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Decentralized Democracy

House Hansard - 92

44th Parl. 1st Sess.
June 20, 2022 11:00AM
  • Jun/20/22 6:51:29 p.m.
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I am sorry. I am not going there on that point of order. I have already ruled on that, not just with you now, but also with the hon. member for Mission—Matsqui—Fraser Canyon. I ruled on this earlier. You are trying to challenge the Chair, and that is not acceptable. We only have time for a brief question. The hon. member for Beauport—Côte‑de‑Beaupré—Île d'Orléans—Charlevoix.
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  • Jun/20/22 6:51:58 p.m.
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  • Re: Bill C-11 
Madam Speaker, I will try to be brief. I congratulate my colleague on his speech and for talking to us about people like Céline Dion and Anne Murray, who we are all very familiar with. Some artists are represented by organizations or agencies in the business. Other creative artists, authors and composers represent themselves, as I do. I have 80 to 85 songs written and released and I have never allowed them to be distributed on social media for the simple reason that I was concerned that someone would take them and that I would not earn anything from them, because they are my property. What does my colleague think of these creators who are not really represented but who have just as much right to the revenues from their royalties?
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  • Jun/20/22 6:52:52 p.m.
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  • Re: Bill C-11 
Madam Speaker, I learned that the member has a beautiful voice. Maybe at some opportunity I will get to hear it. I often find that songs sung in French sound a lot sweeter than it is when sung in English. I cite Happy Birthday as a good example. I look forward to maybe hearing her songs, and I applaud her having a strong character to ensure that her work is not stolen.
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  • Jun/20/22 6:53:38 p.m.
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Madam Speaker, I rise on a point of order. Both the Conservative Party and the Bloc have confirmed that they did not agree to—
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  • Jun/20/22 6:53:43 p.m.
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Again, we are broaching the same subject matter that has already been dealt with before the House. I would caution the Conservative members from raising a point of order on a matter that has already been raised, which means that the hon. members are actually challenging the Chair. Is that what your intent is, to challenge the Chair?
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  • Jun/20/22 6:53:43 p.m.
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Madam Speaker, no.
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  • Jun/20/22 6:54:22 p.m.
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Madam Speaker, I just walked into the proceedings, and I wanted to ask to see whether the Bloc—
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  • Jun/20/22 6:54:31 p.m.
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I am not going to entertain those anymore. Resuming debate, the hon. member for Fort McMurray—Cold Lake has the floor.
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  • Jun/20/22 6:54:38 p.m.
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  • Re: Bill C-11 
Madam Speaker, I will be splitting my time with the member for Perth—Wellington. As members have heard through our debates over the last few weeks, Bill C-11 will set the stage for the federal government to have unfettered control in regulating what Canadians see on the Internet. This expansion of the regulatory authority of the Canadian Radio-television and Telecommunications Commission, better known as the CRTC, to all audiovisual content on the Internet is a radical and sweeping move that really raises concerns around accountability, government overreach and the protection of individual rights and freedoms in this country. I want to be clear: Bill C-11 is a bill that would give the CRTC the power to control what Canadians find and post on the Internet. It is a fundamental change in the way we do broadcasting in Canada or what is considered broadcasting. The very idea that the government intends to introduce licencing of the Internet in the same way that radio and television are licenced in Canada ultimately means that creators must obtain speech by permission from the government. From the very beginning, Conservatives have been opposing the ideological agenda of this inflexible and regressive legislation. We have now and always will stand up for our arts and culture sectors, and now especially it is important for us to make sure that we are standing up for our digital-first creators, who are facing a lot of uncertainty about their livelihoods. Many of these witnesses were not able to heard from in committee because of an arbitrary timeline that was set by the government. This is not just targeting so-called digital giants such as legacy news media, Google or Facebook. In 2022, anyone with a cell phone can be a creator and have an audience on the World Wide Web. While the heritage minister has misleadingly claimed that Bill C-11 is about creators and about making more Canadian content available, and that it would actually even the playing field, what we have discovered in committee is that this is not true. If Canadians want to watch our world-class Canadian content, there is absolutely nothing stopping them, so there is no need for specific content to be spoon fed to us. If passed, Bill C-11 would not create an even playing field for our Canadian content creators. Instead, it would allow a government body to close off certain creators for the benefit of a select few, essentially hand-picking winners and losers. That is something that, on this side of the House, we disagree with. In its current form, Bill C-11 does not protect individual online content creators. Instead, it burdens them with an abundance of draconian rules and regulations that they are ill-equipped and underfinanced to engage with. The regulations are through the roof. While the NDP-Liberal government claims that there is now an exemption for user-generated content, this bill gives the CRTC the power to regulate any content that generates revenue, directly or indirectly. That means that non-commercial, user-generated content, like picking up a cell phone and creating a video, could create indirect revenue, which would then fall under the purview of the CRTC. Artists, independent content creators and experts alike have all been raising alarm bells about the impact of these changes. I think it is really important to read some of the testimony that we heard at the heritage committee, such as what we heard from Oorbee Roy. She said: Not only does this bill not help me. It also hurts me and actively undermines my needs as an artist. There's no language in the bill to tell me otherwise. Frankly, I don't qualify. I'm just not the right fit.... I literally have never gotten a seat at the table—except now, as a digital creator, I'm getting a seat at the table. Representation matters.... Please don't suppress my voice. I read this into the record because I think it is very important to make sure we understand that this digital space is still fairly new, so trying to over-regulate it, which is exactly what Bill C-11 does, could have long-lasting impacts. It is important to highlight the fact that it expands the role of the CRTC to allow it to impose new regulations on platforms such as TikTok, Facebook and YouTube, and whatever new platform has not even been created yet. These changes do not have to be passed through Parliament. These regulations will impact all Canadians who use online content, but there is no power for us, as parliamentarians, to make decisions on this. It leaves questions as to what is going on. I think the best way to continue to showcase the amazing contributions of Canadian creators is to safeguard the protection of their freedom of expression. We have to enshrine the right of a Canadian to express their opinions, create content and speak freely so our rich Canadian culture is accessible to all. Frankly, without this in place, I have no trouble finding Canadian content on the World Wide Web, and I think that is something that is really important. We have an amazing set of artists who get out there. One of the big pieces, after spending many hours in the heritage committee listening to amendments being debated, is that we failed to see any movement from the government on having a real conversation. We were voting on amendment after amendment, not even reading those amendments into the record. There was no idea of what we were debating most of the time, other than for those of us who had our package in front of us. Anyone who was following at home were completely out of luck. They did not even know what we were discussing. That is not the transparency that Canadians request from their parliamentarians. This is not the level of debate we should be having in the House. I understand that members opposite will say that, “Oh, this is because the Conservatives were filibustering.” We were raising valid concerns that had been brought to our attention. There are tons of witnesses who want to present on this very important topic who have been silenced by the government, the NDP-Liberal coalition. There are people who want to make this the best possible legislation that it can be. Quite frankly, I do not believe that we are at the best. I think that it is incumbent on each and every one of us parliamentarians to send the bill back to committee because, ultimately, we can do better, and we must do better. Just because something is difficult, just because we have an arbitrary timeline because the government really wants to get it passed by the summer, does not necessarily mean that is what we should do. The Liberals dragged their feet on the previous iteration of the bill and let it die on the Order Paper when they called an unnecessary election last fall. The fact is that somehow this is now a priority for them, and they are trying to ram it through Parliament, rather than have a serious conversation and inviting digital-first creators to have some dialogue to make sure these changes we are making are actually going to benefit the sector and benefit Canadians. Ultimately, is it going to be something we will be proud of? I am quite concerned that what we are doing is actually changing what Canadians will see online without any debate, completely behind closed doors, and it has been very clear from the expert testimony that the bill would allow the CRTC to regulate user-generated content. That is why, through a series of vital amendments, the Conservatives tried, we really did try to work with members opposite, to fix the bill. I get it that the members opposite like to say, “The big bad Conservatives don't support artists, and they don't support creators.” That is not true. As someone who grew up dancing, singing and in a band, I understand that there are a lot of needs of artists. I understand very clearly that this is something that is so important, but we have to do it right. We have to do the right thing for the right reasons, otherwise it is not right, and this is not being done for the right reasons at the right time in the right space. I would urge all members to simply take the bill back to committee to allow us to have some meaningful conversation and debate on these amendments. At a very minimum, could we read the amendments into the record, so all members and everyone who was listening at home could at least know what we are discussing prior to us doing it? Also, there were errors when it came to translation. They were fixing the fact that the translation in the original bill was incorrect. That is how rushed the bill was. Not even the translation was accurate. That is just another example as to why we need to slow this down and send the bill back to committee to ensure that we have an opportunity to provide Canadians, especially those who create user-generated content, with the best possible bill.
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  • Jun/20/22 7:04:17 p.m.
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  • Re: Bill C-11 
Madam Speaker, does the member not realize that the Conservative Party, for hours and hours, whether in second reading or in committee, went out of its way to try to kill the bill? The Conservatives do not like the legislation, so they brought in a huge number of amendments to the legislation as a way to, again, prevent the legislation from passing. Then this particular member stands up and effectively said, “We just want to make a few amendments to it, and then we'll pass it. We can make it a better piece of legislation.” It seems to me that the member is maybe not even consistent with some of the remarks from some of her colleagues today. The amendment is to kill the bill. The Conservative Party does not support this bill. I would ask the member this: Does she support the CRTC?
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  • Jun/20/22 7:05:09 p.m.
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  • Re: Bill C-11 
Madam Speaker, it is awfully condescending of the member opposite. Despite the fact that there are many members in this chamber on his side, he constantly asks questions. He monopolizes the floor in here on so many occasions. For whatever reason, there are a number of members in here who are not allowed to speak. They are not allowed to ask questions, and so here we are. We are debating. We are trying to have a conversation here, and the member is concerned about trivial antics and trying to point fingers. I am here to try to make sure that Canadians have the best possible legislation, and that is exactly what Conservatives are going to fight for: the best possible legislation.
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  • Jun/20/22 7:05:55 p.m.
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Before I go to questions and comments, I want to remind members having conversations, especially on this side, because it is so close to the mike of the hon. member who was speaking, that it is not kind to go back and forth while someone has the floor. Questions and comments, the hon. member for Drummond.
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  • Jun/20/22 7:06:14 p.m.
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  • Re: Bill C-11 
Madam Speaker, I thank my colleague for her speech. I agree with her on one point, and that is that we did not have enough time. We should have had more time to debate the amendments. However, when there is a gag order, there obviously comes a time when the amendments are no longer being read. That is true. This was raised many times by my colleague during the clause-by-clause study in committee. There are many things that should have been discussed. I assume that my colleague was present during clause-by-clause consideration because she is familiar with the bill and our concerns about it. I would like to hear her talk about the very important amendment that we proposed regarding paragraph 3(1)(f). It is one of the amendments, one of the clauses in the bill, that I think is among the most significant. I would like to ask her about the amendment that we passed with respect to paragraph 3(1)(f) specifically, and hear what impact she thinks it will have on digital companies compared to traditional broadcasting companies.
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  • Jun/20/22 7:07:18 p.m.
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  • Re: Bill C-11 
Madam Speaker, I thank my colleague for his question. I think that 142 amendments were proposed for this bill. There may have been even more than that. I do not remember the details of every single amendment, but I think it would have been worthwhile to debate them. However, we were simply told which amendment number would be voted on, starting at 9 p.m. That was not okay. That is not how things should be done, and I want everyone to support the idea of sending this bill back to committee.
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  • Jun/20/22 7:08:21 p.m.
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  • Re: Bill C-11 
Madam Speaker, I have in front of me quotes from the Alliance of Canadian Cinema, Television and Radio Artists; from the Canadian Independent Music Association; from the Society of Composers, Authors and Music Publishers of Canada; and from many more. They are calling for this bill to pass. I am curious about why the Conservatives are using misleading statements about freedom of expression to protect the profits of the web giants at the expense of Canadian cultural workers.
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  • Jun/20/22 7:08:49 p.m.
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  • Re: Bill C-11 
Madam Speaker, yes, there are many stakeholders who are in favour of seeing this bill pass, but there are at least as many, if not more, who are very concerned about the speed at which this piece of legislation is going through, the secrecy and the lack of accountability. Honestly, we were debating amendments with no content until after midnight. Not even a phrase could be said about why we were voting on things. As I said earlier, there were amendments because the translations were wrong and there were amendments because the legislation was not drafted correctly to begin with, yet there was no context given as to what these amendments were. Therefore, it is incumbent upon us to make sure we have the best legislation and to send this bill back to committee.
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  • Jun/20/22 7:09:41 p.m.
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  • Re: Bill C-11 
Madam Speaker, it is always a pleasure to rise in the House and debate legislation. It is unfortunate that we have to do it under the guillotine of a guillotine motion whereby all stages were time limited and Canadians did not have the opportunity to fully engage on this piece of legislation. I would remind the House that this is the first major update to the Broadcasting Act in over 30 years, and the government saw fit to ram this through committee, report stage and now third reading with limited debate. However, the Senate—the unelected, unaccountable branch of government—can take all the time it wants. It is allowed to have witnesses and it is allowed to hear from Canadians, but here in this House, the people's House, the elected branch of Parliament, we are being forced to deal with this. The practical effect of this piece of closure upon closure upon closure is that key stakeholders never had the chance to appear before committee. I would remind the House as well that many of the limited number of witnesses we did have expressed significant concerns. I am sure the government would be interested to know that over a third—39.3%, to be exact—of the witnesses who appeared had significant concerns with this piece of legislation. In fact, 31% thought it should be defeated altogether because of its poor drafting. There was not unanimity. There was barely a plurality who saw this bill as a perfect piece of legislation in its actual form. Canadians did not have a chance. Let us hear from some of the groups that did not have a chance to appear before the committee. The Aboriginal Peoples Television Network contacted the committee and wished to appear, but could not appear. Ethnic Channels Group did not have an opportunity to appear. The Community Radio Fund of Canada, the Ontario Association of Broadcasters, the Canadian National Institute for the Blind and the Radio-Canada International Action Committee all contacted our committee to appear and share their views on this piece of legislation. They could not do that because of the actions of the government in ramming it through committee and through this House. The practical result is that when it came to clause-by-clause study, every single clause, every single amendment was forced to be put at 9:00 p.m., without debate, without amendment, without even reading the amendment into the record. Canadians watching at home—and there were Canadians watching at home who were concerned about this piece of legislation—had no clue what parliamentarians were voting on. What is more, we only received these amendments that same day, with no time to consult key stakeholders in the industry or key creators who may have had concerns or viewpoints on potential amendments. We could not contact them. We could not talk to them. We did not have the opportunity to have that conversation, and instead every single clause, every single amendment was put without debate, without amendment, without even being read into the record. That is not how committee ought to function. That is not how deliberative democracy ought to function. I want to be clear. We had several key amendments that we felt would improve this piece of legislation. I want to talk about one that actually succeeded, despite the best efforts of the Liberal government. Every Liberal voted against this amendment, but thankfully the opposition stood firm and eliminated part II licence fees. For far too long, the government has been charging part II licence fees for domestic Canadian broadcasters. It is a tax. It is solely a tax levied on Canadian broadcasters. It is not levied on foreign streaming giants, only on Canadian broadcasters. The government keeps talking about levelling the playing field, but their idea of levelling is just adding more regulatory burden on everyone rather than truly having a positive impact on domestic broadcasters. Thanks to the Conservative leadership on this issue, we eliminated part II licence fees, saving Canadian broadcasters over $100 million in tax, money that simply goes into the government coffers. It does not go to CRTC. It does not go to programming. It does not go to promoting Canadian culture. It does not go towards promoting Canadian content. It is just more money that goes into the government coffers. There were other amendments that we proposed that would have improved this piece of legislation. I would say the most important were related to section 4.2, user-generated content. I note that the Green Party had similar amendments that would have either taken out or significantly modified section 4.2 to ensure once and for all that user-generated content was not captured. Unfortunately, in each case the government voted down each of those meaningful amendments. Liberals even voted down eliminating two words that would have at least taken out indirect revenue. Anyone who spends time talking to digital first creators, talking to those who use digital platforms to promote their content knows that when we are saying “indirect revenue”, it captures a whole swath of the Internet. That is the concern Canadians have had from day one. I know this has been mentioned before, but this is an important observation from Canada's most successful YouTube channel. Morghan Fortier said: Bill C-11 is not an ill-intentioned piece of legislation, but it is a bad piece of legislation. It has been written by those who don't understand the industry they're attempting to regulate, and because of that, they've made it incredibly broad. She went on: Worst of all, proposed section 4.2 hands sweeping power to the CRTC to regulate the Internet use of everyday Canadians and small businesses like mine that are not even associated with broadcasters. That is the reality. Conservatives stood up for those creators to try to narrow the exception to the exception that is found in section 4.2, but of course the government members voted against the idea. Conservatives also stood up for Canadians to try to bring in a definition of “discoverability”. We want to ensure that Canadians can find their favourite Canadian content online. We want to ensure that when Canadians log on to one of the platforms, they can find Canadian content. What we do not want to see is one piece of Canadian content being promoted over another piece of content, with the CRTC deciding which Canadian content is most Canadian or which piece of content should be promoted over another piece of content. We introduced measures that would have ensured that algorithms were kept out, that Canadians were not going to be subjected one way or the other to promotion of content, but of course our efforts, which included the definition of discoverabilities and included protections for Canadians, were also voted down. We also suggested that there should be an updated or a clear definition of “Canadian content” to ensure that Canadian stories are told, that Canadian actors, Canadian technicians, Canadian directors and producers are encapsulated into a broad definition of Canadian content so that those films and television shows filmed right here in Canada and those actors who have striven all their lives could find success here in Canada. Here is what John Lewis, international vice-president of the International Alliance of Theatrical Stage Employees, said about Canadian content: Under the current system, The Handmaid's Tale doesn't qualify as Canadian. It's based on a novel by Canadian author Margaret Atwood, who served as a consulting producer. It features Canada-centred plot lines, was filmed in Canada—employing hundreds of Canadians—and garnered 75 Emmy nominations. Canadians were recognized internationally for their skill in art direction, production design, hairstyling, makeup artistry, costume design, visual effects and editing. But The Handmaid's Tale is not Canadian content. We tried to have the government commit to updating the Canadian content rules prior to going ahead with Bill C-11, but of course it did not happen, and we are still waiting for the minister's policy directive to the CRTC. Bill C-11 provides very broad powers to the CRTC, but much of that will be filled in by the policy directive that the Minister of Canadian Heritage will send to the CRTC. Canadians deserve to know how the minister wishes to see the CRTC implement those measures, but we have not seen that policy directive. The minister will in fact not disclose it until after royal assent, so Canadians and parliamentarians here in this place and in the other place are forced to vote on Bill C-11 before seeing how it will be implemented.
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  • Jun/20/22 7:19:28 p.m.
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  • Re: Bill C-11 
Madam Speaker, it is somewhat disingenuous when a member of an opposition party tries to give a false impression to that degree. They do not support Bill C-11, and that is the bottom line. The members can talk about amendments and so forth. I understand what has taken place at committee. The member knows full well, as I do, the games that we witnessed from the Conservative Party with respect to Bill C-11. It was filibuster after filibuster. They did not want it to get out of the chamber. Their intent was to kill Bill C-11. Will the member be straightforward and tell Canadians why the Conservative Party of Canada does not support the modernization of the Broadcasting Act? They had the opportunity to demonstrate their support; all they want to do is filibuster. That is the bottom line.
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  • Jun/20/22 7:20:18 p.m.
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  • Re: Bill C-11 
Madam Speaker, if we want to talk about the king of filibusters, it is the member for Winnipeg North. Let us be very clear. In the last election platform, the Conservative Party committed to updating the Broadcasting Act and ensuring that foreign web giants paid their fair share in Canada, but we also made the commitment that we would do so by respecting digital-first creators and by ensuring that Canadian content was able to find success not only here in Canada but around the world. What Bill C-11 does is put up walls around Canada that will prevent our great creators from finding success worldwide. Let me be very clear. It was only on May 24 that the bill first came before the Canadian heritage committee. Then the government went forward and used closure upon closure upon closure to force this through committee rather than allowing parliamentarians to do our jobs, analyze the bill, hear from witnesses and make amendments to the piece of legislation.
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  • Jun/20/22 7:21:16 p.m.
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  • Re: Bill C-11 
Madam Speaker, I commend my colleague from Perth—Wellington. It is usually a great pleasure for me to work with him on the Standing Committee on Canadian Heritage. We do not always agree and sometimes have our differences, but that happens even in the best of families. I want to remind the House that when we started studying Bill C‑11 in committee, we agreed to do so as quickly as possible, at the request of the cultural industry and broadcasters. However, it was the Conservative Party, through my colleague from Perth—Wellington, who asked the other committee members to set aside 20 hours to hear from witnesses. We agreed on that. This was a suggestion from the Conservative Party and my colleague from Perth—Wellington. My question is the following. Why did my colleague later decide that 20 hours was not enough? We already had all of the requests to appear for the witnesses and organizations. What happened at that point to make my colleague change his mind and decide that the 20 hours he had requested were no longer enough?
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