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Damning N.Y. AG report on Cuomo ensnares HRC president

The damning report finding New York Gov. Andrew Cuomo violated the law by barring sexually harassing as many as 11 women on his staff has ensnared the president of the nation’s leading LGBTQ group, Alphonso David of the Human Rights Campaign.

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hate crimes, gay news, Washington Blade

The damning report finding New York Gov. Andrew Cuomo violated the law by sexually harassing as many as 11 women on his staff has ensnared the president of the nation’s leading LGBTQ advocacy group, Alphonso David of the Human Rights Campaign.

Although David insists the report does not indicate any wrongdoing on his behalf, the findings indicate after his tenure as counselor to Cuomo, that he kept the personnel file for an employee within the office accusing the governor of sexual misconduct, then assisted in efforts to leak that file to the media in an attempt to discredit her.

Further, the report finds David allegedly said he would help find individuals to sign their names to a draft op-ed that sought to discredit the survivor, but went unpublished, although he wouldn’t sign the document himself. Also, the report indicates David was involved in the discussions about another staffer secretly calling and recording a call between a former staffer and another survivor in a separate effort to smear her.

The explosive report from New York Attorney General Letitia James sent shockwaves when it came out Tuesday at a time when the country is still grappling with the treatment of women in the workplace after the “Me Too” movement, prompting fellow Democrats — including President Biden — to call on Cuomo to resign. Cuomo has denied the conclusions of the report and not given any indication he’ll step down from his position as governor.

Nearly a dozen references are made in the report to David, who prior to his tenure as president of the Human Rights Campaign served as counsel for Cuomo. In fact, the report came out on the two-year anniversary of David’s joining the Human Rights Campaign after his time in public service for the State of New York.

Following the issuing of the report on Tuesday, David joined the chorus of high-profile individuals calling on Cuomo to resign as governor. David tweeted, “After reading the AG’s devastating report that concluded Gov. Cuomo engaged in a pattern of sexual harassment, in violation of both federal and state law, he should resign.” The tweet, however, ignores his mentions in the findings or alleged participation in discrediting sexual harassment survivors.

Criticism of David emerged from both the right and left in the aftermath of the report at a time when morale among many in the LGBTQ movement is low amid states advancing and enacting anti-transgender legislation and inaction on the Equality Act in Congress.

The Human Rights Campaign itself has had significant turnover, including in the communications department. Last year, the organization laid off 22 employees, citing the coronavirus pandemic, at a time when the latest IRS 990 for the organization revealed former president Chad Griffin and David drew combined compensation of more than $825,000 in fiscal year 2019. (From January-August 2019, Griffin earned $570,446 plus $18,771 in other compensation; David earned $229,332 and $7,016 in other compensation for the balance of that year after taking over the job.)

David, responding to the report on Cuomo in an email to board members of the Human Rights Campaign and in a phone interview late Tuesday with the Washington Blade, is standing firm in denying any wrongdoing.

In the email to board members, David said the findings “are beyond comprehension to me and they break my heart as a former employee,” referencing the tweet he made calling for Cuomo to resign but also addressing the sections pertaining to himself. David confirmed the accuracy of the email to the Blade.

Maintaining he “had no knowledge of the allegations of harassment outlined in the report,” David said he informed the board of ignorance on the issue “earlier this year” and except for one person, he doesn’t know any survivors referenced in the report. Further, David said that one person “never disclosed” any allegations of sexual misconduct. David discloses his “substantive engagement” with this survivor “involved an investigation of her regarding allegations of racial discrimination by other employees.”

“A final conclusion was ultimately memorialized in a privileged and confidential memo drafted and retained by counsel’s office,” David writes. “After initially being unable to find the file, the Governor’s office requested a copy of the electronic memo from me which I provided (as I am required to do as a former counsel) but my copy was subsequently not relied on because the office found the full official file.”

Addressing the unpublished op-ed intended to discredit the survivor, David writes Cuomo’s office “had reached out to many former employees requesting that we sign a letter supporting the Governor and the office,” but he “declined to sign the letter and it was never released.”

Speaking with the Blade, David confirmed the survivor whom he knows is Lindsey Boylan, a former senior staffer for Cuomo, who was among the first to accuse him of sexual misconduct in the workplace last year.

Meanwhile, the board of the Human Rights Campaign has shown no sign of turning on David. In fact, HRC announced it renewed David’s contract on his two-year anniversary for five more years.

Morgan Cox, chair of the Human Rights Campaign board of directors, and Jodie Patterson, chair of the non-profit Human Rights Campaign Foundation board of directors in a joint statement to the Washington Blade affirmed both boards “have full confidence in Alphonso David as president of the organization.”

“In recognition of his extraordinary leadership during extremely challenging times, we were proud to extend his contract to stay on in his role for five more years,” Cox and Patterson said. “For the last two years he has been boldly leading the organization as it works to achieve its mission: full equality for all LGBTQ people, in the midst of a global pandemic, a nationwide reckoning on racial justice, and the most important presidential election of our lifetimes.”

Speaking with the Blade, David also said he has no intention of stepping down from his position as president of the Human Rights Campaign voluntarily.

“This is my life’s work,” David said. “I’ve been a civil rights lawyer for 20 years. This is what I’ve been doing, this is what I did in government. I wrote the marriage equality law. I drafted the Paid Family Leave Law, drafted the minimum wage law, drafted regulations to prohibit discrimination against trans people. This is my life’s work. So, I intend to continue the work that I’ve been doing because the work of marginalized communities, the work to actually represent marginalized communities is too important.”

David’s role in the report stems mostly from the situation with Boylan. According to the report, Cuomo commented on her attractiveness, including comparing her to a former girlfriend; physically touched her on various parts of her body, including her waist, legs, and back; made inappropriate comments, including saying to her once on a plane, words to the effect of, “let’s play strip poker”; and kissed her on the cheeks and, on one occasion, on the lips.

After Boylan went public, the report says Cuomo’s aides “actively engaged in an effort to discredit her” as a survivor. Among the efforts cited in the report are “disseminating to the press confidential internal documents that painted her in a negative light and circulating among a group of current and former Executive Chamber employees (although not ultimately publishing) a proposed op-ed or letter disparaging Ms. Boylan that the Governor personally participated in drafting.”

David is mentioned in the report both during his tenure as counsel to Cuomo and during his time as Human Rights Campaign president. As part of a workplace conflict in 2018 noted in the report as unrelated to the sexual harassment but otherwise not described, David in his capacity as counsel was charged with managing the situation, the report says. Boylan tendered her resignation from the governor’s office. David, in his capacity as counsel, asked to create a file on Boylan and added the incident to her personnel file, according to the report.

After Boylan tweeted Cuomo is “one of the biggest abusers of all time” a secretary of Cuomo’s, Melissa DeRosa, reached out to David, who was serving as Human Rights Campaign president, on Dec. 9 for a request to see the “full file” for Boylan. David said another staffer would have the information in her possession and be able to provide the file. Days later, David sent files relating to his investigation into Boylan shortly before her departure from the governor’s office, the report says.

David is quoted in the report as saying he kept a copy of Boylan’s files because it “may have been the only instance where [he] was actually involved in a counseling of an employee when [he] was in the Executive Chamber.”

It’s not immediately clear whether David keeping a confidential personnel file of an employee after leaving the workplace violates any laws. A New York State Bar Association spokesperson said the organization has “no ethics opinion on this issue.”

The report, in a subsequent section, continues to address the personnel file from which Cuomo’s office distributed unflattering information about Boylan, saying it came from “counsel’s office,” suggesting the information, at the end of the day, didn’t come from David.

A connection between David and Boylan comes up again in the report in a discussion about a potential op-ed from Cuomo’s office that was intended to discredit Boylan, but was never published. The report says David signaled he wouldn’t be among the signatories of the letter, but would help gather signatures. According to a footnote in the report, DeRosa told other former staff members whom she had asked to sign the letter David said he would sign the letter “if we need him.”

David, commenting on the unpublished op-ed when speaking with the Blade, said there were multiple iterations of the document in a draft form. Although one version was focused on more positive aspects of the workplace under Cuomo, David said another was more focused on Boylan and he wouldn’t sign it.

“I wasn’t willing to sign it because it included facts I couldn’t verify,” David said. “I was not aware of it. I wasn’t personally involved and had no personal knowledge, so I refused to sign the letter and I think everybody else did.”

David comes up in the report in the description of another survivor’s account of Cuomo’s alleged sexual misconduct, identified in the report by her first name Kaitlin.

After coming forward with sexual misconduct allegations, Kaitlin says she suspected she would be smeared for going forward, the report says. True to her predictions, Cuomo allegedly attempted to call her and surreptitiously record her, but nothing came of the effort, the report says.

David and other Cuomo staffers were involved in the internal discussion of plans to call Kaitlin and secretly record her in an effort to defame her, according to the report.

David, speaking with the Blade, said he doesn’t deny that aspect of the report, but his role in the conversation about Kaitlin was limited and pertained to his duties as counsel to Cuomo.

“In that instance, it was simply asking me, in my role as a former counsel what the law was, not the context,” David said.

Charles Moran, managing director of Log Cabin Republicans, was among those seizing on the report as evidence corporate donors should reconsider their support for the Human Rights Campaign.

“It should disturb every corporate donor to the HRC that its president Alphonso David colluded with Gov. Cuomo to smear one of the women Cuomo sexually harassed,” Moran said. “Alphonso David’s behavior is disqualifying and he should resign immediately, but the fault doesn’t just lie with him. The Human Rights Campaign markets itself as champions for LGBT Americans. In reality, it champions left-wing Democrats – apparently even those guilty of sexual harassment – and bullies anyone who gets in their way.”

Max Micallef, a queer rights activist who serves on the Advisory Council of EqualityNY and as the Public Policy Coordinator with GLSEN Lower Hudson Valley, issued a statement on Tuesday calling for both Cuomo and David to resign.

“We all deserve so much better,” Micallef said. “The LGBTQ+ community does not stand for this level of complicity and cowardice. Along with Gov. Cuomo himself, Director McMorrow and President David must step down from their positions immediately as they have clearly failed to represent the interests of LGBTQ+ New Yorkers, and advocate against their systemic violence.”

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South America

Argentina government dismisses transgender public sector employees

Country’s Trans Labor Quota Law enacted in 2021

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Sofia Diaz protests her dismissal from her job at Argentina's National Social Security Administration. (Photo courtesy of Sofia Diaz)

Protests have broken out across Argentina in recent weeks after the dismissal of transgender people from their government jobs.

President Javier Milei’s action is in stark contract with the progress seen in 2023, where the government’s hiring of trans people increased by 900 percent within the framework of the Trans Labor Quota Law that had been in place since 2021. 

Among those affected is Sofia Diaz, a “survivor” who shared her testimony with the Washington Blade hours after she traveled from Chaco Province to Buenos Aires to protest her dismissal.

Presentes, an LGBTQ news agency, reported the government dismissed more than 85 trans employees in less than two weeks.

Diaz, 49, holds a degree in combined arts. She joined the National Social Security Administration (ANSES) in 2022 under the Trans Labor Inclusion Law. The layoffs began in January and left many people feeling uncertain and anguished. It was her turn a few days ago.

Diaz in an interview recounted how the situation became progressively more complicated, with difficulties in accessing information about her employment status and the eventual confirmation of dismissals through WhatsApp messages. This government action, according to Diaz, violates the law.

“We were on a Friday, I think on March 24, in the office and we have a WhatsApp group of other colleagues from all over Argentina who entered through the trans labor quota and they tell us if we can get our pay stubs on the intranet,” Diaz recalled. “So, I tried to enter, I could not, I talked to two other colleagues and they told me no, they could not, and so we went to another person. He couldn’t either.”

“Some people told us that it could be a system error. Well, we were never calm, let’s say not how this issue of installing fear and the perversion with which they do it ends,” she added. “This sadism of … inflicting pain and speculating with your misfortune and so on … is something that characterizes Javier Milei’s government.”

Diaz recalled a list of those dismissed from the agency began to circulate from the union in the afternoon. A colleague passed it on to her, “and well, unfortunately I was also on that list.” 

“At that moment the whole weekend went by with anguish, crying, and talking with other colleagues from other places, not only trans, but everyone, everyone and everyone,” she said. “On Monday when we went to try to enter, we could not enter with the biometric, which is the thumb we had to use every morning to enter.”

Despite the difficult moment through which she is going, the trans activist stressed to the Blade that she will continue protesting and will even sue the government because her dismissal is illegal and “violates the constitution itself.”

The LGBTQ community and its allies have mobilized and organized demonstrations, highlighting the importance of defending the rights won and fighting against discrimination and exclusion. Diaz emphasized the fight is not only for the people affected today, but also for future generations, saying the historical memory of the struggles for inclusion and social justice must be kept alive.

“The Argentine government thus faces a key challenge in human and labor rights, where public pressure and social mobilization can play a determining role in protecting the rights of LGBTQ+ people,” Diaz said. 

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District of Columbia

Catching up with the asexuals and aromantics of D.C.

Exploring identity and finding community

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Local asexuals and aromantics met recently on the National Mall.

There was enough commotion in the sky at the Blossom Kite Festival that bees might have been pollinating the Washington Monument. I despaired of quickly finding the Asexuals and Aromantics of the Mid-Atlantic—I couldn’t make out a single asexual flag among the kites up above. I thought to myself that if it had been the Homosexuals of the Mid-Atlantic I would’ve had my gaydar to rely on. Was there even such a thing as ace-dar?

As it turned out, the asexual kite the group had meant to fly was a little too pesky to pilot. “Have you ever used a stunt kite?” Bonnie, the event organizer asked me. “I bought one. It looked really cool. But I can’t make it work.” She sighed. “I can’t get the thing six feet off the ground.” The group hardly seemed to care. There was caramel popcorn and cookies, board games and head massages, a game of charades with more than its fair share of Pokémon. The kites up above might as well have been a coincidental sideshow. Nearly two dozen folks filtered in and out of the picnic throughout the course of the day.

But I counted myself lucky that Bonnie picked me out of the crowd. If there’s such a thing as ace-dar, it eludes asexuals too. The online forum for all matters asexual, AVEN, or the Asexual Visibility and Education Network, is filled with laments: “I don’t think it’s possible.” “Dude, I wish I had an ace-dar.” “If it exists, I don’t have it.” “I think this is just like a broken clock is right twice a day type thing.” What seems to be a more common experience is meeting someone you just click with—only to find out later that they’re asexual. A few of the folks I met described how close childhood friends of theirs likewise came out in adulthood, a phenomenon that will be familiar to many queer people. But it is all the more astounding for asexuals to find each other this way, given that asexual people constitute 1.7% of sexual minorities in America, and so merely .1% of the population at large. 

To help other asexuals identify you out in the world, some folks wear a black ring on their middle finger, much as an earring on the right ear used to signify homosexuality in a less welcoming era. The only problem? The swinger community—with its definite non-asexuality—has also adopted the signal. “It’s still a thing,” said Emily Karp. “So some people wear their ace rings just to the ace meet-ups.” Karp has been the primary coordinator for the Asexuals and Aromantics of the Mid-Atlantic (AAMA) since 2021, and a member of the meet-up for a decade. She clicked with the group immediately. After showing up for a Fourth of July potluck in the mid-afternoon, she ended up staying past midnight. “We played Cards against Humanity, which was a very, very fun thing to do. It’s funny in a way that’s different than if we were playing with people that weren’t ace. Some of the cards are implying, like, the person would be motivated by sex in a way that’s absurd, because we know they aren’t.” 

Where so many social organizations withered during the pandemic, the AAMA flourished. Today, it boasts almost 2,000 members on meetup.com. Karp hypothesized that all the social isolation gave people copious time to reflect on themselves, and that the ease of meeting up online made it convenient as a way for people to explore their sexual identity and find community. Online events continue to make up about a third of the group’s meet-ups. The format allows people to participate who live farther out from D.C. And it allows people to participate at their preferred level of comfort: while many people participate much as they would at an in-person event, some prefer to watch anonymously, video feed off. Others prefer to participate in the chat box, though not in spoken conversation.

A recent online event was organized for a discussion of Rhaina Cohen’s book, “The Other Significant Others,” published in February. Cohen’s book discusses friendship as an alternative model for “significant others,” apart from the romantic model that is presupposed to be both the center and goal of people’s lives. The AAMA group received the book with enthusiasm. “It literally re-wired my brain,” as one person put it. People discussed the importance of friendship to their lives, and their difficulties in a world that de-prioritized friendship. “I can break up with a friend over text, and we don’t owe each other a conversation,” one said. But there was some disagreement when it came to the book’s discussion of romantic relationships. “It relegates ace relationships to the ‘friend’ or ‘platonic’ category, to the normie-reader,” one person wrote in the chat. “Our whole ace point is that we can have equivalent life relationships to allo people, simply without sex.” (“Allo” is shorthand for allosexual or alloromantic, people who do experience sexual or romantic attraction.)

The folks of the AAMA do not share a consensus on the importance of romantic relationships to their lives. Some asexuals identify as aromantic, some don’t. And some aromantics don’t identify as asexual, either. The “Aromantic” in the title of the group is a relatively recent addition. In 2017, the group underwent a number of big changes. The group was marching for the first time in D.C. Pride, participating in the LGBTQ Creating Change conference, and developing a separate advocacy and activism arm. Moreover, the group had become large enough that discussions were opened up into forming separate chapters for D.C., Central Virginia, and Baltimore. During those discussions, the group leadership realized that aromantic people who also identified as allosexual didn’t really have a space to call their own. “We were thinking it would be good to probably change the name of the Meetup group,” Emily said. “But we were not 100% sure. Because [there were] like 1,000 people in the group, and they’re all aces, and it’s like, ‘Do you really want to add a non-ace person?’” The group leadership decided to err on the side of inclusion. “You know, being less gatekeep-y was better. It gave them a place to go — because there was nowhere else to go.”

The DC LGBT Center now sponsors a support group for both asexuals and aromantics, but it was formed just a short while ago, in 2022. The founder of the group originally sought out the center’s bisexual support group, since they didn’t have any resources for ace folks. “The organizer said, you know what, why don’t we just start an ace/aro group? Like, why don’t we just do it?” He laughed. “I was impressed with the turnout, the first call. It’s almost like we tapped into, like, a dam. You poke a hole in the dam, and the water just rushes out.” The group has a great deal of overlap with the AAMA, but it is often a person’s first point of contact with the asexual and aromantic community in D.C., especially since the group focuses on exploring what it means to be asexual. Someone new shows up at almost every meeting. “And I’m so grateful that I did,” one member said. “I kind of showed up and just trauma dumped, and everyone was really supportive.”

Since the ace and aro community is so small, even within the broader queer community, ace and aro folks often go unrecognized. To the chagrin of many, the White House will write up fact sheets about the LGBTQI+ community, which is odd, given that when the “I” is added to the acronym, the “A” is usually added too. OKCupid has 22 genders and 12 orientations on its dating website, but “aromantic” is not one of them — presumably because aromantic people don’t want anything out of dating. And since asexuality and aromanticism are defined by the absence of things, it can seem to others like ace and aro people are ‘missing something.’ One member of the LGBT center support group had an interesting response. “The space is filled by… whatever else!” they said.  “We’re not doing a relationship ‘without that thing.’ We’re doing a full scale relationship — as it makes sense to us.”

CJ Higgins is a postdoctoral fellow with the Alexander Grass Humanities Institute at Johns Hopkins University.

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Politics

After Biden signs TikTok ban its CEO vows federal court battle

“Rest assured, we aren’t going anywhere,” CEO said

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TikTok mobile phone app. (Screenshot/YouTube)

President Joe Biden signed an appropriations bill into law on Wednesday that provides multi-billion dollar funding and military aid for Ukraine, Israel, and Taiwan after months of delay and Congressional infighting.

A separate bill Biden signed within the aid package contained a bipartisan provision that will ban the popular social media app TikTok from the United States if its Chinese parent company ByteDance does not sell off the American subsidiary.

Reacting, TikTok CEO Shou Zi Chew said Wednesday that the Culver City, Calif.-based company would go to court to try to remain online in the U.S.

In a video posted on the company’s social media accounts, Chew denounced the potential ban: “Make no mistake, this is a ban, a ban of TikTok and a ban on you and your voice,” Chew said. “Rest assured, we aren’t going anywhere. We are confident and we will keep fighting for your rights in the courts. The facts and the constitution are on our side, and we expect to prevail,” he added.

White House Press Secretary Karine Jean-Pierre adamantly denied during a press briefing on Wednesday that the bill constitutes a ban, reiterating the administration’s hope that TikTok will be purchased by a third-party buyer and referencing media reports about the many firms that are interested.

Chew has repeatedly testified in both the House and Senate regarding ByteDance’s ability to mine personal data of its 170 million plus American subscribers, maintaining that user data is secure and not shared with either ByteDance nor agencies of the Chinese government. The testimony failed to assuage lawmakers’ doubts.

In an email, the former chair of the House Intelligence Committee, U.S. Rep. Adam Schiff (D-Calif.), who doesn’t support a blanket ban of the app, told the Washington Blade:

“As the former chairman of the House Intelligence Committee, I have long worked to safeguard Americans’ freedoms and security both at home and abroad. The Chinese Communist Party’s ability to exploit private user data and to manipulate public opinion through TikTok present serious national security concerns. For that reason, I believe that divestiture presents the best option to preserve access to the platform, while ameliorating these risks. I do not support a ban on TikTok while there are other less restrictive means available, and this legislation will give the administration the leverage and authority to require divestiture.”

A spokesperson for U.S. Sen. Alex Padilla (D-Calif.) told the Blade: “Senator Padilla believes we can support speech and creativity while also protecting data privacy and security. TikTok’s relationship to the Chinese Communist Party poses significant data privacy concerns. He will continue working with the Biden-Harris administration and his colleagues in Congress to safeguard Americans’ data privacy and foster continued innovation.”

The law, which gives ByteDance 270 days to divest TikTok’s U.S. assets, expires with a January 19, 2025 deadline for a sale. The date is one day before Biden’s term is set to expire, although he could extend the deadline by three months if he determines ByteDance is making progress or the transaction faces uncertainty in a federal court.

Former President Donald Trump’s executive order in 2020, which sought to ban TikTok and Chinese-owned WeChat, a unit of Beijing-based Tencent, in the U.S., was blocked by federal courts.

TikTok has previously fought efforts to ban its widely popular app by the state of Montana last year, in a case that saw a federal judge in Helena block that state ban, citing free-speech grounds.

The South China Morning Post reported this week that the four-year battle over TikTok is a significant front in a war over the internet and technology between Washington and Beijing. Last week, Apple said China had ordered it to remove Meta Platforms’s WhatsApp and Threads from its App Store in China over Chinese national security concerns.

A spokesperson for the ACLU told the Blade in a statement that “banning or requiring divestiture of TikTok would set an alarming global precedent for excessive government control over social media platforms.”

LGBTQ TikToker users are alarmed, fearing that a ban will represent the disruption of networks of support and activism. However, queer social media influencers who operate on multiple platforms expressed some doubts as to long term impact.

Los Angeles Blade contributor Chris Stanley told the Blade:

“It might affect us slightly, because TikTok is so easy to go viral on. Which obviously means more brand deals, etc. However they also suppress and shadow ban LGBTQ creators frequently. But we will definitely be focusing our energy more on other platforms with this uncertainty going forward. Lucky for us, we aren’t one trick ponies and have multiple other platforms built.”

Brooklyn, N.Y.,-based gay social media creator and influencer Artem Bezrukavenko told the Blade:

“For smart creators it won’t because they have multiple platforms. For people who put all their livelihood yes. Like people who do livestreams,” he said adding: “Personally I’m happy it gets banned or American company will own it so they will be less homophobic to us.”

TikTok’s LGBTQ following has generally positive experiences although there have been widely reported instances of users, notably transgender users, seemingly targeted by the platform’s algorithms and having their accounts banned or repeatedly suspended.

Of greater concern is the staggering rise in anti-LGBTQ violence and threats on the platform prompting LGBTQ advocacy group GLAAD, in its annual Social Media Safety Index, to give TikTok a failing score on LGBTQ safety.

Additional reporting by Christopher Kane

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