allows only the activities you have authorized. You should also check with your provider’s website for instructions on securing your computer by removing unnecessary services and installing security updates to protect your computer. A free firewall software product is provided by Zonelabs, www.zonelabs.com or for $9.95 SYmantec's Norton Personal Firewall.

What is spyware and how can I know if it’s on my computer?

Spyware is any software or hardware device that reports your activity. "Adware" spyware is installed by software companies as an additional source of income. "Monitoring" spyware was originally intended for parents and employers to monitor computer activity, including file access and keystroke logging, to protect against improper usage by children and employees. "Diagnostic" spyware is used by software companies to log errors and usage habits to improve the next generation of software. The user is usually not aware that spyware has been installed – hence, its name. The Additional Resources section at the end of this guide lists programs that locate and remove spyware. What about cybercafes, airports, and other publicly-available Internet terminals?

We advise that you do not use public terminals to access your bank account, check your credit card statement, pay bills, or access any other personally or financially sensitive information. Publicly-available Internet terminals are not likely to be closely supervised to ensure online privacy and security. They are used by many individuals every day. Ask the company that operates the public terminal how often they check their computers for spyware. Find out if they have installed a program that clears Internet caches, deletes cookies, erases surfing history, and removes temporary files. If the program does not automatically activate when users logoff, find out how you can run the program before you end your session.


PART THREE: TIPS FOR SAFEGUARDING YOUR PRIVACY ONLINE

What can I do to protect my privacy in cyberspace?

When you are sitting alone at your computer, "surfing the Net", sending electronic mail messages and participating in online forums, it's easy to be lulled into thinking that your activities are private. Be aware that at any step along the way, your online messages could be intercepted and your activities monitored in the vast untamed world of cyberspace.

1. Your account is only as secure as its password. Create passwords with nonsensical combinations of upper and lower case letters, numbers and symbols, for example tY8%uX. Do not use the same or variations of the same password for different applications. One way to create a password that is easier to remember is to use the first or last letters in a favorite line of poetry. Intermingle these letters with numbers and punctuation marks. "Mary had a little lamb" becomes m*ha2ll or y!dae5b.

Change your password often. Don't let others watch you log in. Don’t print your password on a post-it note and attach it to your video monitor. If you must write down or record your password, take steps to secure or disguise the information.

2. Look for the privacy policy of the online services you use. Most Internet Service Providers (ISP) have adopted privacy policies that they post on their web sites and other user documentation. When you surf the web, look for the privacy policies posted on the web sites you visit. Also look for a privacy "seal" such as TRUSTe or BBBOnline. If you are not satisfied with the policy, or if there is no policy or seal logo posted, avoid using the site.

3. Check your browser’s cookie settings. We’ve come a long way from the days when browsers hid their cookie activity and gave users no options. Now you may accept or reject all cookies, or you may allow only those cookies generated by the website you are visiting. Be aware that when you use cookie management options, you might delete cookies for websites you trust. You may want to set a security level for trusted websites while blocking cookie activity for all others.

4. Shop around. Investigate new services before using them. Post a question about a new service in a dependable forum or newsgroup. Use a search engine such as http://groups.google.com to find archived discussions and newsgroup postings about the service that you are considering. Bad reputations get around quickly in cyberspace. If others have had negative experiences with a service, you should get the message.

5. Assume that your online communications are not private unless you use encryption software. But most encryption programs are not user-friendly and can be inconvenient to use. If you do not use encryption, at least take the following precautions: Do not provide sensitive personal information (phone number, password, address, credit card number, Social Security number, your health information, date of birth, vacation dates, etc.) in chat rooms, forum postings, e-mail messages, or in your online biography.

6. Be cautious of "start-up" software that registers you as a product user and makes an initial connection to the service for you. Typically, these programs require you to provide financial account data or other personal information, and then upload this information automatically to the service. These programs may be able to access records in your computer without your knowledge. Contact the service for alternative subscription methods.

7. Note that public postings made on the Internet are often archived and saved for posterity. It is possible to search and discover the postings an individual has made to Usenet newsgroups and blogs (web logs). (See http://groups.google.com.) Ask yourself if you want an employer, family member, or a marketer to be able to link you to your public postings. Use a pseudonym and a non-descriptive e-mail address when you participate in public forums. Consider obtaining an e-mail address from one of the free web-based e-mail services such as www.hotmail.com or mail.yahoo.com. Create a non-identifying e-mail address and use it when you participate in newsgroups and other public forums.

8. The "delete" command does not make your e-mail messages disappear. They can still be retrieved from back-up systems. Software utility programs can retrieve deleted messages from your hard drive. If you are concerned about permanently deleting messages and other files on your program, you should use a file erasing program such as the freeware program at http://cleanup.stevengould.org or the cleanup features of general utility software such as Norton's (http://www.symantec.com/sabu/ncs/) CleanSweep.

9. Your online biography, if you create one, may be searched system-wide or remotely "fingered" by anyone. If for any reason you need to safeguard your identity, don't create an online "bio." Ask the system operator of your ISP to remove you from its online directory.

10. If you publish information on a personal web page, note that marketers and others may collect your address, phone number, e-mail address and other information that you provide. If you are concerned about your personal privacy, be discreet in your personal web site.

11. Be aware of the possible social dangers of being online: harassment, stalking, being "flamed" (emotional verbal attacks), or "spamming" (being sent unsolicited messages). Women can be vulnerable if their e-mail addresses are recognizable as women's names. Consider using gender-neutral e-mail addresses and pseudonyms.

12. If your children are online users, teach them about appropriate online privacy behavior. Caution them against revealing information about themselves and your family. (See the Additional Resources section at the end for details.)

13. Use only secure web sites when you transmit sensitive personal information over the Internet. When you provide your credit card account number to a shopping site, for example, be sure that the transmission is secure. Look for the unbroken padlock at the bottom right of the screen. Also make sure the web address has the letter ‘s’ after http in the address bar at the top of the page. For additional online shopping tips, read the PRC’s e-commerce guide at www.privacyrights.org/fs/fs23-shopping.htm

14. Be aware that online activities leave electronic footprints for others to see. Your own ISP can determine what search engine terms you use, what web sites you visit, and the dates, times, and durations of your online sessions. Web site operators can often track the activities you engage in by placing "cookies" on your computer. They can learn additional information if they ask you to register on their site. Your web browser also can transmit information to web sites.

You can avoid leaving tracks when you surf the web by using "anonymizing" services. Take advantage of privacy protection tools, often called privacy-enhancing technologies (PET). Discussed here are encryption, anonymous remailers, anonymous surfing services, and storage protection software. You can find Additional Resources at the end of this guide.

Encryption. Encryption is a method of scrambling an e-mail message or file so that it is gibberish to anyone who does not know how to unscramble it. The privacy advantage of encryption is that anything encrypted is virtually inaccessible to anyone other than the designated recipient. Thus, private information may be encrypted and then transmitted, stored, or distributed without fear that it will be read by others. Strong encryption programs such as PGP (Pretty Good Privacy) are available online.

Anonymous remailers. It is relatively easy to determine the name and e-mail address of anyone who sends e-mail or who posts messages on public forums. Anonymous remailers are intermediaries that receive e-mail, strip off all identifying information, then forward the mail to the appropriate address.


Anonymous surfing services. By combining the functions of remailers, disposable email addresses, and proxy servers, these ISP services mask your identity by acting as an agent to transfer data between an Internet website and your browser.

Storage security and protection software. Software security programs help prevent unauthorized access to files on your personal computer. For example, one program encrypts every directory with a different password so only the person who knows the password can open it. These programs may include an "audit trail" that records all activity on the computer's drives. Steganos Security Suite is an example, at www.steganos.com/en/sss/features.htm


PART FOUR: ADDITIONAL RESOURCES

Several nonprofit public interest groups advocate on behalf of online users. They also provide extensive information about privacy issues on their web sites.

  • Center for Democracy and Technology
    1634 I St. N.W. #1100, Washington, DC 20006
    Voice: 202-637-9800.
    E-mail: info@cdt.org.
    Web: www.cdt.org
  • Computer Professionals for Social Responsibility
    P.O Box 717, Palo Alto, CA 94302
    Voice: 415-322-3778
    E-mail: cpsr@cpsr.org
    Web: www.cpsr.org
  • Electronic Frontier Foundation
    454 Shotwell St., San Francisco, CA 94110
    Voice: 415-436-9333
    E-mail: eff@eff.org
    Web: www.eff.org
  • Electronic Privacy Information Center
    1718 Connecticut Ave. N.W., Suite 200, Washington, DC 20009
    Voice: 202-483-1140
    E-mail: info@epic.org
    Web: www.epic.org
  • Privacy Activism
    Voice: 415-225-1730
    E-mail: info@privacyactivism.org
    Web: www.privacyactivism.org
  • Privacy Foundation
    University of Denver, Mary Reed Bldg.
    2199 South University Blvd.
    Denver, CO 80208
    Voice: 303-871-4971
    E-mail: info@privacyfoundation.org
    Web: www.privacyfoundation.org
  • Privacy Rights Clearinghouse
    3100 - 5th Ave., Suite B, San Diego, CA 92103
    Voice: 619-298-3396
    Contact Us: www.privacyrights.org/inquiryform.html
    Web: www.privacyrights.org

The Federal Trade Commission is the federal government’s primary agency for online privacy oversight. Its web site provides a great deal of information on public policy matters as well as consumer tips.

Federal government consumer web site: www.consumer.gov Several public interest groups have sponsored the online Computer Privacy Guide at www.consumerprivacyguide.org. This site offers extensive tips, a glossary of terms, and video tutorials with step-by-step instructions on how to take advantage of privacy settings for the programs you use online.

Free online newsletters discuss a wide variety of cyberspace privacy issues:

  • Computer Privacy Digest: CPD can be read as a Usenet newsgroup, comp.society.privacy. Or to receive CPD via e-mail, send a request to the newsletter's moderator at: comp-privacy-request@uwm.edu. Visit its web site, www.uwm.edu/Org/comp-privacy.
  • Privacy Forum: For subscription information, send an e-mail message to privacy-request@vortex.com. Put the words "subscribe privacy" in the body of the message. Visit its web site at www.vortex.com/privacy
  • Several of the above-listed public interest groups offer free online newsletters with information about legislative issues, the latest news, publications, international topics, and more. You can subscribe to their newsletters at their web sites as follows:

The following web sites contain additional information on online privacy:

Anonymous remailers. For information about anonymous remailers, the following online resource is helpful: "Anonymous Remailers FAQ," compiled by Andre Bacard, www.andrebacard.com/remail.html.

Anonymous surfing. Several commercial services offer anonymous web-surfing tools, including: www.anonymizer.com, www.freedom.net, and www.ultimate-anonymity.com. These services are reviewed at www.Webveil.com.


Children. If your children are online users, request the free brochure, "Child Safety on the Information Highway," from the National Center for Missing and Exploited Children. Phone: 800-843-5678. Web: www.safekids.com.

Learn more about "parental control" software by visiting the web site "Resources for Internet Parents," www.netparents.org.

The Federal Trade Commission offers extensive resources for children and parents. Visit www.ftc.gov/bcp/conline/edcams/kidzprivacy/index.html. To learn more about the Children’s Online Privacy Protection Act, go to www.ftc.gov/privacy/index.html. See also PRC Fact Sheet 21, "Children in Cyberspace" at www.privacyrights.org/fs/fs21-children.htm.

Cookies. To learn more about cookies blockers and other types of online filters, visit cookies.surferbeware.com, www.junkbusters.com, www.consumerprivacyguide.org, www.cookiecentral.com, and www.spamblocked.com/proxomitron.

Demonstration. To see a demonstration of the kind of information that can be captured about your computer via your browser when you surf the web, visit www.privacy.net/analyze.

Encryption. To learn more about the commercial encryption program PGP, visit www.pgp.com. For PGP freeware information visit the MIT Distribution Center at http://web.mit.edu/network/pgp.html and the International PGP Home Page at www.pgpi.org.

Glossary. For a comprehensive dictionary of online terms, visit the Center for Democracy and Technology’s www.consumerprivacyguide.org/glossary. The Privacy Foundation web site also provides a glossary of terms, www.privacyfoundation.org/resources/glossary.asp.

Internet Service Providers. For a directory of ISPs, see Boardwatch’s Directory of Internet Service Providers at www.boardwatch.com/ASP/Search/NationalISP.asp.

Opting out. To opt-out of the sharing of cookie data with advertisers, visit the Network Advertising Initiative web site at www.networkadvertising.org.

Privacy-enhancing technologies. The EPIC web site provides a section on software products that you can use to add extra layers of protection when you surf the web, www.epic.org/privacy/tools.html. Also, visit the Privacy Links page of the Privacy Rights Clearinghouse for more software tools and products, www.privacyrights.org/links.htm.

Search Engines. Search engines include: www.google.com, www.northernlight.com, www.dogpile.com, www.lycos.com and www.yahoo.com. They enable you to find a "needle in the haystack" by searching web sites using subject words, personal names, and organization names. To find public forum postings, visit Google to search a 20-year archive of Usenet postings, http://groups.google.com. The web site www.paml.net provides a search engine for many other mail discussion lists that are not necessarily considered public. Participants of such lists are not always aware that their postings are being archived.

Spam. Find tips on how to reduce unsolicited e-mail messages at spam.surferbeware.com, www.spamcop.net or www.stop-spam.org. The PRC’s Fact Sheet 20 provides a list of additional web sites that provide spam-fighting tips, www.privacyrights.org/fs/fs20-spam.htm. To learn about state spam laws, go to www.spamlaws.com.

Spyware. The Ad-Aware product is a free spyware removal utility that scans your computer’s memory, registry, and hard drives for known spyware components and lets you remove them, www.lavasoftusa.com. Other spyware-fighting tools can be found at the PRC’s links page, www.privacyrights.org/links.htm#tools.

Articles of Interest

Please note: We have provided the names and web addresses of several commercial and freeware products in this guide. Such mention does not imply endorsement.

 

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