Quotulatiousness

November 22, 2017

A damned odd canary in this particular coal mine

Filed under: Government, Media, Technology, USA — Tags: , , , — Nicholas @ 05:00

Megan McArdle on the imminent demise of the FCC’s “Net Neutrality”:

The internet will be filled today with denunciations of this move, threats of a dark future in which our access to content will be controlled by a few powerful companies. And sure, that may happen. But in fact, it may already have happened, led not by ISPs, but by the very companies that were fighting so hard for net neutrality.

Consider what happened to the Daily Stormer, the neo-Nazi publication, after Charlottesville. One by one, hosting companies refused to permit its content on their servers. The group was forced to effectively flee the country, and then other countries, too, shut it down.

Now of course, these are not nice people. Their website espoused vile hate. But the fact remains that what they were publishing was not illegal, merely immoral, and their immoral speech was effectively shut down by a small number of private companies who decided to exercise their considerable control over what we’re allowed to read. And what is to stop them from expanding this decision to other categories, forcing the rest of us to conform to Silicon Valley’s idea of what it is moral and right for us to see?

Fifteen years ago, when I started blogging, it was common to hear that “the internet interprets censorship as damage and routes around it.” You don’t hear that so often anymore, because it’s not true. China has proven very effective at censoring the internet, and as market power has consolidated in the tech industry, so have private firms.

Meanwhile, our experience of the internet is increasingly controlled by a handful of firms, most especially Google and Facebook. The argument for regulating these companies as public utilities is arguably at least as strong as the argument for thus regulating ISPs, and very possibly much stronger; while cable monopolies may have local dominance, none of them has the ability that Google and Facebook have to unilaterally shape what Americans see, hear, and read.

In other words, we already live in the walled garden that activists worry about, and the walls are getting higher every day. Is this a problem? I think it is. But that doesn’t mean that the internet would get better if Google and Facebook and Apple and Amazon were required to make every decision with a regulator hanging over their shoulder to decide whether it was sufficiently “neutral.”

November 21, 2017

Scaling back the Imperial Presidency

Filed under: Government, Liberty, USA — Tags: , , , — Nicholas @ 03:00

The US government was explicitly set up with clear separation of powers, to ensure that too many powers are not drawn together to create a potential tyranny. For over 100 years, the office of the President has been granted, or taken without challenge, more and more of the powers that the founders had intended to be kept separate. Many Democrats were horrified to discover just over a year ago that those powers could be inherited by a man they believed totally unfit for the job (and even some Republicans agreed). However, Donald Trump may be the first president in living memory to actually devolve power back to Congress:

Donald Trump did not campaign for president as the guy who would reverse the mostly unbroken, century-old trend of the executive power assuming more and more power in the face of an increasingly self-marginalizing Congress. If anything, the imperial presidency looked set to increase given Trump’s braggadocious personality and cavalier approach to constitutional restraints. “Nobody knows the system better than me,” he famously said during his worryingly authoritarian Republican National Convention speech, “which is why I alone can fix it.”

You wouldn’t know it from viewing policy through the prism of the president’s Twitter feed, which is filled with cajoling and insult toward the legislative branch, but Trump has on multiple occasions taken an executive-branch power-grab and kicked the issue back to Congress, where it belongs. As detailed here last month, the president has taken this approach on Iran sanctions, Obamacare subsidies, and the Deferred Action Against Childhood Arrivals program (DACA), at minimum. And notably, his one Supreme Court nominee, Neil Gorsuch, was most famous pre-appointment for rejecting the deference that courts have in recent decades given to executive-branch regulatory agencies interpreting the statutory language of legislators.

Are there any other examples? Sure — the 15 regulatory nullifications this year via the Congressional Review Act (14 more than all previous presidents combined) are definitionally power-transfers from the executive to legislative. And certainly, the sharp decreases in the enactment, proposal, and even page-count of regulations amount to the administration declining to exercise as much power as its predecessors.

Josh Blackman also looks at this unexpected phenomenon:

Our Constitution carefully separates the legislative, executive, and judicial powers into three separate branches of government: Congress enacts laws, which the president enforces and the courts review. However, when all of these powers are accumulated “in the same hands,” James Madison warned in Federalist No. 47, the government “may justly be pronounced the very definition of tyranny.” The rise of the administrative state over the last century has pushed us closer and closer to the brink. Today, Congress enacts vague laws, the executive branch aggrandizes unbounded discretion, and the courts defer to those dictates. For decades, presidents of both parties have celebrated this ongoing distortion of our constitutional order because it promotes their agenda. The Trump administration, however, is poised to disrupt this status quo.

In a series of significant speeches at the Federalist Society’s national convention, the president’s lawyers have begun to articulate a framework for restoring the separation of powers: First, Congress should cease delegating its legislative power to the executive branch; second, the executive branch will stop using informal “guidance documents” that deprive people of the due process of law without fair notice; and third, courts should stop rubber-stamping diktats that lack the force of law.

Executive power is often described as a one-way ratchet: Each president, Democrat or Republican, augments the authority his predecessor aggrandized. These three planks of the Trumpian Constitution — delegation, due process, and deference — are remarkable, because they do the exact opposite by ratcheting down the president’s authority. If Congress passes more precise statues, the president has less discretion. If federal agencies comply with the cumbersome regulatory process, the president has less latitude. If judges become more engaged and scrutinize federal regulations, the president receives less deference. Each of these actions would weaken the White House but strengthen the rule of law. To the extent that President Trump follows through with this platform, he can accomplish what few (myself included) thought possible: The inexorable creep of the administrative leviathan can be slowed down, if not forced into retreat.

November 20, 2017

The Gunfighter (Best Short Film Ever) 1080p HD

Filed under: Humour, Media, USA — Tags: , — Nicholas @ 02:00

Tanvir Akhtar
Published on 1 Jul 2014

In the tradition of classic westerns, a narrator sets up the story of a lone gunslinger who walks into a saloon. However, the people in this saloon can hear the narrator and the narrator may just be a little bit bloodthirsty.

Director: Eric Kissack https://vimeo.com/79306807
Writer: Kevin Tenglin
The Narrator (voice): Nick Offerman

Stars:
Scott Beehner … Tommy Henderson
Shawn Parsons … The Gunfighter
Brace Harris … Johnny Henderson
Eileen O’Connell … Sally
Jordan Black … Sam
Timothy Brennen … Bill Jessup
Travis Lincoln Cox … Elijah Jessup
Schoen Hodges … Gabriel Jessup
Circus-Szalewski … Ned Schilling (as Circus Szalewski)
Chet Nelson … Farmer Valentine
Keith Biondi … John McCullers

WINNER Audience Award for Best Short Film – LA Film Fest
Best of the Fest Selection – Palm Springs Short Fest
Official Selection – Cleveland International Film Fest
Official Selection – Seattle International Film Fest
Official Selection – Traverse City Film Festival
Official Selection – Woods Hole Film Festival

H/T to Jordan Heron for the link.

November 19, 2017

The case for a “social” statute of limitations

Filed under: Randomness, USA — Tags: , , , — Nicholas @ 03:00

Megan McArdle recounts a few incidents and wonders if it’s rational or fair to apply today’s social rules to interactions that happened years or decades ago:

These events, after all, took place at least two decades ago. In some cases, cultural norms really have changed. I’d be shocked now to hear a really dirty joke told at work, but in my early twenties, I don’t recall even being mildly nonplussed. I’m not saying that the norms of those workplaces were right, but I am saying that the men who told them did not have mens rea: the knowledge that they were doing something wrong. And in general, it’s a bad idea to punish people for trespassing against rules they didn’t know. Or rules that didn’t exist.

But even if they had known, I still wouldn’t be eager to out and punish them now. I did a lot of things decades ago that I regret, and I would hate to be held accountable for them now as if they’d happened last week. And since I hope to grow and change a bit in the coming decades, I’d also hate to be punished in some far tomorrow for the norms — or even the folly — of today.

So it seems worth asking whether we need some sort of statute of limitations on these kinds of offenses in our culture, not just in our laws. It would not be a blanket pardon for anyone who manages to go unreported through the five- or 10-year mark. It would be a mitigating factor in deciding how to respond in the present to actions from another time: autre temps, autre moeurs.

The question when confronted with reports of decades-old misdeeds is not “Would this guy be a creep if he did this today?” Better to ask: “Was he better or worse than his environment?” And also: “Is there reason to believe he might have changed since then?”

Some cads and criminals would fail all these tests. And if the offense was last year, or if the accused attempts to intimidate the victim or explain away the transgression, then the answer to those questions is probably “No.” But if a man shamefacedly confesses that he made a mistake decades ago, through bad understanding or bad judgment, just how far are we willing to go in shunning him? To the same extreme we would for a recent, remorseless, serial offender?

If so, how many of us are willing to live under that standard — in which the sins of our distant past are ripe for litigation at any moment? In which the court of public opinion issues the same summary judgment immediately after every accusation? In which every defendant’s reputation and contributions are discarded into the same garbage heap, no matter what the age or nature of the offense?

QotD: The Clintons

Filed under: Humour, Politics, Quotations, USA — Tags: , , — Nicholas @ 01:00

The Clintons? Hillary got rich, Bill got laid, republican virtue got screwed. Like the sickly leaders of late-Soviet politburos, both appear older and feebler than their years: once the star performer of the double-act, Bill staggers around like the Blowjob of Dorian Gray; the life has all but literally been sucked out of him. His straight-woman, once the reliably stolid, stone-faced Margaret Dumont of his cigar-waggling routine, now has to be propped up on street bollards and fed lines by her medical staff. When she shuts down and she’s out cold, who’s driving the pantsuit? Huma? Cheryl? Podesta? Bill and Hillary have been consumed by their urges. America would be electing the Walking Dead, insatiable and fatal to the touch, but utterly hollow.

Mark Steyn, “Hollow E’en”, Steyn Online, 2016-11-01.

November 18, 2017

Legalize Medically-Assisted Sex: Keep Government Out of Bedrooms and Wheelchairs

Filed under: Health, Law, Liberty, USA — Tags: — Nicholas @ 04:00

ReasonTV
Published on 17 Nov 2017

We should all be adults about sex and not deprive the disabled of services from which they’d benefit.

——

Nine out of 10 doctors agree sex is good for you, or at least better for you than smoking. But what happens if you have a disability that makes it difficult to engage in sex, or find a sexual partner in the first place? Enter sex surrogates, professionals who help the disabled work through their sexual problems (in large part by having sex with them). Although there’s a case to be made for the medical, if not psychological, benefits sex surrogates provide, they’re operating in a legal gray area.

In the latest Mostly Weekly, host Andrew Heaton makes the case that we should all be adults about sex and not deprive the disabled of services from which they’d benefit.

“Mostly Weekly” is hosted by Andrew Heaton with headwriter Sarah Rose Siskind.
Script by Sarah Rose Siskind with writing assistance from Andrew Heaton and Brian Sack.
Edited by Austin Bragg and Siskind.
Produced by Meredith and Austin Bragg.
Theme Song: Frozen by Surfer Blood.

November 17, 2017

Is There Any Cheese in Cheez Whiz? (And the Story of Kraft)

Filed under: Business, Cancon, Food, History, USA — Tags: , — Nicholas @ 02:00

Today I Found Out
Published on 5 Nov 2017

In this video:

As America gets ready for their upcoming Super Bowl parties (or Royal Rumble party, if that’s your thing), Cheez Whiz – the yellowish-orange, gooey, bland tasting “cheese” product – will surely make an appearance at some of them. But what is Cheez Whiz? Why did get it invented? And is there really cheese in Cheez Whiz?

Want the text version?: http://www.todayifoundout.com/index.php/2015/01/cheese-cheez-whiz/

November 15, 2017

Ignorance of the law … is inevitable, because there are so many laws

Filed under: Law, Liberty, USA — Tags: , , — Nicholas @ 03:00

We’ve all heard the old saying that “ignorance of the law is no excuse”, but there has been such massive growth in the number and scope of laws in the last couple of generations that even the people who work in the legal field can’t possibly keep up. What chance do average citizens have to ensure they aren’t accidentally falling afoul of unknown (and for all practical purposes, unknowable) legal traps?

“Because I said so.” “Life isn’t fair.” “Ignorance of the law is no excuse.” These are some of the great cop-outs of all time, and the last one is particularly troubling in a country with so many laws that it is impossible to count — let alone read — them all. When was the last time you sat down with a complete set of the federal, state, and local codes setting forth the tens of thousands of criminal violations for which you could be sent to jail? If you answered “never,” you’re in good company. Nevertheless, America’s judges still cling to the proposition that it’s perfectly fine to lock people up for doing something they had no idea was illegal. But it’s not fine, and the justifications for that palpably unfair rule have only grown more threadbare with time.

Laws Are Not Even Countable, Much Less Knowable

Things have gotten so bad that even an act as innocent as sharing a Netflix password or a bank website password with a family member could potentially carry criminal penalties if the website disallows password sharing. The Computer Fraud and Abuse Act of 1986 bans intentionally accessing a computer “without authorization,” and the Supreme Court has recently declined to hear a case from the Ninth U.S. Circuit Court of Appeals, United States v. Nosal, that held that password sharing could be prohibited by the Act. Although the majority opinion did not explicitly mention innocent password sharing, the dissent noted that the lack of any limiting principle meant that the majority’s reasoning could easily be used to criminalize a host of innocent conduct.

One rationale for the maxim that ignorance of the law is no excuse was to give people an incentive to educate themselves about legal requirements. But as any law student will attest, one can study those requirements for years and barely scratch the surface. Another rationale was to prevent people from escaping criminal penalties by claiming ignorance, even when they actually knew they were breaking the law. That might have made sense in ancient times when there were only a few dozen crimes on the books and all of them involved morally blameworthy conduct like murder, arson, or rape.

But today the law has grown so complicated, and the relationship between law and morality so attenuated, that these supporting rationales no longer make sense. There have been multiple attempts to count the number of federal crimes, including by the Department of Justice, and no one has yet succeeded. Title 18 of the United States Code, which governs crimes and criminal procedure, has over 6,000 sections, and it is estimated that there are more than 4,500 federal crimes and over 300,000 agency regulations containing criminal penalties. And of course, this does not include the dizzying array of state and local criminal codes, ignorance of which is practically assured but still not excused.

In 2009, Harvey Silverglate wrote Three Felonies a Day: How the Feds Target the Innocent. That was long enough ago that three is almost certainly an under-estimate by now … there are so many more laws and regulations that have been added (or “enhanced”) since then.

November 14, 2017

Paradise, the Fall, and the Second Coming … Marxist style

Filed under: Politics, Religion, USA — Tags: , , , — Nicholas @ 03:00

In the latest Libertarian Enterprise, Sarah Hoyt draws a few parallels between traditional Christian beliefs and modern-day progressive ones:

First, I’m going to say that this is to an extent the result of self-selection that has nothing to do with politics.

The left has a narrative that is a just so story. It is, as was pointed out here, in the comments, a Christian heresy, but one that caters to fake “rationalism.” What I mean is that the narrative of the leftist/communist/socialist story includes all the comforting high points of Christianity but avoids the opprobrium of “superstition” cast by enlightenment onto traditional Christianity.

Leftism, whatever they call it, has its roots in Marxism, and Marxism offers a comforting view of paradise (primitive times, when property was communal and blah blah blah. If the flavor is feminist, it was communal property and ruling matriarchs) fall (we discovered something that changed us. These days it’s fashionable in academic circles to blame agriculture, which apparently was no good, very bad, terrible for us, even though, you know, it allowed us to colonize the Earth and have a vast and varied population. In the seventies it was war. There are as many candidates for the liberal sin that caused human fall, as there is for the Christian sin, and honestly, none of them make a heck of a lot of sense) and redemption (here it’s different from Christian redemption, where each individual redeems himself, but the species can’t be redeemed till the second coming. Um… scratch that. Perhaps not that different. It is assumed that the evils of the human species are because we are not designed to live in “capitalism” which these dodos seem to think is any kind of trade or hierarchy. They actually do call monarchies “capitalist” even absolute monarchies. And because we are distorted and made “evil” by this structure, when the communist state withers away into a perfect classless, communal society, we’ll be redeemed, as surely as by the second coming. Frankly, at least the second coming is more plausible from a scientific point of view. At least it doesn’t require a bloated, totalitarian state to behave in ways that no totalitarian, bloated state ever behaved. And while our species might have no experience of the Son of the Creator returning again in full glory this time to rule over us, we do have endless experience of totalitarian states.)

However, all of this mystical belief is dressed up in “science.” History is taught with the idea that it has an arrow and the arrow leads inevitably to collectivism, and because they only teach select portions of history, the poor kids are convinced of it.

This is partly what I meant by self-selected. The people who tend to gravitate left, PARTICULARLY those older than say 25, are the GOOD kids. This is something that is rarely appreciated, and poor things, they view themselves as daring rebels. It’s sort of pathetic, actually. (Having grown up in a village, I’ve had a great chance to observe human nature, and one of the inevitable funny twists of the human mind is that the most flexible of humans like to think themselves steadfast and inflexible. The kindest flatter themselves they’re cruel. Meek women think they’re termagants. I’m not sure why, really. It just seems to be an invariable part of the human “package.”)

They’re the people who went to school and listened really well, and answered what the teachers wanted to hear. They’re the ones who internalized lessons, and explanations, and the ones who want to have a system in which to integrate everything they learn. Everything has to “fit” in their world view.

I kind of understand that because I too like “grand unified theories.” It’s just that after the age of fourteen, I started discovery too many things that didn’t fit anything they’d taught me.

November 12, 2017

The Great Ships Ironclads Documentary

Filed under: History, Military, Technology, USA — Tags: , , , , — Nicholas @ 04:00

History Of Wars
Published on 6 Sep 2016

With their menacing dark silhouettes belching fire and smoke, the Ironclad warships of the mid 19th century burst onto the naval scene like hulking metal monsters. Combining iron plating, steam propulsion and the biggest and most powerful guns afloat, the Ironclads represented a radical advance over all previous warships.

The great “bitter versus sweet” war

Filed under: Food, Health, Randomness, Science, USA — Tags: — Nicholas @ 03:00

Megan McArdle is trapped behind enemy lines in the latest outbreak of the great taste war:

At this point I should put my cards on the table: Geographically and demographically, I belong in bitter country. But I am an exile-in-residence, because bitter foods make me wince.

I mean that literally. Really bitter things — a Negroni, say — produce in me a physical aversion that is close to pain. Black coffee I find merely extraordinarily unpleasant, and hoppy beer is just barely endurable. If I really had to endure it. Say, if consuming a bottle of IPA were the only way to save a busload of orphans who had been kidnapped by a beer snob.

Given where I live here in Washington, DC, and my known interest in food, the presumption of the bitter evangelists is that I must simply need re-education. I have been subjected to many hours of lectures on how I just need to clear my palate from all the sweet garbage I’m used to, so that I can appreciate the subtle joys of bitterness. I have refrained from suggesting that they hold still while I teach them to enjoy the subtle joys of being repeatedly kicked in the shins.

For over years of learning about food — and living with a bitter-loving craft cocktail enthusiast — I’ve come to realize that my aversion to bitter foods is almost certainly genetic. The Romans who coined the adage “de gustibus non est disputandum” were righter than they knew; science now tells us that there is indeed no sense arguing over taste, because you’re not going to change someone’s genome. Many seemingly mystifying divides over foods like cilantro come from the fact that some people have taste receptors that others don’t. If you have no receptors for the “soapy” compound in cilantro, this herb adds a marvelously tangy note to a dish. If you have those receptors, anything cooked with it tastes like Irish Spring en cocotte.

In my case, I probably have more bitter receptors than most people, so that a drink my husband finds intriguingly astringent would hit me like a punch to the tongue. I can no more get over my instinct to spit out bitter foods than he could get over his instinct to take his hand off a hot stove.

November 7, 2017

“Paying for” tax cuts

In the latest issue of the Libertarian Enterprise, L. Neil Smith explains why he isn’t a fan of the notion that tax cuts need to be “paid for”:

I am not an economist, nor do I play one on TV, but I know a hand-job when I see one. The mindless mutants who are mangling Donald Trump’s tax plans are dragging this nation and the world into a Da-Daesque vortex we may never get out of. (Only a “progressive” Democrat would stomp a man’s legs, break them in a dozen places, and then make fun of him because he can’t walk.) While lowering almost everybody’s taxes, they want a special bracket appended to the deal to punish people with a million dollars or more to “pay for” everybody else’s tax relief. My question, in an era when government takes too much away from us already, why the bloody hell should it be allowed to steal more?

Even from people who are supposedly hated by the “masses”? (I seriously doubt it. “The Democrat Party masses, more likely. Most right-wing masses — if there is such a thing — aspire to become millionaires, themselves.)

Half a century ago, when I was a shiny new Objectivist warrior, jousting with various statist orcs and trolls on the left, a major concern of theirs seemed to be the big, luxurious houses that rich people built for themselves or bought and lived in. Somehow, there was something evil or sinful in that — “conspicuous consumption” one famous comtard called it — and it needed to be stopped. It didn’t ever seem to have occurred to these feeble-minded pickpockets (who had likely never done an honest day’s work in their worthless lives) that the construction of a big, luxurious house (today, we call them McMansions) requires the skilled services of dozens, if not hundreds, of earth-movers, concrete-workers, framers, finish carpenters, glazers, roofers, plumbers, sheet-rock guys, landscapers, etc., most of whom have families to feed, clothe, and house, themselves.

They need rich people to build big, luxurious houses for.

In general, there are few, if any, ways the most malign “malefactor of great wealth” can spend his money without benefitting someone who needs a job. Even cocaine has to be cultivated and processed by somebody. This lesson was learned the hard way back in 1990 when Idiot-in-Chief George 41 Bush broke his “read my lips” promise and allowed a punitive “luxury tax” to be levied on yachts, big, expensive cars, and assorted other keen stuff like that. Hundreds of jobs were lost. Thousands suffered. One company went from 220 workers to 50 overnight. Within two years those who had stirred up class envy the most energetically were calling for repeal of this “hate the rich” tax. In the same way, millionaires’ money would fly overseas in an instant and vanish from our struggling economy.

November 6, 2017

Oregon sets new standard in authoritarian oversight over teens

Filed under: Government, Law, USA — Tags: , , — Nicholas @ 05:00

Amy Alkon reacts to a report about a new Oregon state law that goes a long way to remove agency and personal autonomy from teenagers in the state:

The latest is a story from Oregon, from The Daily Caller, where Eric Owen reports that public school teachers must now inform the government when they find out a teenager has had sex. No, we’re not talking about sex with some adult predator, but sex with another teen — consensual sex with another teen.

    Teachers in the Salem-Keizer school district face fines and can even lose their jobs if they fail to blow the whistle on teen students who are voluntarily having sex with each other, reports the Statesman Journal, the main newspaper in Salem.

    The draconian requirements also require teachers in the district to report teen students who might have had consensual sex.

    …The state law — ORS 163.315 — makes it illegal for anyone who is under 18 years of age to consent to a sex act.

The Statesman Journal story by Natalie Pate does say this:

    Another Oregon law, ORS 163.345, or the “three-year rule,” addresses when the individuals are similar in age and force and coercion are not present. This often is thought of as “consensual” activity.

    While this law can be applied in criminal proceedings, it does not apply to mandatory reporting.

The problem is that when laws are passed, laws can be used.

The government has no business telling people under 18 that they aren’t allowed autonomy over their own bodies.

So high school teachers are now legally required to report to state authorities even the suspicion that a teen in their classes has had sex. Police officers and social workers can then go to that school and investigate the student (one can easily imagine how traumatic that might be…). There’s no indication how long or under what conditions these “sex files” will be kept or accessed. Talk about fearing that something was going to go on your “permanent record”!

QotD: Bud Grant’s football philosophy

Filed under: Football, Quotations, Sports, USA — Tags: , , — Nicholas @ 01:00

… you have to remember one thing: Football is entertainment; it’s not life or death. Once the game is over, you’re already talking about next year and the draft. It’s just entertainment. It’s like going to a play: When it’s over, you walk out the door and it’s over. There are no residuals to it. You’ve got to start all over again. If winning or losing is going to define your life, you’re on a rough road.

Bud Grant, quoted in “‘If Winning or Losing Is Going to Define You, You’re on a Rough Road'”, The MMQB with Peter King, 2016-02-01.

November 4, 2017

Desperate Mayors Compete for Amazon HQ2

Filed under: Business, Economics, Government, Humour, USA — Tags: , , , — Nicholas @ 04:00

ReasonTV
Published on 3 Nov 2017

Local politicians clash as they try to lure Amazon’s new headquarters to their towns.
——–
Cities across the country want Amazon HQ2 and the 50,000 jobs promised to come with it. Some municipalities are offering big incentives. When New Jersey puts $7 billion in tax credits on the table, how can small-town mayors compete? By really screwing taxpayers.

Written and performed by Austin Bragg and Andrew Heaton. Produced and edited by Bragg.

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