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Consent of the Governed, Where Art Thou?

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22 minute read

From the Brownstone Institute

BY Robert MaloneROBERT MALONE  

The essay was prompted by a midnight Saturday evening Zoom call with a Canadian physician who was pleading for me to help intervene with the Canadian authorities overseeing the “vaccine” campaign.

I am often asked some form of the question “What caused you to come out of the closet and start criticizing the vaccines?” On a related note, when interviewed by a reporter from the infamous Atlantic August 2021 hit piece, Stan Gromkowski (a former Vical colleague of mine) prophetically opined, “He’s fucking up his chances for a Nobel Prize.”

The answer to this persistent question is nicely summarized in the first essay which I wrote in objection to what was being done, titled “COVID Vaccine Deployment under EUA: It’s time we stop and look at what’s going down.” published in Trial Site News on May 30, 2021 (three months before the defamatory Atlantic attack). I guess that article struck a nerve, because it currently has over 19,000 likes; pretty good for an article on a specialty paid site targeting the clinical research industry.

The essay was prompted by a midnight Saturday evening Zoom call with a Canadian physician who was pleading for me to help intervene with the Canadian authorities overseeing the “vaccine” campaign. This specific physician later had his office raided and office computers damaged by the Canadian government for prescribing early treatment and writing vaccine exemptions, and has now being required to submit to the Canadian government re-education and contrition program for his sins if he wishes to retain the ability to practice medicine, just as has been required of Jordan Peterson. But that was all in the future.

Talking until midnight Saturday, he had described what was being done in Canada to force toxic COVID “vaccines” on an unwitting population including children, imploring me to somehow intervene with Health Canada to stop the madness. I told him I did not have the necessary connections, and there was nothing much I could do to help.

Waking early the following Sunday, I realized there was something I actually could do to advance his cause. I could dip into my extensive training in bioethics and write about the fundamental breaches of established biomedical ethics that were going on in Canada, and would soon migrate to USA, Australia, New Zealand, the United Kingdom, and across the western “democracies.”

The following is the core of my argument back then (May 2021), which I assert has withstood the test of time much better than the notorious Atlantic hit piece published three months later.

I believe that adult citizens must be allowed free will, the freedom to choose. This is particularly true in the case of clinical research. These mRNA and recombinant adenovirus vaccine products remain experimental at this time. Furthermore, we are supposed to be doing rigorous, fact-based science and medicine. If rigorous and transparent evaluation of vaccine reactogenicity and treatment-emergent post-vaccination adverse events is not done, we (the public health, clinical research and vaccine developer communities) play right into the hands of anti-vaxxer memes and validate many of their arguments.

The suppression of information, discussion, and outright censorship concerning these current COVID vaccines which are based on gene therapy technologies cast a bad light on the entire vaccine enterprise. It is my opinion that the adult public can handle information and open discussion. Furthermore, we must fully disclose any and all risks associated with these experimental research products.

In this context, the adult public are basically research subjects that are not being required to sign informed consent due to EUA waiver. But that does not mean that they do not deserve the full disclosure of risks that one would normally require in an informed consent document for a clinical trial. And now some national authorities are calling on the deployment of EUA vaccines to adolescents and the young, which by definition are not able to directly provide informed consent to participate in clinical research – written or otherwise.

The key point here is that what is being done by suppressing open disclosure and debate concerning the profile of adverse events associated with these vaccines violates fundamental bioethical principles for clinical research. This goes back to the Geneva convention and the Helsinki declaration.

There must be informed consent for experimentation on human subjects. The human subjects – you, me, and the citizens of these countries – must be informed of risks. As a community, we have already had a discussion and made our decision – we cannot compel prisoners, military recruits, or any other population of humans to participate in a clinical research study. For example, see the Belmont report, which provided the rationale for US federal law Code of Federal Regulations 45 CFR 46 (subpart A), referred to as “The Federal Policy for the Protection of Human Subjects” (also known as the “Common Rule”).

Quoting from the Belmont Report:

“Informed Consent. — Respect for persons requires that subjects, to the degree that they are capable, be given the opportunity to choose what shall or shall not happen to them. This opportunity is provided when adequate standards for informed consent are satisfied.

While the importance of informed consent is unquestioned, controversy prevails over the nature and possibility of an informed consent. Nonetheless, there is widespread agreement that the consent process can be analyzed as containing three elements: information, comprehension and voluntariness.”

Information, comprehension, and voluntariness. To my eyes, it appears that in many regions public health leadership has stepped over the line and is now violating the bedrock principles which form the foundation upon which the ethics of clinical research are built. I believe that this must stop. We must have transparent public disclosure of risks – in a broad sense – associated with these experimental vaccines. It is either that, or the entire modern bioethical structure which supports human subjects research will have to be re-thought.

This was not a major intellectual leap. It was a simple restatement of the training in clinical research bioethics which I had received and which had been repeatedly reinforced over the prior decade. No big deal, except that few if any were willing to make such a statement at that time. Long before the infamous Dark Horse or Rogan podcasts.

The failure to disclose the risks of the gene therapy-based COVID vaccines by the US and other “Western” governments became widespread, chronic, and well-documented. Fast forwarding to the present, on December 22, 2023 investigative journalist Greg Piper of the alternative “Just The News” published yet another chapter in the abundant library of documented government withholding of key information concerning COVID genetic “vaccine” harms.

Misinformation for thee, not me? FDA had similar concerns as COVID vaccine skeptics, docs suggest

FOIA production shows the agency wasn’t impressed by Pfizer’s plan to mitigate “endotoxins,” complained about insufficient cleaning in manufacturing, and had no basis to claim post-vax heart inflammation was rare.

If an outsider raises questions about contamination of COVID-19 vaccines or how closely the Food and Drug Administration monitors for severe adverse events, the agency considers it a boon to misinformation that lowers vaccine uptake and hence kills people.

If the FDA itself raises these issues, that’s a different story…

The FDA documents, some heavily redacted under the FOIA exemption for trade secrets, show less daylight than may be thought between the agency and critics of federal COVID policy such as Florida Surgeon General Joseph Ladapo.

Mr. Piper went on to summarize a range of recent freedom of information act and court-ordered document disclosures which clearly demonstrate a systematic and intentional failure by the US Government to properly inform the public of the risks associated with accepting gene therapy-based COVID “vaccine” products.

  • The CDC had no scientific research to back its public claim in January that people can safely get their COVID, flu, and monkeypox vaccines “at the same time.”
  • “Peter Marks, director of the FDA’s Center for Biologics Evaluation and Research, didn’t just tell Florida Surgeon General Joe Ladapo last week his concerns about DNA contamination were “quite implausible” but also shamed him for feeding what he considered misinformation that will cause preventable deaths. Yet an Aug. 6, 2021 email to Pfizer from CBER Senior Regulatory Review Officer Mike Smith about “endotoxins” – potential contaminants introduced in pharmaceutical manufacturing – shows the feds had similar concerns as they considered full approval for Pfizer’s Comirnaty.”
  • “A month before then-acting FDA Commissioner Janet Woodcock told the media that post-vaccination heart inflammation “appears to be very low,” a CBER “surveillance” scientist made clear that the leader was not relying on the agency’s own data. Joyce Obidi reviewed how well CBER’s Sentinel Program, created under a 2007 law to monitor drug safety through electronic healthcare data, could “evaluate the serious risk for myocarditis and pericarditis” following Pfizer COVID vaccination in recipients 16 and older, the first population authorized for emergency use. “Post-authorization safety data identified serious risks for myocarditis and pericarditis after COMIRNATY, with increased risk in males under 30 years of age,” Obidi wrote in the May 18, 2021, memo, which is also buried in the agency’s 246-document public folder on materials related to Comirnaty’s approval.”
  • Obidi also stated that “Available data sources in the CBER Sentinel Program are NOT sufficient to identify the outcomes of myocarditis and pericarditis” and not “sufficiently powered to assess the magnitude of risk” for ages 12-30. She wrote. The program would need a minimum of 3-6 months follow up data to check for “long-term sequelae,” and it cannot study subclinical myocarditis “because of the absence of a definition of subclinical myocarditis and unknown background incidence of troponin abnormalities,” according to Obidi. Sentinel’s data sources at full approval of Comirnaty did not have “sufficient power to assess the magnitude of risk in patients 12-30 years of age” and hence cannot assess the “serious risks of myocarditis and pericarditis, and subclinical myocarditis” associated with the vaccine.”
  • “In another May 18, 2021, memo reviewing Pfizer’s proposed pharmacovigilance plan for its vaccine, Analytic Epidemiology Branch Medical Officer Deborah Thompson evaluated the company’s claim that “vaccine-associated enhanced disease” is just a “theoretical risk.” She cited Vaccine Adverse Events Reporting System reports of deaths in “fully vaccinated” patients at that early stage of vaccination. “Severe manifestations and death from COVID-19 raise the possibility” of VAED because it has “overlapping clinical manifestations with natural SARS-CoV-2 infection, making it difficult to differentiate VAED from severe” infection in VAERS reports.”
  • Despite assurances otherwise from Peter Marks in his letter to the Florida Surgeon General, major manufacturing process good practices were breached. “In a Form 483 to Pfizer following inspections that uncovered possible or actual product adulteration, FDA investigators made 13 observations about procedures at Pfizer’s Andover, Massachusetts, manufacturing facility. They include “insufficient data to support product quality prior to the release” of vaccine batch FA8057. The observation says “a deviation [redacted] was initiated due to the multiple control limit excursions during [redacted]” and the “affected batch was manufactured with a process that deviated from the validated process parameters” and was “not put on stability until July 22, 2021.” It was released on a redacted date. An observation on “inadequate quality oversight” implies that Pfizer was late in adding a notation to a batch record that        “[redacted] exceeded the allowable [redacted].” The company’s quality assurance does not review “electronic data/reports” from a redacted manufacturing process “during batch record review or prior to batch release.” <Note: No clinical trial I have ever been involved in has been associated with an FDA 483 warning letter. This is no small matter.>
  • Just the News asked the FDA prior to publication of this report on 22 December for its characterization of the FOIA-disclosed and related documents in light of Marks’ comments to Ladapo about feeding misinformation. A spokesperson responded two days later, saying the agency was working to provide an answer. As of 27 December, the FDA still has not provided a response.

At this point, the burden of publicly available documentation clearly demonstrates multiple examples of intentional breaches of informed consent by both the US government and the pharmaceutical industry manufacturers of these products. It is difficult to dispute that the US government and the pharmaceutical industry sponsors are colluding in a public-private partnership to suppress information concerning risks of these products. Likewise, there has been an agreement between the UK and US governments to suppress disclosure of information concerning risks and adverse events associated with these products.

In a normal, historic regulatory and bioethical environment, this breach of international bioethical norms concerning informed consent would rise to the level of a clear-cut crime against humanity. But in the “through the looking glass” world of COVID post-late 2019, established legal, moral, and ethical norms concerning patient and citizen rights to proper informed consent have all been turned upside down. All of these clear-cut breaches ostensibly being actively “justified” by mockingbird media, the massive censorship-industrial complex, and government officials as being in service of the public interest and the greater good.

The western Five Eyes alliance participants, deferring to the leadership of the US government, are all acting in coordination and cooperation to disregard and hide the implications and consequences of their illegal and unethical actions. This is being justified based on the following oft-repeated catechism, each element of which is demonstrably false or opposed to established Western bioethical consensus:

  1. COVID-19, the disease caused by infection with SARS-CoV-2, is highly pathogenic with a case fatality rate of 3.4 %. <The actual case fatality rate was approximately 0.02% when this disease was first “modeled” in 2020 and is much lower now>
  2. The gene therapy-based COVID-19 “vaccines” are safe and effective, are effective as prophylactics, are effective in preventing infection and spread of COVID-19 disease, and if taken by a sufficient fraction of the population <a moving goalpost> can be used to achieve herd immunity. <all of these previous claims are now clearly demonstrated unsupported falsehoods>
  3. The gene therapy-based COVID-19 “vaccines” are effective at preventing severe disease and death from SARS-CoV-2, and have saved 14 million lives. <this 14 million lives saved claim turns out to be based on flawed mathematics, and all cause mortality data analysis indicates something more like 17 million lives lost globally due to the products>
  4. Fully disclosing actual risks, morbidity and mortality data concerning the COVID-19 genetic vaccines will result in “increased vaccine hesitancy” and avoidable harm due to reduced “vaccine” (booster) uptake. <at this point in the outbreak, multiple data sources indicate that acceptance of boosters is associated with “negative effectiveness,” meaning that after a 2-3 month lag period (shorter in some studies) you are more likely to suffer death or severe COVID-19 disease – and other diseases- if you accept injection with these products than if you do not.>

This fourth point is a clear-cut example of flawed logic. Flawed both in terms of the data on morbidity, mortality, and immune imprinting, as well as flawed bioethical reasoning.

Think this through with me. The essence of the statement is essentially the governments’ assertions that “if the public knew about the risks that we know about, then they would choose not to accept those risks based on their assessment of the effectiveness of the product and the clinical risks of infection with the virus. Therefore there would be much more avoidable disease, disability, and death from COVID-19 than would be saved from vaccine products not administered.”

And on the basis of this ill-logic, governments and Pharma are withholding adverse event data, and thereby are unilaterally making medical decisions for sovereign individuals and their children. This is what we have come to. The ultimate embodiment of the nanny state, with corporatist allies. The State knows best, and will withhold medical information from the public which would cause members of that public to question its wisdom and decision-making.

Basically, the State is asserting that it has the right to sentence you to increased risk of death and disease by purchasing (using tax dollars), mandating (vaccines for children program), distributing, enticing, and marketing an injectable product while censoring or defaming (using modern psychological warfare technologies) any and all who disagree or even have the temerity to question the decisions and rights of the State to do so.

Republished from the author’s Substack

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  • Robert Malone

    Robert W. Malone is a physician and biochemist. His work focuses on mRNA technology, pharmaceuticals, and drug repurposing research. You can find him at Substack and Gettr

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Alberta

Canadian Christian chiropractor fights ‘illegal’ $65,000 fine for refusing to wear mask

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From LifeSiteNews

By Anthony Murdoch

Dr. Curtis Wall went against the College of Chiropractors of Alberta’s COVID mask mandate in 2020 and the organization has been pursuing disciplinary action ever since.

The legal team for Dr. Curtis Wall, a Canadian chiropractor who was recently fined $65,000 by his medical college for not wearing a mask in 2020 despite the fact public health orders last year were nullified by a court, has vowed to fight the “illegal” fine, saying that Wall was targeted because he is a “Christian man of integrity and principle.”

“Dr. Wall should not pay any fines or costs when the public health orders he was charged with not following have been declared void by the courts,” said Wall’s legal team, Liberty Coalition Canada (LCC), in a press release.

“He is a Christian man of integrity and principle — attributes that make him a target for government overreach in the era of COVID.”

Wall was practicing in Calgary in 2020 when the COVID crisis was gearing up, went against Alberta’s public health orders and chose not to wear a mask during patient visits. Many of his patients also decided to not wear masks during their visits, which quickly drew the ire of College of Chiropractors of Alberta, which had mandated that all chiropractors wear masks.

Wall, who has been seeing patients for the last 25 years with a pristine record, was then targeted by the College, which tried to strip him of his license to practice. The College was unable to strip Wall of his license and he continued to practice, sans mask in 2021 and 2022.

In 2021, the College had brought against Wall, as per the LCC, “a long list of charges of unprofessional conduct against Dr. Wall, most of which related to Dr. Wall not wearing a mask while treating patients and permitting his patients to not wear a mask.”

Wall was then brought before a disciplinary hearing Tribunal to mediate his case, which went well into 2022, and had placed a publication ban on all “identities of all witnesses,” including Wall’s.

James Kitchen, Wall’s lawyer from the LCC, was successful in getting the publication ban lifted, as the LCC noted due to the College “wishing to avoid likely defeat before the courts” regarding keeping the ban in place.

Fined chiropractor says college did not recognize his ‘Christian convictions’

The Tribunal’s decision noted the LCC is “riddled with errors of fact and law and is so poorly decided it is an embarrassment to the chiropractic profession.”

Wall spoke with LifeSiteNews and observed that while in his point of view he does not feel his fines and costs imposed on him by the college “are a direct result of my Christian faith,” he did note that the tribunal did “not recognize my honest Christian convictions as a valid reason for my not wearing a mask.”

“They put placed no merit in the argument that as a Christian I believe I am created in the image of God,” Wall said.

“My face is an expression of Him. Having man arbitrarily mandate that I cover my face is an affront to that expression and signifies that I am living in the fear of man, not by faith.  So, in all, I don’t feel directly persecuted as a Christian, but certainly indirectly.”

Wall told LifeSiteNews that in his opinion the college could have “handled this issue much differently.”

“There must always be room for exceptions to a rule. I did present a doctor’s note to verify my inability to wear a mask. They did not place any weight on that note. They blamed me for ‘self-diagnosing’ my problem,” Wall said.

“Number one, I’m a doctor. I think eight years of schooling has given me some wisdom to diagnose my own signs and symptoms. Number two, if someone eats a peanut and their throat swells shut, can they not diagnose themselves and stay away from nuts? It’s not a problem to self-diagnose.”

Wall said that despite his legal team presenting four expert witnesses to demonstrate “the obvious inadequacy and lack of efficacy in mask-wearing, not to mention the harms as well,” the college “did not cite the record once in their verdict.”

He noted that “common sense, science and past and present studies overwhelmingly demonstrate” the lack of efficacy regarding mask-wearing.

The LCC noted that although both Kitchen and Wall hoped for an “unbiased decision from the tribunal,” they knew it was more “likely the tribunal members would lack the courage to oppose the government’s COVID narrative by accepting the scientific evidence masks are utterly ineffective at preventing the transmission of COVID and harmful to wearers.”

“Nonetheless, it is shocking the lengths the tribunal went to dismiss the evidence of Dr. Wallthree of his patients, and his four expert witnesses while blithely accepting all the evidence of the College.”

Wall’s charges laid despite a recent court ruling nullifying all Alberta COVID health orders

According to LCC, the charges brought against Wall show that the College of Chiropractors of Alberta has “ignored the law” relating to non-criminal COVID-era charges handed out in the province.

As reported by LifeSiteNews before, last year a judge from Alberta ruled that politicians violated the province’s health act by making decisions regarding COVID mandates without authorization. This ruling came from the Alberta’s Court of Kings Bench’s Ingram v. Alberta decision, which put into doubt all cases involving those facing non-criminal COVID-related charges in the province. In effect, the ruling struck down and nullified all health orders issued by Dr. Deena Hinshaw, Alberta’s former chief medical officer of health.

As a result, multiple people facing charges, such as Dr. Michal Princ, pizzeria owner Jesse Johnson, café owner Chris Scott, and Alberta pastors James Coates, Tim Stephens, and Artur Pawlowski who were jailed for keeping churches open under then-Premier Jason Kenney, have had COVID charges against them dropped due to the court ruling.

The Alberta’s Court of Kings Bench’s Ingram v. Alberta decision put into doubt all cases involving those facing non-criminal COVID-related charges in the province.

As a result of the court ruling, Alberta Crown Prosecutions Service (ACPS) said Albertans facing COVID-related charges will likely not be convicted but instead have their charges stayed.

However, last year, the College, and of important note after the Ingram ruling, ordered Wall to pay $65,000 in fines and costs “under threat of immediately losing his license to practice if he does not pay,” the LCC said.

Chiropractor’s lawyer to fight fine tooth and nail

According to the LCC, the College’s new complaints director said she will enforce the tribunal’s court-defying order and mandate Wall pay the $65,000.

Because of this, Kitchen submitted an application to the College “to prevent this injustice” against Wall, the LCC noted.

“The Application will be heard on June 21. It will be heard virtually and is open to public, although the College has erected a number of barriers to people attending its hearings. For one, people must register with the hearings director and must do so many days in advance,” he told LifeSiteNews.

“The Tribunal elected to ignore the Ingram decision despite issuing its decision over two weeks after Ingram was released by the Court.”

Kitchen noted that the Tribunal had a lawyer advising it who was being paid some $700 an hour. He told LifeSiteNews that “Tribunals can do whatever they want and often do.”

“Only if the affected person takes further legal action can they hold the Tribunals accountable. And even then, that’s very difficult because the first appeals are to the councils of the Colleges, which almost always rubber stamp whatever the Tribunals decide. Real accountability isn’t had until the impugned professional is able to reach the Court of Appeal, which of course takes years and an enormous amount of funding for lawyer fees,” Kitchen said.

Kitchen is working Wall’s case at discounted rates and noted that high legal costs in such cases dealing with tribunals, who can drag things on for years, to him appear to be a tactic the Colleges count on for “avoiding accountability.”

The LCC estimates the College, which is funded through payments from all chiropractors, paid some $600,000 in legal fees to fight Wall.

“LCC asks supporters to donate toward Dr. Wall’s case so he and Mr. Kitchen can hold the College of Chiropractors of Alberta accountable and bring an end to the unjust persecution of Dr. Curtis Wall. Liberty Coalition Canada is assisting Dr. Wall with his legal expenses through the Legal Defense Fund.”

Kenney quit after losing the confidence of his United Conservative Party (UCP) members for backtracking on his promise to not impose a COVID vaccine passport. Under Kenney, thousands of businesses, notably restaurants and small shops, were negatively impacted by severe COVID restrictions, mostly in 2020-21, that forced them to close their doors for a time. Many never reopened. At the same time, as in the rest of Canada, big box stores were allowed to operate unimpeded.

Under Kenney, thousands of nurses, doctors, healthcare and government workers lost their jobs for choosing to not get the jabs, leading Premier Danielle Smith to say – only minutes after being sworn in – that over the past year the “unvaccinated” were the “most discriminated against” people in her lifetime.

Recently, LifeSiteNews reported on how Alberta-based Rath & Company is in the process of putting together a class-action lawsuit against the Alberta government on behalf of many business owners in the province who faced massive losses or permanent closures from what it says were “illegal” COVID public health orders enacted by provincial officials.

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Censorship Industrial Complex

Quebec court greenlights class action suit against YouTube’s COVID-related content censorship

Published on

From LifeSiteNews

By Didi Rankovic

The lawsuit, led by video blogger Éloïse Boies, argues YouTube violated freedom of expression under the Charter of Human Rights and Freedoms by censoring COVID-related content.

A class action lawsuit against YouTube’s censorship of COVID-era speech on the platform has been allowed to proceed in Canada.

The primary plaintiff in the case which has now been greenlit by the Quebec Superior Court is YouTuber Éloïse Boies, while the filing accuses the Google video platform of censoring information about vaccines, the pandemic, and the virus itself.

A copy of the order can be found HERE.

READ: Elon Musk skewers Trudeau gov’t Online Harms bill as ‘insane’ for targeting speech retroactively

Boies, who runs the “Élo Wants to Know” channel, states in the lawsuit that three of her videos got removed by YouTube (one of the censored videos was about… censorship) for allegedly violating the website’s policies around medical disinformation and contradicting World Health Organization and local health authorities’ COVID narratives of the time.

However, the content creator claims that the decisions represented unlawful and intentional suppression of free expression. In February, Boies revealed that in addition to having videos deleted, the censorship also branded her an “antivaxxer” and a “conspiracy theorist,” causing her to lose contracts.

The filing cites the Charter of Human Rights and Freedoms as the document YouTube violated, while the class-action status of the lawsuit stems from it including any individual or legal entity in Quebec whose videos dealing with COVID got censored, or who were prevented from watching such videos, starting in mid-March 2020 and onward.

Google, on the other hand, argues that it is under no obligation to respect the Charter of Human Rights and Freedoms, and can therefore not be held accountable for decisions to censor content it doesn’t approve of – or as the giant phrased it, provide space for videos “regardless of their content.”

But when Superior Court Judge Lukasz Granosik announced his decision, he noted that freedom of expression “does not only mean freedom of speech, but also freedom of publication and freedom of creation.”

Google was ordered to stop censoring content because it contradicts health authorities, WHO, or governments, pay $1,000 in compensation, and $1,000 in punitive damages to each of the lawsuit’s plaintiffs, as well as “additional compensation provided for by law since the filing of the request for authorization to take collective action, as per the court’s decision.”

As for those who were prevented from accessing content, the decision on damages will be the subject of a future hearing.

Reprinted with permission from Reclaim The Net.

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