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Justice Web Collaboratory
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Abstracts

The Justice Web Collaboratory, Ronald W. Staudt

Legal Aid and Unrepresented Litigants - Building Legal Decision Support Systems for Victoria, John Zeleznikow

Public Access to Justice, Ronald W. Staudt

Judicial Document Drafting Assistants: 14 Years After JEDA, Karl Branting

An Argumentation Shell for Supporting the Development and Drafting of Legal Arguments, John Yearwood and Andrew Stranieri

Data Mining in Law with Association Rules, Author Andrew Stranieri, Donald Berman

A Tale of Two Systems, David E. Woodin, Esq.

To Be Taken At Face Value?, Michael Bromby

Sentencing Support Technology In Pursuit of Public Safety, Michael Marcus

The Paradoxes of JDSS: Ask Not What IT Does to Judges, but What Do Judges Do to IT?, Cyrus Tata

JDSS’s for Criminal Sentencing: Sentencing is Not Only a Judicial domain, Marius J.A. Duker

"Cyberjuries: The Next New Thing?", Nancy Marder

Towards a taxonomy of judicial thinking FOO Check Teck

Discretionary Theory, Tunde Meikle, Nanyang Technological University,

Evaluating Legal Decision Support Systems Maria Jean J. Hall and John Zeleznikow




The Justice Web Collaboratory

Ronald W. Staudt
Associate Vice President,
Law, Business, & Technology
and Professor of Law
Chicago-Kent College of Law
rstaudt@kentlaw.edu

The Justice Web Collaboratory1 (JWC) is a partnership between Chicago-Kent College of Law and the National Center for State Courts (NCSC)2. The JWC was formed to use the tools of the World Wide Web to create a laboratory for collaboration aimed exclusively at American judges. The JWC is organized as a communications, publications and education web site with the primary goals of:

1. Creation of an online community for judges that encourages them to learn about the Internet and to use its capabilities in appropriate ways to enhance the performance of judges on the bench and in chambers;

2. Delivery of educational content and research material to judges with special initial focus on topics relating to technology, science and computing, including case management, electronic filing, data integration and knowledge management;

3. Establishing a living and vibrant laboratory for improving the justice system in the United States with special focus on public access to the courts.

The centerpiece of the Collaboratory is JudgeLink.org, a web site designed exclusively for American judges. The site is built to include a judges' information clearinghouse, continuing judicial and legal education programs and an online think tank. JudgeLink is designed to provide a secure forum for the sharing of knowledge and exchanging of ideas between judges of varying backgrounds and geography. This forum can serve as a "just in time" learning network for judges who are unable to consult with knowledgeable colleagues on issues of judicial administration, technical information and other matters. This password protected, members-only forum supports discussions of developments across different jurisdictions as they occur, without concern that conversations will be taken out of context or publicized prematurely. Secure discussions of hot topics are facilitated in a chat room, listserve and threaded discussion forums. Since this debut, the Judicial Conference Center has experimented with a variety of topics such as: courts in the age of the internet, evidentiary issues related to technology, politicizing the judiciary and pro se representation.

1. See http://a2j.kentlaw.edu/, last visited May15,2001.
2. The Dixon Conference on Using the Internet to Improve the System of Justice held on April 23-24, 1998 triggered the development of the Justice Web Collaboratory and provided initial funding through the National Center for Automated Information Research. The responsibility for the management of the Justice Web Collaboratory is coordinated by Ronald Staudt, Associate Vice President for Law, Technology and Business and Professor of Law, Illinois Institute of Technology, Chicago-Kent College of Law and Roger Warren, the President of the National Center for State Courts. Operational leadership is handled by Chicago-Kent College of Law's Manager of the Justice Web Collaboratory, Todd Pedwell and Marcia Koslov, Director, Knowledge Services, National Center for State Courts.

 

Legal Aid and Unrepresented Litigants - Building Legal Decision Support Systems for Victoria

John Zeleznikow

Donald Berman Laboratory for Information Technology and Law, Applied Computing Research Institute, La Trobe University, Bundoora,
Victoria, Australia, 3083.
johnz@.cs.latrobe.edu.au;

The Donald Berman Laboratory for Information Technology and Law has a long history of building Legal Decision Support Systems in conjunction with Victoria Legal Aid. In building such systems we have developed two significant tools for placing legal decision support systems on the World Wide Web:

a) A Knowledge Management Shell (based on Toulmin’s Theory of Argumentation) to maintain and update legal knowledge;

b) A knowledge based system shell, WebShell that enables KBS to be developed and executed on the web. WebShell models knowledge using two modelling techniques; decision trees for procedural type tasks and argument trees for tasks that are more complex, ambiguous or uncertain.

With these tools we have built systems that advise upon:

1) The distribution of property following divorce;

2) Computer copyright;

3) Eligibility for refugee status in Australia;

4) Eligibility for legal aid in Victoria;

5) Sentencing of criminals.

One of the major goals of Victoria Legal Aid (VLA) is to improve efficiency. Placing an Eligibility for legal aid system on the World Wide Web means VLA lawyers can focus upon offering advice and litigation support, rather than upon administering eligibility tests.

With state and federal governments decreasing their financial support for Legal Aid, many indigent litigants are being forced to represent themselves. In conjunction with VLA, we are developing Legal Decision Support Systems on the World Wide Web to help litigants represent themselves. In particular, we have noticed that as in the United States, in the mid-1990s at least one party was self-represented in more than two-thirds of domestic relations.

 

Public Access to Justice Project

Ronald W. Staudt
Associate Vice President,
Law, Business, & Technology
and Professor of Law
Chicago-Kent College of Law
rstaudt@kentlaw.edu

Startling statistics expose a huge shift by the customers of courts away from the traditional methods of seeking resolution of their disputes. More and more customers of the courts have abandoned lawyers and are coming to court on their own, pro se or pro per. The numbers are staggering. In some jurisdictions nearly 80% of all divorces are prosecuted with one or both of the parties unrepresented.

At the beginning of the new millennium, three venerable institutions supported by three highly respected foundations launched a project that will attempt to apply the lessons of the new economy to the problems raised by these new court customers. The new project called, Meeting the Needs of Self-Represented Litigants: A Consumer-Based Approach, is self consciously interprofessional. The world's leading PhD granting School of Design, the IIT Institute of Design, is providing the core methodology and professional design staffing for the project. ID is joined by the country's most technologically advanced law school, Chicago-Kent College of Law, and the country's premier court research institution, National Center for State Courts. The project seeks no less than the redesign of courts for unrepresented litigants. Perhaps it is too constraining to state the objective as a redesigned court. The project is self consciously aimed at getting close to the customer, understanding through ethnographic observation, the needs and desires of the customer. The project is unconstrained in the selection of solutions, tools and new prototypes to meet the needs of this customer group.

Months of customer observation by Design students and Law students have poured boxes of data into a systematic design process, a process developed and refined by Professor Charles L. Owen. Through May 2001, the team of law students, design students and National Center for State Court researchers led by Paula Hannaford worked to refine the observations, tune the proposed solutions and shape a new system. The design process promises to produce a new approach that is "different- freshly imagined to match the best of new technology to emerging needs and interests, better- thoroughly and systematically thought through for all users, and right - sensitively positioned to meet environmental, personal, social, and cultural needs"1

1. Charles L. Owen, "Design, Advanced Planning and Product Development", Chicago: Institute of Design, Illinois Institute of Technology, p. 13.

 

Judicial Document Drafting Assistants: 14 Years After JEDA

Karl Branting
Fellow of US Supreme Court

A judicial document-drafting assistant (JDDA) is a computer system that helps judges draft orders or other routine judicial documents by (1) insuring that the judge rules on each issue necessary for resolution of the case before the judge and (2) for each resolution of each issue, presenting the judge with "boilerplate" text corresponding to the issue. Despite the development 14 years ago of a JDDA with a demonstrated ability to speed decision-drafting, this technology is essentially unknown to judges today. This presentation describes the central design elements of JDDAs and discusses the factors affecting their acceptance.

 

An Argumentation Shell for Supporting the Development
and Drafting of Legal Arguments

John Yearwood and Andrew Stranieri

This paper describes an argumentation shell to support the formulation, representation and drafting of legal arguments. The shell can be used to capture generic arguments in many legal domains as well as to assist decision makers in constructing their own actual arguments. The primary objective of this research is to demonstrate that knowledge represented using the generic/actual argument model (GAAM), a variant of Toulmin's argument structure can be used to: support the development of complex arguments, add context and increase specificity for the retrieval of relevant documents, incorporate background knowledge, assist in the drafting of documents that represent arguments made and provide a structure for complex inferences requiring a range of mechanisms. The shell can be used to support decision making in a range of legal domains including discretionary domains.

 

Data Mining in Law with Association Rules

Author Andrew Stranieri, Donald Berman
Laboratory for Information Technology and Law,
La Trobe University, Australia

Data mining algorithms for the automated discovery of association rules can be applied to data from legal databases. The rules, that identify associations between all possible combinations of variables are discovered automatically. We demonstrate how interesting rules can prompt analysts to formulate hypothesis for further investigation in Australian family law. However, the techniques can also be applied to directly support judicial reasoning. In that application, association rules are invoked within a knowledge based system shell to facilitate consistency and to suggest ways in which arguments for desired outcomes can best be made. This is demonstrated with hypothetical examples from sentencing.

 

A Tale of Two Systems

David E. Woodin, Esq.

Due Process Software
P.O. Box 433
Catskill, NY 12414
dewoodin@gungaweb.com

Classical legal expert systems crafted in the late 1980's from declarative languages such as Prolog exhibited elegant approaches to problems within a limited domain, however they were rather homely in appearance, fragile in operation, required a willingness on the part of the user to engage in some level of participation with the machine, and consequently failed to achieve much market penetration among lawyers.

With the advent of the web, a proliferation of free and commercial on-line legal sources raises the legitimate question of whether there is any place for automated advisory systems in an online world seemingly saturated with legal information

The thesis to be argued is that there is indeed more need now than ever for such systems.

In a brief, but hopefully compelling presentation, it will be demonstrated how the benefits of a present web-based commercial application in New York State criminal law spring directly from its roots in the prior rule-based system, and its actual use in producing portions of the web-based system.

Speculated is the conclusion that a practical promise of classical rule-based systems may lie in their employment as "intelligent authors" of conventional applications.

 

To Be Taken At Face Value?

Michael Bromby
Glasgow Caledonian University

Biometric identifiers such as fingerprints, blood and DNA samples, traces of hair and fibre can help in deciding whether a suspect is linked to a crime scene. Before such scientific procedures were identified and made commonly available for legal proceedings, descriptions by eyewitnesses and the victim were often the only means of suspect identification. With the advent of closed circuit television (CCTV), many crimes are now recorded by cameras in the public or private domain, leading to a new form of forensic identification – facial biometrics. Decisions on how to view and interpret forensic evidence are important for both prosecution and defence, not least for the judge and jury who must decide the entire case.

Forensic evidence is often quantitative, with biometric identifiers being measurable to some extent, and then compared to establish similarity. In many cases, similarity is expressed in statistical terms or as the probability of finding such evidence given certain presumptions; the face value of these figures may not mean much to a layperson such as a juror who may be open to influence by either side of the adversarial judicial process. The use of ‘hard science’ in court can often be the point at which the members of the jury are persuaded beyond all reasonable doubt. The common perception of scientific testimony being unquestioningly true often raises the issue of ‘mystic infallibility’ of such scientific evidence whereby the jury may accept evidence too readily. Whilst the merits of scientific technique can aid the secure conviction of criminals, problems relating to the accuracy and reliability of identification software may lead to miscarriages of justice through convicting the innocent.

This paper looks at the use of CCTV to identify suspects in the UK. By comparing eyewitness identification to computerised facial recognition systems, it will be shown that the latter may be more reliable for suspect matching. However both matching reliability and admissibility may be questioned in court, with or without the aid of expert witnesses. It is currently possible to engage automated tracking of suspects and questions arise as to the effects on society of such invasions of personal privacy or ubiquitous mass profiling. With future technological developments, it may be possible to automatically identify patterns of behaviour through CCTV cameras, aiming to predict whether an incident will arise, thus allowing resources to be managed more effectively. With such a wide-spread CCTV presence in the UK, the potential of facial matching software could lead to the establishment of a national face database that, unlike a DNA database, could extend beyond forensic ‘trail’ evidence, leading to identification of fraud, the uncovering aliases, or as a means to validate identity.

 

Sentencing Support Technology
In Pursuit of Public Safety

Michael Marcus
Circuit Court
Multnomah County (Portland)
Oregon, USA

Sentencing support tools represent the highest calling and hold the greatest potential for decision support technology in the courts. Recidivism statistics dramatically reveal the dysfunction of sentencing discretion; legislative and popular ballot initiatives have responded by encroaching on that discretion. Other information technology offers to supply sentencing judges with greater access to the same information which has so far failed to reverse this dysfunction: offender histories and, more recently, program descriptions. Decision support technology has rarely been aimed at sentencing decisions, and when applied to sentencing generally compounds the error by presupposing that judges (or sentencing models) should emulate past judicial performance.

Sentencing support tools properly constructed and applied, however, allow judges and others involved in sentencing to aim specific correctional responses at the offenders most likely to be diverted from criminal behavior by those responses. These tools therefore promise to increase the public safety performance of sentencing judges and correctional providers (public and private); to justify the restoration of judicial sentencing discretion; to improve public policy decisions deploying correctional resources; and to alter the culture of criminal justice by allowing rationality a full role in the process.

 

The Paradoxes of JDSS:
Ask Not What IT Does to Judges,
but What Do Judges Do to IT ?

Cyrus Tata
Co-Director Centre for
Sentencing Research Law School
Strathclyde University
Glasgow, Scotland, UK
E-mail: Cyrus.Tata@strath.ac.uk
www.law.strath.ac.uk/CSR

At first blush JDSS’s imply the determination of judicial decision-making. JDSS’s will, we have assumed, affect judicial decision-making. Information Technology might change the nature of decision-making, but an overlooked important question is how does the decision-making process affect the interpretation of information technology?

Rather than focusing attention on to what extent and in what ways DSS ought to affect judicial decision-making, this paper advocates the need to examine more seriously how judges affect apparently immutable information and knowledge. Far from the dream (or nightmare) of the computer affecting and determining decision-making, it is possible to detect that JDSS’s may be far more benign in practice than either their designers or users had hoped or feared.

Informed by a critique of AI approaches, this paper advocates a less behaviorist/ ‘black-box’ approach in favour of using empirical research into the interpretive way that legal decision-makers use discretion. The paper aims to reveal paradoxes of JDSS’s including: judicial resistance and data ‘neutrality’; the nature of legal ‘knowledge’ in IT; and performative functions of JDSS’s.

The paper is illustrated by observations from ten years’ research and development work in designing and implementing JDSS in sentencing.

 

JDSS’s for Criminal Sentencing: Sentencing
is Not Only a Judicial Domain.

Marius J.A. Duker
(PhD, Department of Criminal Law, Free University Amsterdam)
Abstract for a presentation on JDSS’s and sentencing in the Netherlands

The Dutch Public Prosecution develops prosecutorial guidelines for sentences to be demanded at court. A rule based JDSS supports the application of these prosecutorial guidelines. The judiciary itself develops sentencing guidelines and it develops a database in which elaborated judgements (casuistry) are stored. Gaining consistency is seen as mainly a task of judges themselves. Hence one speaks of Judicial Decision Support Systems. In other words the focus is on supporting judicial reasoning. Keeping attention to the particularities of the case at hand, judicial reasoning in sentencing could imply explaining the sentence by referring to an applicable guideline and sentences as imposed in like cases on the basis of that guideline. Nevertheless in practice judicial reasoning actually implies the valuation of relevant facts of the case at hand while from such reasons alone any specific sentence can be derived. As a consequence of this practice the said database primarily aims at consistent judicial reasoning from the facts. That approach necessitated cumbrous indexing of cases by relevant facts in order to give insight in judicial reasoning about those facts in like cases. Following that approach the factual complex of like cases as such doesn’t constitute the relevant information, but the judicial reasoning about separate facts in those cases does. This promotes scientific analysis of judicial reasoning in like cases but it doesn’t promote an explanation why the judge imposes for instance six years and not eight years of imprisonment. This analytic approach together with considering sentencing as a judicial domain hinders an effective control towards the judge from parties in a criminal procedure. One should therefore not aim at analysing judicial thinking but at a practice in which parties in individual cases derive from casuistry the margins of appreciation (sentence bandwiths) for the judge to impose sentences. One should not focus on supporting judges but on the legislator’s responsibilities and on the possible influence of prosecutors and lawyers towards the judge’s decision-making. By elaborating the democracy principle I propose that judges give reasons if they depart from sentence-bandwiths in prosecutorial guidelines as approved by parliament. And by elaborating the fair trial principle I propose that in order to concretize, in addition to the said bandwiths, the sentence to be imposed, the defence and the prosecutor can derive arguments from relevant casuistry as stored in a generally accessible database. Prosecutorial guidelines and generally accessible casuistry then are complementary. This approach simplifies the development of prosecutorial guidelines and JDSS’s. The database is not to be seen as a Judicial Decision Support System but as a generally accessible collection of authoritative cases which are relatively so few that indexing can be very restricted. Furthermore, the proposed complementarity of guidelines and casuistry only requires prosecutorial guidelines to be formulated in general terms and doesn’t require prescriptions for valuing relevant factors (i.e. standardization). In that case a JDSS for applying these guidelines is of no need.

 

"Cyberjuries: The Next New Thing?"

Nancy Marder
Chicago-Kent College of Law
West Adams Street
Chicago, IL 60661-3691
tel.: (312) 906-5136
fax: (312) 867-2878
nmarder@kentlaw.edu

"Cyberjuries" lie at the nexus of a hallowed, legal tradition and a new, revolutionary technology. The traditional jury has long occupied a central role in the American justice sytem: in criminal cases, it decides whether the State will take a defendant's life or liberty; in civil cases, it decides whether the defendant will be held liable.

The traditional jury has been assigned this critical role because of its unique institutional features. The jury is a democratic institution in that it draws its members from the citizenry rather than from officialdom; its members come from the entire community rather than from select groups; and jurors engage in group deliberation and reach consensus through discourse rather than individual votes. These features, which I have explored in other papers, make the traditional jury uniquely situated so that it is more likely than other institutions to arrive at the right answer, to satisfy the parties, and to render a verdict that will win community acceptance.

Although the traditional jury in the United States has remained largely unchanged since our nation's founding (with the exception of who can serve), we are now witnessing the explosive growth of the internet, which is likely to produce profound changes. The internet provides a new means of access, of interaction, and of creating and sustaining communities; in doing so, it unleashes forces that challenge traditional institutions, such as the jury.

This paper explores the challenges that the internet poses to the institution of the traditional jury and examines two related questions: Is there a significant role for the "cyberjury"? And are there modifications to traditional juries that can be made with the explosive growth of the internet?

The paper begins with a brief description of the nascent forms of cyberjuries that have recently appeared on the Web, which allow parties to present civil disputes to anyone who wants to serve as a "cyberjuror." The paper then analyzes how and when cyberjuries might play a positive role in resolving disputes, which institutional safeguards they could borrow from traditional juries to improve their decisionmaking, and which institutional features traditional juries could borrow from cyberjuries to streamline their processes.

One goal of this paper is to show that a cyberjury, particularly if enhanced with traditional jury safeguards, can serve as a dispute resolution mechanism for certain kinds of disputes. Eventually, cyberjuries will be able to contribute to society's judicial processes.

A second goal is to argue that traditional juries should make use of the internet to remain a strong institution in the 21st century. For example, one threat to the jury system is the substantial sacrifice that traditional jury service requires of jurors. To the extent that summonses, questionnaires, and voir dire can be done via the internet, traditional jury service will become less onerous.

Finally, this paper explores how cyberjuries can function in parallel with traditional juries, in ways that are potentially harmless and harmful. This paper is the first to explore how the internet might revolutionize the traditional jury.

 


Towards a Taxonomy of Judicial Thinking

FOO Check Teck
Nanyang Technological University,
School of Mechanical and Production Engineering
50 Nanyang Avenue
Singapore 639798
Email: mctfoo@ntu.edu.sg

Despite the availability of software (eg. case base reasoning, CBR methodology as in CLIPS or Java-based, object-oriented methodology) that may be applied to support judges in formulating their decisions, the very process of judicial thinking remains little explored. Computer modeling work in this area seems ipso facto to be driven more by the availability of given technology (eg. computational linguistics; informational retrieval of legal knowledge but based on computer model). The technology adapted for legal purposes appear able to support judges in making certain classes of decisions (eg. in areas of sentencing, personal damages). Yet it may be equally fruitful o approach the problem of modeling from perspective of judicial thinking: how judges think? This raises the interesting question: do judges think differently? If so how differently. Interestingly, for example, recent experimental research that involved the mapping of brain functions (using fMRI) captured how different parts of the brain are “fired” depending on what had been running through the brain. In this paper the author argues for a more balanced approach: moving research from the perspective of thinking then to the modeling of judicial thinking. One remote possibility that may be explored is to involve a statistically significant number of judges in empirical, interview studies of judicial thinking process. Another novel approach may be to map the thinking processes of an eminent judge such as Lord Denning from United Kingdom. Such a study may yield insights of whether there is a discernible pattern of judicial thinking across cases in different areas of the law - contracts, equity, administrative law and equity.

 

Discretionary Theory

Tunde Meikle
University of Ballarat/Australian Catholic University
t.meikle@aquinas.acu.edu.au

In our work with the Refugee Review Tribunal (RRT) of Victoria domain experts have revealed important aspects of their decision making. Some of these aspects related directly to the content of the legal domain and the structure of the knowledge used in coming to decisions. Using a modified Toulmin argumentation structure, this knowledge is being implemented in a version of software called EMBRACE. But as with all implementation, user experience and ultimate acceptance depends on more than this knowledge in the machine. It is also important that other aspects of decision making are captured and supported by the software. From our work we have found these aspects to be discretion, consistency and resolution. Briefly, discretion indicates the extent to which a decision maker is directed towards a choice, consistency refers to the similarity of process that the decision maker applies to each case, while resolution is the granularity of focus on the case problem. It is the first of these aspects, discretion, that is the subject of this paper.

Our decision makers expect their exercise of discretion to be unimpeded, so an understanding of discretion as a theoretical construct is necessary in order to effectively incorporate support for it into a computerised system. A concise meaning of how discretion is experienced by our experts has been explained by them as the condition in which they are not directed (by their legislation) towards a particular outcome. By outcome the expert is including all choices along the way, not just a final ‘solution’. In the course of processing a single case, a decision maker (who works individually at the RRT), will have to make many choices that lead them to gather information that will develop into a case for or against granting refugee status for an applicant. There is no rule book that guides this process, and the legislation that applies is general at best. This generality is also referred to as ‘open texture’, and it is this aspect that is often used to characterise a domain that is called discretionary. This is because where there are terms that can be defined only by use, then it meaning is not fixed arbitrarily but is interpreted in context. The choices about how to achieve this is the responsibility of the RRT decision maker for example, and as autonomous agents they require decision support to preserve this capacity.

But beyond asking practitioners, there is relatively little critical writing upon the construct of discretion. It is clear that the higher the court, the more the participants have it, and depending on the legal system, one is more or less bound by the previous choices of higher courts, this is the principle of binding precedent. So at the core it appears discretion is a matter of the capacity to exercise choice, although it may be an informed choice. What is intriguing is the relationship between information and choice, so that given more information that must betaken into account, choice may be so constrained as to be effectively directed towards an outcome. The very condition our domain experts would not want. This is one complexity. This paper further examines this and other concepts related to discretion, decision making in law and the implications these have for the design of decision support systems.

 

Evaluating Legal Decision Support Systems

Maria Jean J. Hall
Donald Berman Laboratory for Information Technology and Law
Applied Computing Research Institute,
La Trobe University Bundoora,Vic., Australia 3083
Phone: 61.3.98168194
Fax: 61.3.94793060
jean_hall@one.net.au
and
John Zeleznikow
Donald Berman Laboratory for Information Technology and Law
Applied Computing Research Institute,
La Trobe University Bundoora, Vic., Australia 3083
Phone: 61.3.94791003
Fax: 61.3.94793060
johnz@cs.latrobe.edu.au

Whilst much research has been devoted to theories of knowledge representation and argumentation for building legal decision support systems, very little time has been spent on the essential issue of evaluating such systems. In this paper we investigate the state of the art of evaluation of legal decision support systems.

Using some principles from software engineering, we introduce techniques for evaluating legal decision support systems. We discuss how these principles can be applied in evaluating two systems or laboratory has built: Split_Up and GetAid.

 

 


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