Measures on the Administration of Internet Information Services (Draft Revisions for the Solicitation of Public Comments)

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Source:http://www.cac.gov.cn/2021-01/08/c_1611676476075132.htm
The deadline for comments is February 7, 2021.

 

Chapter I: General Provisions

Article 1: These measures are formulated to promote the healthy and orderly development of internet information services, to protect the lawful rights and interests of citizens, legal persons, and other organizations, and to preserve national security and the public interest.

Article 2: These Measures apply to Internet Information Services within the mainland territory of the PRC, as well as the oversight and management of internet information services.

Any organization or individual using domestic or foreign network resources to provide internet information services to domestic users shall comply with the provisions of these Measures.

Article 3: The state is to employ measures to monitor, prevent, and address illegal and criminal activities using domestic or foreign internet resources to harm the security or order of the nation's cyberspace or infringe on citizens' lawful rights and interests.

Article 4: The State advocates sincere, honest, healthy and civilized network conduct; promoting the dissemination of the core socialist values, advanced socialist culture, and the exceptional traditional Chinese culture; and promoting the formation of an active and healthy uplifting network culture, and creates a positive cyberspace.

Article 5: State internet information departments are responsible for the overall planning and coordination of national cybersecurity efforts and related oversight and management efforts, carrying out oversight management and law enforcement for the entire nation's internet information content.

In accordance with their duties, the State Council departments for public security are responsible for internet security oversight and management in the entire nation, for preserving public order and safety on the internet, and preventing and punishing online violations and criminal activities.

In accordance with their duties, the state security organs are responsible for lawfully combatting the use of the internet for illegal and criminal activities that endanger national security. In accordance with their duties, the state security organs are responsible for lawfully combatting the use of the internet for illegal and criminal activities that endanger national security.

Other relevant State Council departments are to carry out oversight and management of internet information services within the scope of their duties.

Local duties for oversight and management of internet information services are to be designated by relevant national provisions.

Article 6: The State protects the rights of citizens, legal persons, and other organizations to use internet information services in accordance with law; it promotes widespread network use, raises the level of internet information services.

The state encourages internet information service providers to carry out industry self-discipline, provide services in accordance with law, raise awareness of cybersecurity, promote the healthy development of the industry, and encourage societal public oversight of internet information services.

Chapter 2: Establishment

Article 7: Where engagement in internet information services is a business telecommunication operation, telecommunication operation business permits shall be obtained from the regulatory departments for telecommunications; and where it is not a business telecommunication operation, a filing shall be made with the regulatory departments for telecommunications.

Internet information services must not be engaged in without having either obtained a telecommunications operation business permit or completing filing procedures.

Article 8: Where applications to engage in internet information services are filed, the following materials shall be submitted to the telecommunications departments through an internet access service provider:

(1) The organizers' basic information such as proof of their real name, addresses, and contact methods;

(2) The type and name of the proposed internet information service, the domain name, IP address, server, and other internet networking resources if plans to use, the internet access service provider, and other such circumstances;

(3) Where the proposed service program requires that licenses be obtained from relevant departments, the corresponding license documents shall be provided as well;

(4) Security inspection comments from the public security organs;

(5) Require the provision of other materials.

Article 9: After the telecommunications departments have verified the materials provided for in article 8, they shall record them and give a reference number.

Article 10: Engagement in internet information services shall use the network resources required by the telecommunications departments, possess network security and information security management systems and technical safeguard measures compliant with state provisions.

Article 11: Those engaged in Internet information services that are telecommunications operations shall apply to the telecommunications department. The telecommunications departments shall complete the review within the time limit prescribed by the relevant laws and administrative regulations on telecommunications management, and make a decision on approval.

Where internet information service providers no longer engage in internet information services, they shall proactively cancel the relevant licenses and filings.

Article 12: An application shall be submitted to the internet information departments to engage in internet news services, and the internet information departments shall make a decision on approval based on the provisions of the Administrative Licensing Law of the People's Republic of China. Practitioners related to internet news information services shall obtain the corresponding credentials and receive the corresponding training and evaluations in accordance with law.

Internet information services engaged in culture, publication, or audiovisual programming shall obtain licenses from the relevant departments.

Where relevant laws, administrative regulations, and decisions of the State Council require licensing by relevant departments, licenses shall be obtained by the relevant departments to engage in internet information services such as for education, medicine and health, drugs, and medical instruments.

The relevant departments shall report the permitting outcome to the state internet information departments for filing.

Chapter III: Operations

Article 13: Internet access service providers providing access services for internet information service providers shall require that the internet information service providers provide the corresponding licenses or filing numbers, and must not provide services to internet information service providers that have not obtained lawful licenses or filing numbers.

Where laws, administrative regulations, and relevant state provisions require users to obtain credentials for using the internet to engage in services, they shall provide the internet information service providers with proofs that they possess the lawful credentials. Internet information service providers shall check users' proof documents, and must not provide services to users that have not obtained lawful credentials.

If it is necessary to transfer internet domain names that have already been filed for internet information service providers, the filing information should first be changed with the telecommunications departments. Domain name registration and management bodies and domain name registration service bodies must not assist the holders of domain names in transferring recorded domain names.

Article 14: Internet information service providers shall clearly indicate the license number or record number when providing services.

Where matters in the Internet information service providers' license or filing items are changed, they shall complete the modification procedures with the original licensing or filing organ.

Article 15: Websites, chat groups, network accounts, and mobile smart terminal applications for carrying out violations and crimes, and internet services used for committing violations and crimes, must not be established by any organization or individual.

Organizations and individuals must not provide assistance such as technical support, advertising, payment and settlements, or setting up internet services on behalf of others that they know will use internet information services to carry out violations and crimes.

Mobile telephone cards, internet cards, or Internet of Things cards must not be resold by any organization or individual. Where users transfer mobile telephone cards, internet cards, or Internet of Things cards that have already had real name information registration carried out in accordance with law to be used by others, transfer formalities shall be handled according to law.

Article 16: Internet information services providers shall establish systems for reviewing published information.

Internet information service providers shall allot network and information security personnel that meet the requirements of the internet information departments, telecommunications departments, and public security organs.

Internet information service providers and Internet access service providers shall establish systems for network security, information security management, and the protection of user information, shall employ security and prevention measures, and shall strengthen inspections of public information.

Article 17: As required by the internet information departments, telecommunications departments, and public security organs, internet information service providers shall establish a system for security assessments at the establishment of new internet operations, conducting security assessments of new internet information service operations that have obtained business licenses, and reporting the outcome to the internet information departments, telecommunications departments, and public security organs.

Article 18: When concluding contracts with users or confirming the provision of services, the providers of internet services such as internet access, internet information services, or domain name registration and resolution shall ensure that the service recipient is consistent with necessary real identity information such as on identity documents or organizational code certificates, and record the relevant information. Storage of real identity information that has been checked shall be synchronized with the period that services are provided, and after services are stopped, and continue for at least two years after services are stopped.

Article 19: Any organization or individual arranging or using internet services such as internet access or internet information services, domain name registration and resolution, shall provide real identification information, and must not violate the requirements of these Measures on real identification checks by carrying out the following conduct:

(1) Using fake identity information or fraudulently using other people's identity information, to arrange Internet services;

(2) Failing to provide real identity information, or obtaining or using internet accounts and resources registered by others;

(3) Providing technical support or assistance to others for circumventing the real identity verification requirements.

Article 20: Internet information service providers shall record the information released by them and the information released by users, and keep them for no less than 6 months.

Internet information service providers and internet access service providers shall record and retain network log information, and store it for at least 6 months. The specific requirements for network log information shall be separately formulated by the internet information departments, the telecommunications departments, and the public security organs on the basis of their respective duties.

Internet access service resources that are shared with others through network proxies, network address exchanges, etc., should also record and retain log information such as address exchange records that can confirm the identity of the users.

Article 21: Providers of internet services such as internet access, Internet information services, and domain name registration and resolution, shall employ technical measures and other necessary measures to prevent, discover, and stop the services they provide from being used to carry out violations and crimes. Providers of internet services such as internet access, internet information services, and domain name registration and resolution, and so forth that discover online violations or crimes shall store relevant records, and report to the internet information departments, telecommunications departments, and public security organs.

Internet information departments, telecommunications departments, public security organs, and other relevant regulatory departments that discover conduct in violation of real identity check requirements by internet information service providers, or other online violations and crimes, shall require the internet information service providers to employ measures to eliminate or stop it, stop related services, store related records, and report to the internet information departments, telecommunications departments, and public security organs.

Article 22: Providers of internet services such as internet access, Internet information services, and domain name registration and resolution, shall provide technical support and assistance to public security organs' and state security organs' activities in the protection of national security and the investigation of crimes. The specific requirements for technical support and assistance are to be separately drafted by the public security organs and state security organs, in conjunction with the telecommunications departments and other relevant departments.

Providers of internet services such as internet access, internet information services, domain name registration and resolution, shall provide necessary support and assistance to internet information departments and telecommunications departments performing internet information service oversight and management duties in accordance with law.

Article 23: Internet information service providers, internet access service providers, and their staffs shall employ technical measures and other necessary measures for the identification and log information that they collect and use, to ensure the safety of the personal information they collect and to prevent leaks, damage, or loss of the identification and log information they collect and use. When information leaks, damage, or loss occurs or might occur, remedial measures shall be taken immediately, users shall be promptly notified, and it shall be reported to the relevant departments as provided.

Internet information service providers and internet access service providers shall establish systems for network information security complaints and reports, publish information such as on the methods for making complaints and reporting, and promptly accept and handle complaints and reports related to network information security.

Article 24: Relevant departments shall employ technological measures and other necessary measures to prevent, stop, and investigate violations and crimes such as the theft, illegal acquisition, sale, or illegal provision of the identification and log information collected or recorded by internet information service providers or internet access service providers.

The information acquired by relevant departments and their staffs in the course of performing internet information oversight and management shall be kept confidential and only used as needed for oversight and management or law enforcement work, it must not be leaked, modified, or illegally destroy, and must not be sold or illegally provided to others.

Article 25: The following conduct disrupting order online must not be carried out by any organization or individual for the purpose of profit or to obtain illegal benefits:

(1)Publishing, or accepting compensation to provide publication services for, information known to be false;

(2) Providing services for others to delete, block, replace, or bury information for compensation;

(3) Mass resale, registration, and provision of accounts on internet information services, which are used for violations and crimes;

(4) Participating in activities such as faking clicks, votes, reviews, or transactions, to undermine internet creditworthiness systems.

Article 26: All organizations and individuals engaged in internet information services shall obey the Constitution and laws, comply with public order, and respect social mores; and must not make, reproduce, publish, or transmit information with the following content, or intentionally provide technological or equipment supports, or other assistance, for the creation, reproduction, publication, or transmission of information with the following content:

(1) Opposition to the basic principles set forth by the Constitution; endangerment of the nation's security, honor and interests; leaking state secrets, instigation of subversion of state power, overthrowing the socialist system, incitement to separatism, and undermining national unity;

(2) Advocating terrorism, extremism, ethnic hatred, ethnic discrimination, undermining ethnic unity, undermining national religious policies, and promoting cults and feudal superstition;

(3) Information that the fabrication or dissemination of disturbs the order of the financial market, as well other false information that disturbs market and economic order;

(4) The fabrication and transmission of false information such as on dangers, epidemics, police, natural disasters, production safety, food and drug safety, and other aspects that disrupt social order.

(5) Disseminating information falsely in the name of state institutions, social organizations and their staff or other legal persons, or disseminate information in the name of others for the purpose of breaking the law or committing crimes;

(6) Disseminating information that incites illegal assemblies, associations, processions, demonstrations, or that disrupts the order of social management or undermines social stability;

(7) Transmitting obscene, violent, gambling, murder, and terrorist information, as well as information instigating crimes, teaching criminal tactics and methods, producing or trading in prohibited or controlled items, committing fraud and other illegal and criminal activities;

(8) Information that insults or defames others, infringes on the reputation, privacy, intellectual property rights or other legal rights and interests of others; as well as information that endangers the physical and mental health of minors and is not conducive to the healthy growth of minors;

(9) Other information prohibited by laws and administrative regulations.

Article 27: Where internet information service providers or internet access service providers discover the publication or transmission of information with content listed in article 26 of these Measures, they shall stop the transmission, and employ measures to eliminate or otherwise handle it, prevent the spread of the information, save relevant records, and report it to the internet information departments, telecommunications departments, and public security organs.

Where internet information departments, telecommunications departments, public security organs, and other relevant department discover the publication or transmission of information with the content listed in article 26 of these Measures, they shall, in accordance with their duties, require the internet service providers or internet access service providers to stop the transmission, and employ measures to eliminate or stop it, blocking the transmission of the illegal information and storing relevant records; where the information described above originates from outside the mainland territory of the PRC, the state internet information departments and relevant departments are to notify the relevant bodies to employ technological measures and other necessary measures to block transmission.

Relevant state bodies are to employ technological measures and other necessary measures in accordance with law, to block the publication or transmission of information that is prohibited by laws or administrative regulations from outside the mainland territory of the PRC.

State provisions must not be violated by any organization or individual to provide technical support or other assistance to others in obtaining or transmitting information in the preceding paragraphs that has been blocked in accordance with law.

Article 28: Engagement in internet information services shall comply with state standards and mandatory requirements.

Article 29: Internet information service providers and Internet network access service providers shall establish emergency response mechanisms and promptly employ emergency response measures when necessary.

Chapter IV: Oversight Inspections

Article 30: Internet information departments, telecommunications departments, and other relevant departments shall make public disclosures on the circumstances of licensing and filings for internet information service providers.

Article 31: Internet information departments, telecommunications departments, public security departments, or other relevant departments shall conduct oversight inspections of internet information service providers on the basis of their respective duties, to promptly uncover conduct in violation of these Measures.

Oversight inspections and other law enforcement duties performed in accordance with law by internet information departments, telecommunications departments, public security organs, or other relevant departments shall be carried out by two or more law enforcement personnel conduct. Law enforcement personnel shall possess law enforcement credentials, shall proactively present their law enforcement identification during law enforcement, and record the circumstances of oversight inspections.

Article 32: When internet information departments, telecommunications departments, public security organs, or other relevant departments perform oversight inspections and other law enforcement duties in accordance with law, internet information service providers and internet access service providers shall cooperate, and must not refuse or obstruct.

Article 33: Internet information departments, telecommunications departments, public security organs, and other relevant departments shall establish systems for sharing oversight and management information and circulating information, to strengthen communication and cooperation.

Where in lawfully carrying out internet security oversight and management, the public security organs discover that internet information service providers or internet access service providers have violated these measures and are to be given administrative punishments in accordance with law, they shall notify the internet information departments, telecommunications departments, and other relevant departments, and recommend that the licensing or filing organs cancel licenses or filings.

Article 34: Where any organization or individual discovers that internet information service providers or internet access service providers have conduct in violation of these Measures, they should make a report or accusation to the relevant departments.

Reports received by internet information departments, telecommunications departments, public security departments, or other relevant departments shall be promptly addressed in accordance with law, and where they are not within that department's duties, shall be promptly transferred to the relevant departments. Relevant departments shall preserve the confidentiality of the informants' information and protect the lawful rights and interests of the informant.

Article 35: After internet information departments, telecommunications department, public security organs, and other relevant departments accept cases of administrative violations, they may employ compulsory measures such as sealing or seizure of electronic equipment, storage media, items, facilities, and venues related to the suspected illegal conduct, and may make inquiries into bank accounts suspected of involvement in the illegal conduct.

Chapter V: Legal Responsibility

Article 36: Where internet information departments, telecommunications departments, public security organs, and other relevant departments and their staffs violate the provisions of article 24 of these Measures, by using information they obtained during the performance of internet information content oversight and management for other purposes, the directly responsible managers and other directly responsible persons are to be given sanctions in accordance with law.

Where internet information departments, telecommunications departments, public security organs, and other relevant departments or their staffs derelict their duties, abuse their authority, twist the law for personal gain, or use their office to facilitate seeking or receiving property from others, but a crime is not constituted, they are to be given sanctions in accordance with law.

Article 37: Where article 7 or 10 of these Measures are violated, the telecommunications departments are to order internet access service providers to stop providing access services and confiscate unlawful gains, and may give a consecutive fine of up to 500,000 RMB.

Where the first or third paragraph of article 13 of these Measures are violated, the telecommunications departments are to give a fine of between 100,000 and 1,000,000 RMB, and may order a suspension of relevant operations, a suspension for rectification, cancelation of telecommunications business permits or revocation of filing numbers; and give fines of between 10,000 and 100,000 RMB to the directly responsible managers and other directly responsible persons.

Where internet information service providers violate article 12 of these Measures by engaging in relevant internet information services without authorization, the internet information departments or other relevant departments are to order them to stop relevant internet information services and confiscate unlawful gains on the basis of their respective duties; and where the unlawful gains are 10,000 RMB or more, give a fine of between 5 and 10 times the value of the unlawful gains; where the unlawful gains are less than 10,000 RMB or there are no unlawful gains, a fine of up to 100,000 RMB may be given; and where the circumstances are serious, the telecommunications departments are to cancel their telecommunications business licenses or revoke their filing numbers.

Article 38: Where internet information service providers violate the provisions of Chapter II of these Measures by obtaining licenses or filing numbers through fraud, bribery, or other improper methods, the organ that did the licensing or filing is to revoke the corresponding licenses or filing numbers and confiscate unlawful gains, and may give a concurrent fine of up to 1,000,000 RMB.

Article 39:Where internet information service providers violate the provisions of paragraph 2 of Article 13, Article 14, Article 16, Article 17, Article 23, or Article 32 of these Measures, the internet information departments, telecommunications departments, public security organs, or other relevant departments are to give warnings, order that corrections be made within a set period of time, and confiscate unlawful gains on the basis of their respective duties; where corrections are refused or the circumstances are serious, they are to impose a fine of between 100,000 and 500,000 RMB, and may order the suspension of related operations, suspension of operations for rectification, website closures, cancellation of relevant business permits or business licenses by the organs that issued them; and the directly responsible managers and other directly responsible persons are to be fined between 10,000 and 100,000 RMB.

Article 40: Where internet access service providers violate the provisions of paragraph 3 of Article 16, Article 23, or Article 32 of these Measures, the internet information departments, telecommunications departments, public security organs, or other relevant departments are to give warnings, order that corrections be made within a set period of time, and confiscate unlawful gains on the basis of their respective duties; where corrections are refused or the circumstances are serious, they are to impose a fine of between 100,000 and 500,000 RMB, and may order the suspension of related operations, suspension of operations for rectification, and cancellation of relevant business permits or business licenses by the organs that issued them; and the directly responsible managers and other directly responsible persons are to be fined between 10,000 and 100,000 RMB.

Article 41: Where article 15 or paragraph 4 of article 17 of these Measures is violated but a crime is not constituted, the public security organs are to confiscate unlawful gains, give up to 5 days detention, and may give a concurrent fine of between 50,000 and 500,000 RMB; where the circumstances are serious, between 5 and 15 days detention are to be given, and a concurrent fine of between 100,000 and 1,000,000 RMB.

Where units violate article 15 or paragraph 4 of article 27 of these measures, the public security organs are to confiscate the unlawful gains, give a fine of between 100,000 and 1,000,000 RMB, and punish the directly responsible managers and other directly responsible persons in accordance with the provisions of the preceding paragraph.

Article 42: Where the providers of internet services such as Internet access, internet information services, or domain name registration and resolution violate Articles 18-21 of these Measures, the internet information departments, telecommunications departments, and public security organs are to give warnings, order that corrections be made within a set period of time on the basis of their respective duties, and confiscate unlawful gains; and where corrections are refused or the circumstances are serious, a fine of between 100,000 and 500,000 RMB is to be given, and they may be ordered to suspend related operations or suspend operations for rectification; relevant business permit and licenses are to be cancelled by the organs that issued them, and the directly responsible managers and other directly responsible persons are to be given a fine of between 10,000 and 100,00 RMB.

Article 43: Where the providers of internet services such as Internet access, internet information services, or domain name registration and resolution violate Article 22, paragraph 1 of these Measures, the public security organs and state security organs shall give warnings and order that corrections be made within a set period of time on the basis of their respective duties; and where corrections are refused or the circumstances are serious, a fine of between 100,000 and 500,000 RMB is to be given, and they may be ordered to suspend related operations or suspend operations for rectification.

Where the providers of internet services such as Internet access, internet information services, or domain name registration and resolution violate Article 22, paragraph 2 of these Measures, the internet information departments and telecommunications departments are to give warnings and order that corrections be made within a set period of time on the basis of their respective duties; and where corrections are refused or the circumstances are serious, a fine of between 100,000 and 500,000 RMB is to be given, and they may be ordered to suspend related operations or suspend operations for rectification.

Article 44:Where Article 25 of these Measures, the internet information departments, telecommunications departments, and public security organs are to give warnings, order that corrections be made in a set period of time, and confiscate unlawful gains on the basis of their respective duties; where corrections are refused or the circumstances are serious, a fine of between 100,000 and 1,000,000 RMB is to be given, and they may be ordered to suspend relevant operations, suspend operations for rectification, close down websites, and have business permits or licenses canceled by the organ that issued them; and the directly responsible managers and other directly responsible persons are to be fined between 10,000 and 100,000 RMB.

Article 45:Where internet information service providers or internet access service providers violate the provisions of Article 32 of these Measures, the internet information departments, telecommunications departments, and public security organs, are to order corrections, give warnings, and confiscate unlawful gains on the basis of their respective duties; where corrections are refused or the circumstances are serious, they are to impose a fine of between 100,000 and 500,000 RMB, and may order the suspension of related operations, suspension of operations for rectification, closure of websites, and cancellation of relevant business permits or business licenses by the organs that issued them; and the directly responsible managers and other directly responsible persons are to be fined between 10,000 and 100,000 RMB.

Where units or individuals other than internet access service providers or internet information service providers violate the provisions of Article 262 of these Measures, the internet information departments, telecommunications departments, and public security organs, are to give warnings, order that corrections be made in a set period of time and confiscate unlawful gains on the basis of their respective duties, fine individuals between 10,000 and 500,000 RMB, and fine units between 100,00 and 1,000,000 RMB.

Article 46:Where internet information service providers or internet access service providers violate the provisions of the first paragraph of Article 27 of these Measures, by not stopping the transmission of information the publication of which is prohibited by laws or regulations, not employing measures to eliminate or address it, or not storing relevant records; the internet information departments, telecommunications departments, and public security organs are to order corrections, give warnings, and confiscate unlawful gains on the basis of their respective duties; where corrections are refused or the circumstances are serious, they are to impose a fine of between 100,000 and 500,000 RMB, and may order the suspension of related operations, suspension of operations for rectification, closure of websites, and cancellation of relevant business permits or business licenses by the organs that issued them; and the directly responsible managers and other directly responsible persons are to be fined between 10,000 and 100,000 RMB.

Article 47:Where these measures are violated and the telecommunications departments cancel telecommunications business licenses, or revoke telecommunications business licenses or filing numbers, the telecommunications departments are to inform internet access service providers and domain name resolution service providers to stop providing them with services and notify relevant departments to revoke related internet information service licenses.

Article 48:The administrative punishments given by internet information departments, telecommunications departments, public security organs, and other relevant departments for violations of these Measures, shall be recorded in credit archives and published.

Article 49: The state is to establish a blacklist system for Internet information services, and organizations and individuals whose licenses or filings have been revoked or canceled by the competent departments must not reapply for the corresponding licenses or records within three years; and organizations and individuals who have been ordered by the competent departments to unregister accounts or shut down websites, internet service providers must not provide them with the same type of services for three years.

Article 50:Where violations of these Measures cause harm to others, civil liability is to be borne in accordance with law; where it constituted a violation of public security administration, public security administration punishments are to be given in accordance with law; where a crime is constituted, criminal responsibility is to be pursued in accordance with law.

Article 51:Where internet information service providers, internet access service providers, users as well as other work units and individuals are unsatisfied with administrative acts made by relevant departments on the basis of these Measures, they may apply for administrative reconsideration or initiate administrative litigation in accordance with law.

Chapter VI: Supplemental Provisions

Article 52:The meanings of the following terms used in these Measures:

(1) "Internet information services" refers to platforms providing users with Internet information publishing and use, including but not limited to Internet news information services, search engines, instant messaging, interactive information services, webcasting, online payment, advertising, online storage, online shopping, online booking, downloading applications, and other such Internet services.

(2) "Internet network access services" refers to services that provide Internet information service providers with network access, including internet data center operations, content distribution network operations, internet access operations, and so forth; The specific business forms include but are not limited to network agency, hosting, space rental, and the like.

Article 53:Where the internet is used to provide internet information services specifically to television terminals, management is to be conducted in accordance with laws, regulations, and rules on the management of television broadcasts.

Article 54:These Measures take effect on __/__/20__.

 

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