3d 501 (S.D.N.Y. Already AI is widespread, appearing in multiple contexts, from medical diagnosis to driving directions to stock trading to social networking to policing. A discussion on a forum called blackhatworld[. More traditional approaches, such as HashCat and John the Ripper, already exist and compare different variations to the password hash in order to successfully identify the password that corresponds to the hash. There is a growing interest in legislation that will impact how companies use AI tools. We confidently predict the cases we report will increase exponentially year over year. The court reasoned that requiring individuals to wait until theyve sustained some compensable injury beyond violation of their statutory rights before they can seek recourse would be antithetical to BIPAs purposes. Kathleen Cahill Slaught (Chair) Liu v. Four Seasons Hotel, Ltd., 2019 IL App(1st) 182645, 138 N.E.3d 201 (Ill. 2019) (noting that simply because an employer opts to use biometric data, like fingerprints, for timekeeping purposes does not transform a complaint into a wages or hours claim). Through the use of AI, cybercriminals can automate the first steps of an attack through content generation, improve business intelligence gathering, and speed up the detection rate at which both potential victims and business processes are compromised. 2016); eResearch Tech., Inc. v. CRF, Inc., 186 F. Supp. Last september, the ACLU filed an amicus brief in a California case that brings to a head a controversy over the use of algorithms and artificial . All rights reserved, Extend Your Team. By Sohini Das By 2030, China plans to become the world's leading country in artificial intelligence (AI). As this is our first installment of the AI Chapter in a burgeoning field, we made some editorial decisions: (i) we included a few cases older than the past year; (ii) unlike other Chapters, we have included cases of note recently filed in the lower courts which we will track in subsequent editions; and (iii) we included legislation and pending legislation in our summary. In general, courts have been reluctant to admit evidence from artificial intelligence devices. The main purposes of an artificially intelligent agent probably involve sensing, modelling, planning and action, but current AI applications also include perception, text analysis, natural language processing (NLP), logical reasoning, game-playing, decision support systems, data analytics, predictive analytics, as well as autonomous vehicles and AI Litigation Database This database presents information about ongoing and completed litigation involving artificial intelligence, including machine learning. 3d 966 (C.D. Legislation to support the development of guidelines for ethical development of artificial intelligence. Artificial intelligence (AI) is a widely discussed topic in many fields including law. "The development of full artificial intelligence could spell the end of the human race." Stephen Hawking The age of artificial intelligence is dawning. Endangering Humanity with the misuse of Artificial Intelligence, Complicity and Aiding in Physical Genocide inside of China by transferring AI Technology, Engaging in Cultural Genocide of Humanity, & Controlling and programming the Human Race by Social Engineering via AI coding and AI algorithmic biometric manipulation . [Fed] Maintaining Am Leadership in AI (Feb 2019). Some say that it's a buzzword that doesn't really mean much. Because of the wide use of the internet and social media, deepfakes can reach millions of individuals in different parts of the world at unprecedented speeds. 16-1307-SLR, 2017 U.S. Dist. Oct. 21, 2020) (denying a motion to disqualify an expert the court concluded was component to testify in a copyright infringement case after having performed an artificial intelligence assisted facial recognition analysis of the plaintiffs mask and the alleged infringing mask). Ct. 2020) (following Wakefield in concluding that, where software was acting as a highly sophisticated calculator, the analyst using the software was still a declarant and the right to confrontation was preserved). Oct. 16, 2018) (determining that protections exist such as protective orders and the Federal Rules of Evidence that prohibit a party from using artificial intelligence to identify non-responsive documents without identifying a cut-off point for some manner of reviewing the alleged non-responsive documents). [Fed] H R Res 153 (Feb 2019). - New Artificial Intelligence (AI) technology is being integrated into all industries. 2020). Our wide catalog of surveillance systems allow us to engineer and install solutions tailored to combat your property's security threats. The 64-page complaint characterizes Google as a "monopoly gatekeeper for the internet" and spells out the reasoning behind the lawsuit in detail, documenting the company's beginning at Stanford. [Fed] FACE Protection Act (July 2019). 2040 Main St., 14th Floor Finally, I want to thank my two colleagues, Adam Aft and Yoon Chae, for their assistance in preparing this inaugural chapter. Vol. Endangering Humanity with the misuse of Artificial Intelligence, Complicity and Aiding in Physical Genocide inside of China by transferring AI Technology, Engaging in Cultural Genocide of Humanity, & Controlling and programming the Human Race by Social Engineering via AI coding and AI algorithmic biometric manipulation . if(currentUrl.indexOf("/about-shrm/pages/shrm-china.aspx") > -1) { Heard v. Becton, Dickinson & Co., 2020 U.S. Dist. AI can also be abused to manipulate cryptocurrency trading practices. 101 California Street AI in the courts. See, e.g., Darty v. Columbia Rehabilitation and Nursing Center, LLC, 2020 U.S. Dist. In 2018, my proposed legislation, The AI Data Protection Act, was formalized into a House of Representatives Draft Discussion Bill. They track and protect endangered wildlife in the African landscape. [WA] Guidelines for Govt Procurement and Use of Auto Decision Systems (Jan 2019). Fineman, Krekstein & Harris, P.C. Restrict federal government from using a facial recognition technology without a court order. 1:19-cv-02906 (TNM), 2020 U.S. Dist. AI and ML technologies have many positive use cases, including visual perception, speech recognition, language translations, pattern-extraction, and decision-making functions in different fields and industries. It states that there have been numerous cases of people being treated unjustly due to AI misuse, such as being denied social security benefits because of faulty AI tools or arrested because of. Adam C. Buck 1696-2017) required the creation of a task force for providing recommendations on how information on agency automated decision systems may be shared with the public and how agencies may address situations where people are harmed by such agency automated decision systems. The court expressly acknowledged that one day courts may have to determine whether machine learning and artificial intelligence resulted in software altering itself and inserting an arbitration clause after the fact. 3d 393 (D. Del. Prohibiting a person or entity from providing the operation of a voice recognition feature within the state without prominently informing the user during the initial setup or installation of a smart speaker device. 2016); Norberg v. Shutterfly, Inc., 152 F. Supp. The plaintiff alleged trademark infringement based on the defendants Prisma photo transformation app. The court determined the plaintiff showed it was likely to succeed on the merits of its trade secret misappropriation claims where it developed source code and algorithms for autonomous vehicles over 18 months with investments of over $45M and restricted access to its code base to on-site employees or employees who use a password-protected VPN. In contrast, the Court of Appeals held that a violation of 15(b) (requiring private entities make certain disclosures and receive informed consent from consumers before obtaining biometric identifiers and information) of BIPA did result in a concrete injury (plaintiffs loss of the power and ability to make informed decisions about the collection, storage and use of her biometric information) and she, therefore, had standing and her claim could proceed in federal court. Endangering Humanity with the misuse of Artificial Intelligence, Complicity and Aiding in Physical Genocide inside of China by transferring AI Technology, Engaging in Cultural Genocide of Humanity, & Controlling and programming the Human Race by Social Engineering via AI coding and AI algorithmic biometric manipulation Artificial intelligence (AI) is a widely discussed topic in many fields including law. Aerotek, Inc. v. Boyd, 598 S.W.3d 373 (Tex. [Fed / NIST] US Leadership in AI (Aug 2019). Learn how SHRM Certification can accelerate your career growth by earning a SHRM-CP or SHRM-SCP. }); if($('.container-footer').length > 1){ This might be helpful to a person with an injury or disability who needs help writing a letter, but it could also be used fraudulently. Hughes Hubbard & Reed LLP Div. How Cybercriminals Misuse and Abuse AI and ML, Malicious Uses and Abuses of Artificial Intelligence, a deepfake video of former US president Barack Obama, Diving Into End-to-End Deep Learning for Cybersecurity, Trend Micro Cloud App Security Report 2019, Foreseeing a New Era: Cybercriminals Using Machine Learning to Create Highly Advanced Threats, Credential Harvesting Campaign Targets Government Procurement Sites Worldwide, Faster and More Accurate Malware Detection Through Predictive Machine Learning: Correlating Static and Behavioral Features, The Gender-Equal Cybercriminal Underground, Understanding Ransomware Using Data Science, LockBit, BlackCat, and Royal Dominate the Ransomware Scene: Ransomware in Q4 2022, Leaked Today, Exploited for Life: How Social Media Biometric Patterns Affect Your Future, 5G and Aviation: A Look Into Security and Technology Upgrades Working in Tandem, An Analysis of Azure Managed Identities Within Serverless Environments, Using Custom Containers in Serverless Environments for Better Security, Mirai Variant Spotted Using Multiple Exploits, Targets Various Routers, A Look Into the Most Noteworthy Home Network Security Threats of 2017, View the 2023 Trend Micro Security Predictions, Exploiting AI: How Cybercriminals Misuse and Abuse AI and ML. [Fed] GrAITR Act (Apr 2019). [IL] AI Video Interview Act (effective Jan 2020). (May 2019). (1).MISUSE OF ARTIFICIAL INTELLIGENCE, CYBERNETICS, ROBOTICS, BIOMETRICS, FACIAL RECOGNITION, BIOENGINEERING, BIOTECHNOLOGY, 5G, 6G, AND QUANTUM COMPUTING TECNNOLOGY, ENDANGERING ALL THE WORLDS PEOPLE (2).ENDANGERING THE HUMAN RACE WITH THE MISUSE OF ARTIFICAL INTELLIGENCE TECHNOLOGY, BUILDING AGI-ASI SYSTEMS The court concluded that the National Security Commission on Artificial Intelligence is subject to both the Freedom of Information Act and the Federal Advisory Committee Act. Defendant had signed a confidentiality and noninterference agreement. Aug. 29, 2017); Power Analytics Corp. v. Operation Tech., Inc., No. SecurityWeek spoke to Sohrob Kazerounian, brother of the Kazerounian involved in the CFHC case, and himself AI research lead at Vectra AI. One Battery Park Plaza 31st Floor . As applications of artificial intelligence, including machine learning, continue to be deployed in a myriad of ways that impact our health, work, education, sleep, security, social interaction, and every other aspect of our lives, many critical questions do not have clear cut answers yet. In 2021, the ABA will publish my book which is designed to be an AI field guide for business lawyers. Cases where the harm is alleged to have been caused by AI-based computers or systems ask the court to unravel novel technology and apply ill-fitting case law to make determinations of liability. Therefore, the court granted the plaintiffs motion for preliminary injunction with certain modifications (namely, limiting the applicability of the non-compete provision to the field of autonomous vehicle technology for one year because the Court determined that autonomous vehicle technology is a small and specialized field that is international in scope and, therefore, a global restriction was reasonable). Facial recognition systems are entering public spaces without any clear accountability or oversight. Privacy Info. AI-enabled crimes . 12 (2d Cir. Man-made intelligence is also known as AI which brings up quite a few issues for courts and judges. Companies, counsel, and the courts will, at times, struggle to grasp technical concepts and apply existing law in a uniform way to resolve business disputes. For example, we omitted several patent cases directed to subject-matter eligibility that we felt did not substantiate additional insight to those we have presented in this Chapter. CASE SUMMARY FACTS. In reviewing the Third Circuits likelihood of confusion factors, the court considered the competition and overlap factor. Due to the nature of the underlying technology and the complexity of facial recognition, the subject matter necessarily involve issues of algorithmic/artificial intelligence. Please log in as a SHRM member. The court concluded that, while plaintiff broadly describes both apps as distributing photo filtering apps, the record demonstrates that defendants app analyzes photos using artificial intelligence technology and then redraws the photos in a chosen artistic style, resulting in machine generated art. La. The Artificial Intelligence Video Interview Act, which will take effect in Illinois on Jan. 1, 2020, illustrates the shifting legal landscape that AI will bring. "But they didn't know how to get started, from both a technological perspective and a legal perspective.". Stone, Pigman, Walther, Wittmann, L.L.C. Your session has expired. Facebook moved to dismiss plaintiff users complaint for lack of standing on the ground that the plaintiffs hadnt alleged any concrete injury as a result of Facebooks facial recognition technology. Search and download FREE white papers from industry experts. Bill S 847 (Mar. Salt Lake City, UT 84111 Cory Booker, D-N.J., and Ron Wyden, D-Ore., is the Algorithmic Accountability Act of 2019, which calls on the Federal Trade Commission to establish rules for evaluating "highly sensitive" automated systems. Byeongsook, Co-Editors Lee Applebaum On an underground forum post from February 2020, we found a GitHub repository that features a password analysis tool with the capability to parse through 1.4 billion credentials and generate password variation rules. As James Williams points out in his book Stand Out of Our Light: At "fault" are more often the emergent dynamics of complex multiagent systems rather than the internal decision-making dynamics of a single individual. AI, a subfield of computer science that is interconnected with other disciplines, promises greater efficiency and higher levels of automation and autonomy. Newman said many companies are already using AI in the applicant-selection process, but he thinks there will be widespread use of AI tools to assess worker performance. There are also clients currently embroiled in litigation. Request a Free Site Design The adoption of artificial intelligence. In March of this year, law firm Paul Hastings launched an AI practice group to help clients deploying AI-driven services and products. [CA] Res on 23 Asilomar AI Principles (Sep 2018). An artificial intelligence system has correctly predicted the outcomes of hundreds of cases heard at the European Court of Human Rights, UCL researchers have claimed. document.head.append(temp_style); You may be trying to access this site from a secured browser on the server. There were no qualifying decisions by the United Sates Supreme Court. else if(currentUrl.indexOf("/about-shrm/pages/shrm-mena.aspx") > -1) { Artificial intelligence (AI), the development of computer systems to perform tasks that normally require human intelligence, such as learning and decision making, has the potential to transform and spur innovation across industry and government. Baker, Editor Walter Fritz Metzinger Sys. SPV Paul Raj v. The Chief of Electoral Officer and Anr. L1 Aside from these, AI could also be used to harm or inflict physical damage on individuals in the future. With few AI-related cases issued to date, we can expect that courts (or parties) in future cases will look to examples of AI-related claims and cases as provided by the USPTO, at least for guidance. analytical processes. Cal. } Because of the potential malicious use of AI-powered deepfakes, it is therefore imperative for people to understand how realistic these can seem and just how they can be used maliciously. ]com discusses the possibility of creating an Instagram bot that would be able to create fake accounts, generate likes, and run follow-backs. Seattle,, Editor Byeongsook Seo Bryant v. Compass Group USA, Inc., 958 F.3d 617 (7th Cir. Artificial intelligence and automation are responsible for a growing number of decisions by public authorities in areas like criminal justice, security and policing and public administration, despite having proven flaws and biases. In fact, AI-powered facial recognition drones carrying a gram of explosive are currently being developed. Add this infographic to your site:1. CFPB warnings of bias in AI could spook lenders. Among these tools is an AI-based software that can analyze a large dataset of passwords retrieved from data leaks. Press Ctrl+C to copy. To request permission for specific items, click on the reuse permissions button on the page where you find the item. Commn on Artificial Intelligence, No. [1] As noted in our introduction, we made certain judgment calls with respect to which cases to include. Like many companies and organisations, courts are being transformed by digitisation. Developing machine learning algorithms with information that consists of inherent bias and implementing a system built by people with their own biases may lead to a court case involving evidence of discrimination that is hard for employers to fight, said Elliot Dinkin, chief executive officer of Cowden Associates, a Pittsburgh-based HR consulting firm. Our process begins with an on-site evaluation of your property to identify vulnerabilities and problem areas that need to be protected. The court concluded that the plaintiff had a strong likelihood of success on the merits of its breach of contract claim. Artificial Intelligence can help reduce pendency of cases, increase efficiency of judiciary. Legal studies scholars, particularly in the domain of technology and internet law, have expressed their hopes and concerns regarding AI. Tucker Ellis LLP Abstract Neither members nor non-members may reproduce such samples in any other way (e.g., to republish in a book or use for a commercial purpose) without SHRMs permission. Kazerounian believes that the detection and response type of AI used in many cybersecurity products is largely immune to the inclusion of bias that plagues other domains. But before its adoption in the legal system, challenges related to privacy, data protection and other ethical issues must be addressed. 4. Artificial intelligence gets its day in court. Recently, numerous states have begun experimenting with the use of artificial intelligence (AI) as a tool to predict the risk of recidivism for criminal defendants and to consider that assessment at sentencing. Respond to Threats Agilely, Internet Safety and Cybersecurity Education. This project aims to study v. Clickfox, Inc., 207 F. Supp. Through this AI-supported impersonation, cybercriminals can then monetize the malicious system to generate fraudulent streams and traffic for a specific artist. Plaintiff brought suit alleging violation of BIPA. Additionally, I am the host of the ABAs AI.2day Podcast. Artificial Intelligence (AI) seems to be catching the attention of a large section of people, no doubt because of the infinite possibilities [] Please purchase a SHRM membership before saving bookmarks. More information about the technology behind deepfakes, other misuses and abuses of ML- and AI-powered technologies, and our prediction of how these technologies could be abused in the future can be found in our research paper. [Somerville, MA] City ordinance was passed to ban the use of facial recognition technology by government agencies (July 2019). Generally, "artificial intelligence" is the term used to describe how computers can perform tasks normally viewed as requiring human intelligence, such as recognizing speech and objects, making decisions based on data, and translating languages. 1200 17th Street, Suite 1900 Prohibiting owners of certain federally assisted rental units from using facial recognition, physical biometric recognition, or remote biometric recognition technology in any units, buildings or grounds of such project. 111 S. Main Street, Suite 2100 LEXIS 94926 (S.D.N.Y. Sevatec, Inc. v. Ayyar, 102 Va. Cir. As a new piece of the Artificial Intelligence series of the Budapest Centre for Mass Atrocities Prevention, this paper offers an insight on how the Israeli authorities apply tools of Artificial Intelligence (AI) in the Occupied Palestinian Territories by . One of the more popular abuses of AI are deepfakes, which involve the use of AI techniques to craft or manipulate audio and visual content for these to appear authentic. With the use of neural networks and Generative Adversarial Networks (GANs), however, cybercriminals would be able to analyze vast password datasets and generate password variations that fit the statistical distribution. [SF and Oakland, CA] City ordinances were passed to ban the use of facial recognition software by the police and other government agencies (June, July 2019). A notable example is facial recognition. This is why it remains urgent to gain an understanding of the capabilities, scenarios, and attack vectors that demonstrate how these technologies are being exploited. There were no qualifying decisions within the Eleventh Circuit. So I was thrilled when the Section agreed that the Annual Review should include a new Chapter devoted entirely to AI. While AI and ML can support businesses, critical infrastructures, and industries as well as help solve some of societys biggest challenges (including the Covid-19 pandemic), these technologies can also enable a wide range of digital, physical, and political threats to surface. AI-enabled crimes of high concern: Deepfakes; driverless vehicles as a weapon; tailored phishing; disrupting AI-controlled systems; large-scale blackmail; AI-authored fake news. SA CV 19-1425-DOC-KES, 2019 U.S. Dist. Ill. 2018); Rivera v. Google Inc., 238 F. Supp. In a recent interview, Sam. Researchers at University College London have developed a machine algorithm that can learn a person's handwriting and replicate it with frightening accuracy. Principal, Litigation Chair of North America Trade Secrets Practice Baker McKenzie 600 Hansen Way Palo Alto, CA 94304 (650) 856-5509 [emailprotected], Partner, IPTech Co-Chair Global Technology Transactions Baker McKenzie 300 E. Randolph St., Suite 5000 Chicago, IL 60001 (312) 861-2904 [emailprotected], Senior Associate, IPTech Baker McKenzie 1900 N. Pearl Street, Suite 1500 Dallas, TX 75201 (214) 965-7204 [emailprotected]. LEXIS 139056 (N.D. Cal. Force v. Facebook, Inc., 934 F.3d 53 (2d Cir. As HR managers use artificial intelligence (AI) to make recruiting decisions, evaluate employee performance, and decide on promotions and firings, HR executives should know that several law. Some enterprises, with the help of ML- and AI-powered tools, are able to build highly profitable businesses such as Amazon, which reached a trillion-dollar business valuation in 2018. 2019) (concluding no violation of the confrontation clause where the creator of artificial intelligence software was the declarant, not the sophisticated and highly automated tool powered by electronics and source code); see also People v. It is highly likely that cybercriminals will turn to AI with the goal of enhancing the scope and scale of their attacks, evading detection, and abusing AI both as an attack vector and an attack surface. The Budapest Centre is proud to share its latest policy paper Misuse of Artificial Intelligence: Occupied Palestinian Territories.Case study. LEXIS 95208 (N.D. Ill. June 1, 2020) (concluding that parties made an agreement to arbitrate because defendant provided reasonable notice of its terms of service to users by requiring users to give consent to its terms when they first opened the app and when they signed up for a free subscription plan, but the BIPA violation claim alleged by the plaintiff was not within the scope of the parties agreement to arbitrate because the Exceptions to Arbitration clause excluded claims for invasion of privacy). Williams-Sonoma, Inc. v. Amazon.com, Inc., No. This goal is mostly pursued through a specific technology called 'machine learning' that makes predictions by evaluating case files, both procedural documents and the associated judicial decisions. Plaintiff employer alleged defendant former employee breached his contractual obligations by terminating his employment with the plaintiff and accepting a job with Samsung in the same line of business. 17-1387, 2018 U.S. Dist. See, e.g., Kaavo Inc. v. Amazon.com, Inc., 323 F. Supp. A program used by the United States court system, Correctional Offender Management Profiling for Alternative Sanctions (COMPAS), was found to mistakenly label Black defendants as likely to reoffend - erroneously flagging them at a rate of 45% compared to 24% of white people. Artificial Intelligence (AI) is used in cyber security to quickly analyze millions of events and identify numerous types of threats, such as malware that exploits zero-day vulnerabilities and malicious software that may lead to phishing attacks. Library Ass'n (539 U.S. 194 (2003)) in which a plurality of the Court upheld the constitutionality of filtering software that libraries had to implement pursuant to the . [Fed] No Biometric Barriers to Housing Act (July 2019). An example of this is an alleged deepfake video that features a Malaysian political aide engaging in sexual relations with a cabinet minister. . Nixon Peabody LLP An underground forum discussion on Instagram bots. As HR managers use artificial intelligence (AI) to make recruiting decisions, evaluate employee performance, and decide on promotions and firings, HR executives should know that several law firms are preparing for what they believe is inevitable: AI-related lawsuits. . Dorsey & Whitney, LLP 2019). )(jmr) - PacerMonitor Mobile Federal and Bankruptcy Court PACER Dockets May 2, 2019) (denying Amazons motion to dismiss Williams-Sonomas service mark infringement case noting it would not be plausible to presume that Amazon conducted its marketing of Williams-Sonomas products without some careful aforethought (whether consciously in the traditional sense or via algorithm and artificial intelligence)). Enterprises and organizations are facing a period of transition and uncertainty malicious actors will hunker down and reuse tried-and-tested tools and techniques.View the 2023 Trend Micro Security Predictions, In our midyear security roundup, we highlight the most significant security stories that made a considerable impact on the threat landscape in the first half of 2022 amid a diffused labor pool and a widening digital attack surface.View the report, Privacy | Legal | Accessibility | Site map, Copyright 2023 Trend Micro Incorporated. [NY] Prohibits Use of Facial Recog. WeRide Corp. v. Kun Huang, 379 F. Supp. "Companies realized that they had all these sources of data and wanted to know how they could capture and extract value from that data in ways that make them have a competitive edge," Tobey said. Together with machine learning (ML) a subfield of AI that analyzes large volumes of data to find patterns via algorithms enterprises, organizations, and governments are able to perform impressive feats that ultimately drive innovation and better business. , MA ] City ordinance was passed to ban the use of facial recognition, subject. And other ethical issues must be addressed Google Inc., 186 F. Supp to harm or inflict damage. Free Site Design the adoption of artificial intelligence: Occupied Palestinian Territories.Case study Aug 2019 ) through this AI-supported,. Technology without a court order can learn a person 's handwriting and it... 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Becton, Dickinson & Co., 2020 U.S. Dist the defendants Prisma transformation! Clear accountability or oversight perspective and a legal perspective. `` thrilled when the Section agreed that the alleged... Really mean much spaces without any clear accountability or oversight by earning a SHRM-CP or SHRM-SCP court!, promises greater efficiency and higher levels of automation and autonomy [ Fed ] Act. When the Section agreed that the plaintiff alleged trademark infringement based on the server to Sohrob Kazerounian brother. Byeongsook Seo Bryant v. Compass group USA, Inc. v. Amazon.com, Inc., 207 F. Supp widespread, in. Heard v. Becton, Dickinson & Co., 2020 U.S. Dist courts and.... 153 ( Feb 2019 ) of artificial intelligence: Occupied Palestinian Territories.Case study ) { Heard Becton. ; Norberg v. Shutterfly, Inc., 186 F. Supp without a court order, subfield. 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