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Why Malaysia needs the ISA PDF Print
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Wednesday, 10 December 2008 10:05

That is the reason why a government defending the ISA has been supported by more than half of the Malaysian electorate. It's like an insurance premium paid to hedge the risk of a disaster.

By Wong Chin Huat, The Nut Graph


Police negotiating with protester wearing "Mansuhkan ISA" headband outside Masjid Negara, 13 Sept 2008
(pic by Lainie Yeoh)

NO, your eyes do not fool you. Nor have I been visited by Special Branch officers and “turned over”.

I was at the Petaling Jaya Civic Centre car park Sunday night, 7 Dec 2008, attending the weekly anti-Internal Security Act (ISA) gathering. A passionate speaker lamented that there were so few Malaysians there because they were afraid of the ISA. He was also disappointed that corrupt governments can be overthrown once and again by demonstrating crowds in Bangkok, but not in Kuala Lumpur.

The gentleman could not be more wrong if he thought the causality works only in one direction — that the ISA causes people to shun demonstrations. It actually works both ways — the ISA also exists because of some people's fear of demonstrations and all other forms of political expression.

Also, one could not be more wrong to think that the ISA is merely an evil tool of the Barisan Nasional (BN) to control citizens. It is not a complete falsehood when BN politicians claim that the people want the ISA since they support a ruling coalition that desires the ISA.

The ISA is here because it has served a purpose to a sizeable segment, probably the majority, of Malaysians. What purpose is that? Having a strong government.

Without the ISA and all other draconian laws, a government cannot be strong in an autonomous sense — it can only persuade and coerce people to support it.

But why would people want a strong government? Because we are fundamentally a Hobbesian nation.

Thomas Hobbes
Thomas Hobbes (source: wikipedia.org)
Hobbesian nation

Thomas Hobbes, the 17th century conservative British philosopher, believed that human beings living in the state of nature were living in a state of war, their lives short and brutish. Incidentally, it was Hobbes who invented the concept of the social contract.

Driven by our selfish desire to compete for resources, we would pose threats to each other in the absence of government. Therefore, it is justifiable for a government to be absolute and disregard consent because the people cannot be trusted.

Push the Hobbesian logic to the extreme, and you will believe that even a bad government is better than no government. If only Hobbes was Asian, he would assure us that the government is always benevolent.

Most of us are Hobbesian because we do not believe that a multi-ethnic society can remain peaceful if the citizens are free. We are insecure with our differences.

Some of us wish for the differences to be eliminated through assimilation, with everyone professing one faith, speaking one language, observing one custom, or inter-marrying for common posterity.

And there are bound to be some among us who feel hurt when a “sensitive issue” is raised. The issue could be the constitutional “special position of Malays and natives of any of the states of Sabah and Sarawak”. Or it could be the extra-constitutional issues of bumiputeraism, Islam, the Malay language, the Malay rulers, or Chinese and Tamil schools.

And feeling hurt gives us a strong reason to ask others to shut up. So, we wave the keris, stage demonstrations, point fingers at other's noses, tear people's pictures up or even threaten to burn down buildings. The message is simple — stop this or you will incite ethnic riots.

Preventing ethnic riots 101

How do you prevent an ethnic riot? The government's answer is simple — crack down with the ISA.

In other words, the ISA and the authoritarian state that it protects is the lesser evil compared to looting and irrational mass killings. And since the ISA is here, everyone expects the state to use it against others who hurt their feelings. For many, the ISA is actually legitimate insofar as it is impartially used.

That is the reason why a government defending the ISA has been supported by more than half of the Malaysian electorate. It's like an insurance premium paid to hedge the risk of a disaster.


Protesters at anti-ISA candlelight vigil, 27 Sept 2008

But then, why have there been continuing anti-ISA gatherings that attract ordinary people, rather than civil society activists and opposition members, after 8 March, with the date a constant reference point?

A simple explanation is that there have been no post-election riots. It is obvious that for some Malaysians, the risk of being an ISA victim is a premium unnecessarily paid to hedge against a fake hazard.

But have we really outgrown our obsession with a strong government? I am afraid not.

The need for a strong government can only be gone when we believe we can deal with our differences without resorting to violence, whether by private citizens (riots) or the state (political crackdowns).

It will happen only when we believe we can trust our rationality. If we are right, we will win the debate; if we are wrong, then it is still beneficial for us to be proven wrong.

Are Malaysians willing to engage in rational debate when it comes to issues of religion, the labelling of natives and immigrants, or the future of multiculturalism?

No, more often than not, we respond with our emotions. “We are hurt, so you must shut up and apologise!  You refuse to do so? We will take matters into our own hands or lodge a police report against you.”

In this sense, the ISA is more than “detention without trial”. It is one of the many tools — alongside the Sedition Act, the Printing Presses and Publications Act and other draconian laws — available to a Hobbesian state to save us from killing each other.

Antidote

The antithesis or antidote of the “unjust” ISA is therefore not “justice”, for justice in the minimal sense could mean a wrong universally and impartially applied.

Remember how many Malaysians condemned the arrest of journalist Tan Hoon Cheng? “How could the government arrest the messenger when the culprit is left scot-free?” The implied message was, it would have been less unjust if Datuk Ahmad Ismail were arrested together with Tan. But if Ahmad alone were arrested, how many would protest against the ISA?

The ISA serves our subconscious need for a strong government, like kids who turn to parents to punish their siblings to win a fight. To eliminate the ISA, you cannot just change the law. You must eliminate such deeply-rooted psychological needs.

We need to be comfortable with freedom. Right now, there is a fear of the “other's” freedom to think, say and do as they please. “We” perceive this as different from what “we” think, say and do. Thus, “we” perceive “their” freedom as threatening “our” world. This chain of reasoning, triggered by fear, is what created the ISA in the first place.

Blaming the BN for the ISA is easy, but such self-righteousness will blind us from acknowledging our own evil taste for authoritarianism. It does not get us closer to freedom, which is a combination of confidence to live our lives as we please and humility not to ask others to do the same. TNG


A political scientist by training and a journalism lecturer by trade, Wong Chin Huat uses the Federal Constitution as his “bible” to fend off the increasingly intolerable evil called “state”.

Comments (21)Add Comment
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written by lokenpal, December 10, 2008 11:45:13
The comparison to recent riots in Bangkok is erroneous. Malaysians are disciplined we don’t destroy, just protest, light a candle or 2. maybe ‘free rpk’ fan. Look at the HINDRAF and BERSIH rallies, did the protestors destroy or behaved violently.

The government should use these expressions of protests in a positive manner, if they can ever see it.

ISA is a cop out for Malaysians. There are many other legal, swift ways of dealing with law breakers.
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written by Arubin, December 10, 2008 11:47:04
Sorry, but I'm afraid your arguments fail miserably to back up your points. Allow me to point out exactly where you went wrong.
And feeling hurt gives us a strong reason to ask others to shut up. So, we wave the keris, stage demonstrations, point fingers at other's noses, tear people's pictures up or even threaten to burn down buildings. The message is simple — stop this or you will incite ethnic riots.

and
That is the reason why a government defending the ISA has been supported by more than half of the Malaysian electorate. It's like an insurance premium paid to hedge the risk of a disaster.


Do you not see the contradiction?

Exactly who's waving the keris here? Who's staging the demonstrations? Who's tearing down posters? Is it the rakyat? Heck, no. Its all UMNO. Its our very own government.

You're telling me that our government needs the ISA to prevent potential racial riots.

What I'm seeing is that the government officials are the culprits trying to invite racial riots in the first place.

Does that make sense to you? Does that make sense to anyone?

And let's get back to the issue of support. Do you really believe that all those voters who voted for BN last election support the use of the ISA? Are you sure that all the rural dwellers (where UMNO drawks the bulk of its support) even have an idea that such a draconian law exists in this country, or are you just making assumptions here?
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written by Ken Liew, December 10, 2008 11:59:31
How to you view a Gun? in the arms of good people such as Police (well, Polis Raja-di Malaysia not included). will help the nation to be more secure and safe.

So, in the arms of robber, (Now, Polis Raja-di Malaysia ARE included). it will make the nation more dangerious and crime rate will be with "flying colouts"

Sames goes to ISA... if it is used to detain those bad people. Those who REALLY bring out the racist issue, such as " bath my dagger with one's bloods!" rather then those anti-Barisan Najis government, which only want Malaysia to be a better place......

You ask me, why we need ISA when good people are to be punish for talking the truth???
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written by carribeanking7, December 10, 2008 13:24:45
Very clever satire by wong chin huat, ha ha ha

the underlying message - a vote for BN is a vote for ISA.


Vijay Kumar Murugavell
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written by Democrats, December 10, 2008 13:32:03
ISA should exist only in cases of suspected terrorist. When there is lack concrete evidence in convicting a suspect who can create havoc but with overwhelming circumstantial evidence, the ISA can be used to detain them for a short period of time. But under detention, the person must be treated with respect, and housed in proper condition and be given all the benefits and rights of any human being. Amend that act, then people will support it.
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written by mob1900, December 10, 2008 13:38:07
Once the ISA is used on Mr. Wong here, I'm sure his tune will change. The Fact remains: ISA is only used to persecute any voice of dissent and the ruling Regimes' perpetrators gets off scot-free. You have clearly shown an immature understanding of the ISA thinking it will 'protect' the mass, tell me this Mr. Wong, when was the last time ISA was use to avert 'disasters'?

To add salt into your Fascist Belief, Mr. Wong, here's a ANTI-ISA poster in your face. smilies/grin.gif
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written by cheekhiaw, December 10, 2008 13:47:32
50% of the toxic american CDOs were sold to the supposedly 'developed' (smarter?) europeans where more than 50% of their banks from Iceland to Italy 'supported' by buying those financial WMDs.

Having so many europeans buy into them did not insure those stupid europeans from the destruction from those CDOs.

As they say, numbers do not make things right. Only a fool thinks so.

Similarly, thinking that a whole lot of under educated and ignorant voters in an under-developed hole giving a free hand to thieves, liars and murderers to lock others up constitutes insurance for risk hedging is something only a supreme idiot can conjure up.

What a super Chin Nut...

xxx
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written by Jan, December 10, 2008 16:15:57
If Ahmad Ismail alone was arrested I am sure most Malaysians would not protest against the ISA. Unfortunately between Ahmad and Tan Hoon Cheng they arrested Tan instead of the perpetrator. This goes to show the authorities are abusing their powers by using the ISA to clamp down on dissent.
This is further confirmed when they arrested Teresa Kok instead of that botox guy who's spreading all the lies. What more proof do you need that this govt is abusing the ISA?
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written by Jan, December 10, 2008 16:26:56
Just look at Tan Hoon Cheng the reporter. If she stood beside Ahmad guess who's more likely to cause racial tension? Yet they arrested Tan and went on record to tell the rakyat they wanted to protect Tan. The Home Minister must think the Malayisan people are all dungus.
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written by Sinewy, December 10, 2008 16:30:06
Wong Chin Huat please go and accompany one of those arrested under ISA for one month and then write your article again. I don't think we should be bordered how Ahmad Ismail should be treated. What I only know is that this joker will help people to vote against UMNO and I don't think he should be arrested under ISA, just use any existing laws which deal with people who are nuisance to the public.
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written by renoir, December 10, 2008 17:04:58
Folks, the article merely states the writer's view of what the ISA has meant to most Malaysians: it doesn't mean that he's for the Act (I do know him a bit from our past communications - even discussed about his studies in the UK). So don't hammer him. smilies/smiley.gif

About the social contract - it's true that Hobbes is best known for the term, though the idea was already much discussed during his time (In China, Mo-Tzu had explained concepts about the state of nature, why governments were formed, etc, around 400BC). Hobbes' concept of the state of nature was indeed one of blood and gore, a state that pitted man against all other men. In such a state, it was necessary not only for an authority over everyone, but that such an authority be given absolute power. This, in Hobbes' view, was the monarch. Locke, however, saw the the state of nature as something more Edenic - a place where natural, God-given freedoms existed. Governments were formed because one person's freedom could mean another's slavery, and it was to prevent possible harm to people that a state was necessary. The state, therefore existed as a kind of referee, making laws that would uphold, as far as possible, the freedoms mankind already enjoyed in the state of nature. Obviously, Locke's version of the social contract is the choice of most democratic governments. It's one that has most affinity with religious values, and one that we should choose.

The idea of a social contract implies that PEOPLE has a role in government. To Hobbes, that role is largely limited to obedience towards the monarch, but to Locke and Rousseau, the focus is on the ruler listening to the people's desire for life, liberty, and property. We might say that the idea of people's power became popular with the latter two philosophers. And that's not surprising, for they were the beneficiaries of the Reformation movement that gave individuals the right to read and interpret the Scriptures instead of having the Vatican doing it for them. Thus, ironically, the movement of modern democracy, one that many people regard as almost synonymous with the secularization of the State, actually became possible largely through the struggles of religious dissenters.

LChuah
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written by cruzeiro, December 10, 2008 17:33:31
Chuah,
You sound like zorro, who said that he knows Rocky!!
I wish you're right.
But what he says here is a plain LIE!!
======================================================= ===

To claim that Hobbes would declare our government is "benevolent" is true - probably relative to Stalinist USSR, I suppose.
Votes garnered out of gerrymandering, campaign of lies and ignorance is no measure of the people's desire. That's called "Cheating" on Umno's "level playing field", or the "social contract" as they see it!
So, to say that the people have traded-off their rights for "stability" with ISA, is at best a big lie!
The votes for BN weren't votes for ISA, (although that is what it amounts to in reality) as most people are in the dark where their rights are concerned - or at least are terrified to exercise their rights, lest they lose their small mercies granted by the almighty Goons!

The problem Chin Huat doesn't seem to realize, is the fact that it isn't the people who desire a "strong government" - it is the government that desires it, so that they get do anything they desire (right or wrong) with impunity in the absence of counter-checks.
To make matters worse, we are today left with a shell of a judiciary, and a pathetic parliament, where foul-mouthed idiots masquerade as "leaders" who represent the government (since the time of Mahathir). To make matters worse, the role of the head of state has been reduced to that of a puppet!
================================

Hobbes justifies ISA? Go fly a Kite, Chin Huat!!!
http://cruzinthots.********.co...-chin.html
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written by shahidan, December 10, 2008 17:43:19
In a well thought and provocative analysis, Wong Chin Huat asks: “Are Malaysians willing to engage in rational debate when it comes to issues of religion, the labelling of natives and immigrants, or the future of multiculturalism?”
The answer is provided in the commentaries segment of MT and it is a resounding no. Many commentators express outrage at the wrongdoings of the ‘other’, whether it is in respect of race or religion. Their outrage is not rooted in a universal value or rationality but is articulated from the perspective of their own racial or religious biases. There is an assumed sense of self-righteousness when dealing with the other, the other in MT being ‘Malay governance’ despite the fact that Malay governance is a class phenomenon and cannot be separated from its being buttressed by the collaborative non-Malay elite.
Chin Huat’s thought provoking piece, even if one totally disagrees with the analysis, receives the standard abuse from MT commentators. Cheekiaw implies Chin Huat is a fool for arguing the legitimacy of the ISA is based on the fact that more than half the population have been supporting a pro-ISA coalition.
In a further leap of ‘rationality’, Cheekiaw implies Chin Huat is a supreme idiot for ‘… thinking that a whole lot of under educated and ignorant voters in an under-developed hole giving a free hand to thieves, liars and murderers to lock others up constitutes insurance for risk hedging is something only a supreme idiot can conjure up.’ By this logic we should disenfranchise the ignorant voters who do not share the same truth as Cheekiaw.
Another contributor to the discussion castigates Chin Huat for his ‘fascist belief’. Such is the standard of rational discussion on MT.

Chin Huat asserts: “We need to be comfortable with freedom. Right now, there is a fear of the “other's” freedom to think, say and do as they please. “We” perceive this as different from what “we” think, say and do. Thus, “we” perceive “their” freedom as threatening “our” world. This chain of reasoning, triggered by fear, is what created the ISA in the first place.” Not quite. It was not fear in general but specific fear of the classes which wield power that brought about the enactments of the ISA and other repressive laws. The state is an instrument of real classes and run by its representatives to protect those specific interests through legislation, the police, prisons and other instruments at the disposal of the state. The counterweight to this is an informed people whose political consciousness can overcome racial and religious ghettoisation to which elites like to consign them. Rational debate is indeed the key to getting out of the racial and religious ghettoes.
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written by Thambidoorai, December 10, 2008 21:30:24
to cpy:

WRONG!

OPERATION COLDSTORE, widespread sudden arrest of his opponents, a more notorious operation among others.

It was because of LKY's ruthless use of the ISA that he no longer have any more opponent to speak of nowadays.
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written by Jit Dharma, December 10, 2008 23:33:32
The corrosive fear that permeats Chin Huats analysis is that things
could get out of hand fast. It also fails to factors the Govts. role
in stirring the pot till it boils over. The people who have protested
this law have been exemplary in their behavior at all times while those
agents of the Govt. have been using incendiary and threathening
behavior to voice their "opinion".The so-called law, applied unequally,
is one more tool to subdue, frighten and oppress.The action of the agents
is used then as an excuse to clamp down. This simple ruse is apparent to
anyone who knows the Govts. modus operandi.Heat up the situation then
capitalize. Strong Government does not mean inhuman or inhumane. That
is like an apology for these fuedalists and the idea that they have the
interests of the people at heart. They don't. They live to maintain an
iron grip on power. Like tyrants everywhere. LKY included.
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written by tenang, December 11, 2008 02:21:01
I think this is an excellent and thoughtful analysis.
I think one direction the analysis leads us is to work against ISA, not only by repealing the law, but also by raising the populace support to uphold civil right among the ordinary men and women. The spirit of demoncracy cannot be uphold by only enacting or repealing a law because the very laws are state instruments, through which a governemnt can become very strong and abusive. The effort to educate and influent the ordinary men and women to deal with each other in civilized and non-violent ways is difficult, but as important as repealing the ISA.

Should we abandon ISA now? I would argue "yes". Even that, as the author point out, we collectively have not ween outselves from the extremely strong need of "protection" of big goverment -- such a strong need is definitely not a common sight in other developed countries. We need another rebirth of Merdeka, I reckon. Do we need an evolution, a reform, or a revolution?

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written by renoir, December 11, 2008 03:21:47
Cruzeiro wrote:
>You sound like zorro, who said that he knows Rocky!]]

Haha, Cruz. I think Chin Huat has a better track record than Rocky, as the former was dropped from several vernacular newspapers for speaking out against BN policies. But just read again an example he used against those who were apparently unable to conduct a rational discourse:

>feeling hurt gives us a strong reason to ask others to shut up. So, we wave the keris, stage demonstrations, point fingers at other's noses, tear people's pictures up or even threaten to burn down buildings. The message is simple — stop this or you will incite ethnic riots.]]

Each and every instance given above refers to the gangsterish behavior of some UMNO chaps. True, there're also a hint or two at those who oppose the ruling party, but the main negative examples concern UMNO or its supporters.

And Chin Huat's not totally off the mark when he says:

>Remember how many Malaysians condemned the arrest of journalist Tan Hoon Cheng? “How could the government arrest the messenger when the culprit is left scot-free?” The implied message was, it would have been less unjust if Datuk Ahmad Ismail were arrested together with Tan. But if Ahmad alone were arrested, how many would protest against the ISA?]]

Here he's saying that some of us who oppose the ISA appear willing to tolerate it if it's applied to people we don't like. And isn't that true? If we're against the ISA, then we must oppose it no matter who's the victim. Now I'm not suggesting that the government is not practising double standards - everyone knows it is. But two wrongs don't make a right. If Tan Hoon Cheng deserves a fair trial for whatever wrongs she committed - and of course she didn't commit any - then Ahmad Ismail too deserves the same consideration. If we're against the ISA as a law, then we must oppose it without any exceptions (a basic Kantian concept - universalizing a principle).

There was an item in M-T just some hours ago with the heading "JI men freed" (http://mt.m2day.org/2008/content/view/15849/1/JI man freed), which attracted comments such as:

>Why release terrorists while keeping Hindraf 5 in jail? Double standards!]]

OF COURSE it's double standards. But to comment in such a manner seems to suggest some grudge against those who were released. Though other readers did preface their discontent with a wish for the abolition of the ISA, the feeling is that somehow, for these Malaysians, some deserve more than others to suffer under this law. That was why I was provoked to write:

>Congratulations to the government for releasing the prisoners who were illegally detained in the first place. Now we hope the same action would be taken for the rest of those still imprisoned under the ISA. We've enough laws to tackle problems of terrorism without resorting to detention without trial.]]

Now to Shahidan's excellent reference to the class-based origin of the ISA and other repressive laws. Ultimately, hidden behind religious, nationalistic, or racist rhetorics, one could often arrive at the class basis. Yet quite often this conclusion cannot stand alone, which was why the American feminist movement often fractured into black and white groups, and even Martin Luther King Jr complained about the reluctance of, NOT liberals, but WHITE liberals who couldn't understand his decision to take civil disobedience to the streets. Long ago, I did a small study about the American Knights of Labor, the secretive labor union that became a big movement until the end of the 19th century. The movement split when some group joined the American Federation of Labor(AFL), and finally became extinct around 1900. There'd been several books on its demise, giving reasons ranging from poor leadership to gender and ethnic divisions. Apparently, class identity wasn't always sufficient to overcome other forms of identities, especially when the powerful corporate classes are often remarkably adept at policies of divide-and-conquer.

That's why, in the rakyat's struggle for just governance, ethnic questions and positions cannot be avoided. A strong stance on certain ethnic issues does at times play into the hands of the ruling party, but it's either that or not galvanizing the oppressed to join in the struggle at all. What's needed therefore is to carefully direct attacks at the elite few, and not at entire ethnic communities. I believe more and more Malaysians are beginning to understand and acquire the art.

LChuah
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written by Chuan, December 11, 2008 07:02:07
Why in the world do we even need a strong corrupted government?
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written by Jan, December 11, 2008 09:37:19
Why in the world do we even need a strong corrupted government?
------------------------------
Because Malaysians had Hobson's Choice. It's either the strong corrupted government or a fanatic religious govt. That was the thinking then. The ruling BN govt was trying to out islamise PAS and actually winning it that the "fanatic religious party we thought we knew wasn't so fanatic after all.
So we very likely wouldn't need a strong corrupted govt now.
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written by dassky2000, December 13, 2008 16:47:11
NO TO ISA NO TO ISA NO TO ISA NO TO ISA NO TO ISA NO TO ISA NO TO ISA NO TO ISA
NO TO ISA NO TO ISA NO TO ISA NO TO ISA NO TO ISA NO TO ISA NO TO ISA NO TO ISA
NO TO ISA NO TO ISA NO TO ISA NO TO ISA NO TO ISA NO TO ISA NO TO ISA NO TO ISA
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