Revision as of 22:31, 3 January 2022 editSquareInARoundHole (talk | contribs)Extended confirmed users2,095 editsm →Health and safety concerns: Clarified origin of tweet in linked thread from articleTag: Visual edit← Previous edit | Revision as of 23:12, 3 January 2022 edit undoSquareInARoundHole (talk | contribs)Extended confirmed users2,095 edits →Health and safety concerns: Added context around concerns around Apple's Sunnyvale office with her former residenceTag: Visual editNext edit → | ||
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=== Health and safety concerns === | === Health and safety concerns === | ||
On March 17, 2021, Gjøvik received an email from Apple's environmental health and safety team notifying staff of forthcoming ] testing at the Sunnyvale office building. She asked the team what type of testing had been done in the previous six years, and says she was told not to discuss her concerns with other employees.<ref name=":6"/><ref name=":5" /> She continued to press Apple for information on the reasons for the environmental testing and its results, and says that she was subsequently harassed and humiliated.<ref name=":1">{{Cite news|last=McGee|first=Patrick|last2=Temple-West|first2=Patrick|date=December 13, 2021|title=Apple faces probe over whether it retaliated against whistleblower|work=]|url=https://www.ft.com/content/973aae8d-21d9-4e84-8912-ead071c7935d|access-date=December 30, 2021}}</ref><ref name=":6">{{Cite web|last=Bright|first=Martin|date=December 15, 2021|title=Apple poisoned me: physically, mentally, spiritually|url=https://www.indexoncensorship.org/2021/12/apple-poisoned-me-physically-mentally-spiritually/|url-status=live|access-date=December 31, 2021|website=]|language=en-GB}}</ref><ref name=":9">{{Cite web|last=Eidelson|first=Josh|date=October 12, 2021|title=Apple CEO's Anti-Leak Edict Broke Law, Ex-Employee Alleges|url=https://www.bloomberg.com/news/articles/2021-10-12/apple-ceo-s-anti-leak-edict-broke-the-law-ex-employee-alleges|url-status=live|access-date=December 30, 2021|website=]}}</ref> The building is located on the ] |
In April 2021, Gjøik's account<ref>{{Cite web|last=Gjøvik|first=Ashley|date=2021-03-26|title=I thought I was dying: My apartment was built on toxic waste|url=https://sfbayview.com/2021/03/i-thought-i-was-dying-my-apartment-was-built-on-toxic-waste/|url-status=live|access-date=2022-01-03|website=San Francisco Bay View|language=en-US}}</ref> of what she believed to be chemical exposure from her apartment complex being built on toxic waste from a nearby ] site was noticed by the Executive Director of the Center for Public Environmental Oversight, Lennie Seigel, and sent to the Brownfields Assistance Project mailing list.<ref>{{Cite web|last=Seigel|first=Lenny|title= Santa Clara Square Apartments, Santa Clara, California|url=http://www.cpeo.org/lists/brownfields/2021/msg00047.html|url-status=live|access-date=2022-01-03|website=www.cpeo.org}}</ref> In July, her concerns were heard by the city of ]'s mayor, Lisa Gillmor, where the apartment building is located.<ref>{{Cite web|title=City of Santa Clara Mayor Gillmor's Calendar - July 2021|url=https://www.santaclaraca.gov/Home/ShowDocument?id=18645|url-status=live|website=City of Santa Clara}}</ref> Gjøvik says she spent six months fighting with the apartment building's property managers after becoming ill, and with two doctors, determined that she may have ] poisoning. The ordeal taught her how to research public testing records, and she later discovered that there was a lack of testing in public records around Apple's ] office building.<ref name=":11" /> | ||
On March 17, 2021, Gjøvik received an email from Apple's environmental health and safety team notifying staff of forthcoming ] testing at the Sunnyvale office building. She asked the team what type of testing had been done in the previous six years, and says she was told not to discuss her concerns with other employees.<ref name=":6" /><ref name=":5" /> She continued to press Apple for information on the reasons for the environmental testing and its results, and says that she was subsequently harassed and humiliated.<ref name=":1">{{Cite news|last=McGee|first=Patrick|last2=Temple-West|first2=Patrick|date=December 13, 2021|title=Apple faces probe over whether it retaliated against whistleblower|work=]|url=https://www.ft.com/content/973aae8d-21d9-4e84-8912-ead071c7935d|access-date=December 30, 2021}}</ref><ref name=":6">{{Cite web|last=Bright|first=Martin|date=December 15, 2021|title=Apple poisoned me: physically, mentally, spiritually|url=https://www.indexoncensorship.org/2021/12/apple-poisoned-me-physically-mentally-spiritually/|url-status=live|access-date=December 31, 2021|website=]|language=en-GB}}</ref><ref name=":9">{{Cite web|last=Eidelson|first=Josh|date=October 12, 2021|title=Apple CEO's Anti-Leak Edict Broke Law, Ex-Employee Alleges|url=https://www.bloomberg.com/news/articles/2021-10-12/apple-ceo-s-anti-leak-edict-broke-the-law-ex-employee-alleges|url-status=live|access-date=December 30, 2021|website=]}}</ref> The building is located on the ] Superfund site, where several companies, including TRW, manufactured ] and ] parts. As a result of these manufacturing processes, acids, ], and industrial ] including ] (TCE) were leaked into the soil; primarily during the 1970s. Several projects to mitigate the chemical waste were undertaken after the contamination, and in 2014, the ] (EPA) determined that the issues had been sufficiently addressed. However, air samples taken the following year at nearby locations found "unacceptable" amounts of TCE vapor. A 2019 EPA study found the vapor issue had been managed, but would need a long-term remedy. Gjøvik said she had fainted at work and did not know why, and that this had contributed to her concerns that Apple had not properly tested the site for contaminants. She also stated that she believed Apple hadn't sufficiently informed employees of the possible health issue.<ref name=":0" /> Gjøvik ultimately filed a complaint with the EPA.<ref name=":0" /> | |||
Gjøvik said that when she asked Apple's ] team what options there were for her health-related concerns prior to the company-mandated post-] return to office planned for September 1, 2021 (which was later delayed),<ref>{{Cite news|last=Nicas|first=Jack|last2=Isaac|first2=Mike|date=2021-07-20|title=Apple delays its return to office as the Delta variant surges.|language=en-US|work=]|url=https://www.nytimes.com/2021/07/20/technology/apple-return-to-office-delay.html|access-date=2022-01-03|issn=0362-4331}}</ref> the representative suggested she file an ] (ADA) ] request to continue ]. She said that the accommodation request did not sufficiently address her safety concerns, writing she had "serious concerns about workplace safety of my building and Apple’s other buildings on chemical release sites", but filed the request because it was the only option she was given. She said she was given a ] form to fill out to allow a third-party processor, Sedgwick Claims Management, and Apple to access her medical records. Gjøvik said she refused to fill it out unless only Sedgwick was given access to her medical records.<ref name=":10">{{Cite web|last=Schiffer|first=Zoe|date=2021-09-30|title=Apple’s fortress of secrecy is crumbling from the inside|url=https://www.theverge.com/22700898/apple-company-culture-change-secrecy-employee-unrest|url-status=live|access-date=2022-01-03|website=]|language=en}}</ref> She tweeted about the incident, criticizing the company for advising her to use the ] (EAP), ], and ADA accommodations instead of addressing her complaints, and linked to ]'s, another former employee who had been vocal about workplace issues, tweet of the medical forms Gjøvik said she received, which also stated the release gave Apple, and its authorized agents, access to the signer's medical records for a period of two years. The posted forms also asked specific questions surrounding chemicals and irritants, and asked why alternative accommodations such as ] were not sufficient. Gjøvik referred to the forms themselves as "a problem",<ref name=":3" /> and additionally said she never received the accommodation.<ref name=":10" /> | Gjøvik said that when she asked Apple's ] team what options there were for her health-related concerns prior to the company-mandated post-] return to office planned for September 1, 2021 (which was later delayed),<ref>{{Cite news|last=Nicas|first=Jack|last2=Isaac|first2=Mike|date=2021-07-20|title=Apple delays its return to office as the Delta variant surges.|language=en-US|work=]|url=https://www.nytimes.com/2021/07/20/technology/apple-return-to-office-delay.html|access-date=2022-01-03|issn=0362-4331}}</ref> the representative suggested she file an ] (ADA) ] request to continue ]. She said that the accommodation request did not sufficiently address her safety concerns, writing she had "serious concerns about workplace safety of my building and Apple’s other buildings on chemical release sites", but filed the request because it was the only option she was given. She said she was given a ] form to fill out to allow a third-party processor, Sedgwick Claims Management, and Apple to access her medical records. Gjøvik said she refused to fill it out unless only Sedgwick was given access to her medical records.<ref name=":10">{{Cite web|last=Schiffer|first=Zoe|date=2021-09-30|title=Apple’s fortress of secrecy is crumbling from the inside|url=https://www.theverge.com/22700898/apple-company-culture-change-secrecy-employee-unrest|url-status=live|access-date=2022-01-03|website=]|language=en}}</ref> She tweeted about the incident, criticizing the company for advising her to use the ] (EAP), ], and ADA accommodations instead of addressing her complaints, and linked to ]'s, another former employee who had been vocal about workplace issues, tweet of the medical forms Gjøvik said she received, which also stated the release gave Apple, and its authorized agents, access to the signer's medical records for a period of two years. The posted forms also asked specific questions surrounding chemicals and irritants, and asked why alternative accommodations such as ] were not sufficient. Gjøvik referred to the forms themselves as "a problem",<ref name=":3" /> and additionally said she never received the accommodation.<ref name=":10" /> | ||
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Gjøvik spoke to press about her concerns pertaining to data privacy with an internal ] tool called "Radar", which stores reports indefinitely and has broad defaults for employee access. Gjøvik filed a bug report in 2019 about Apple's photo search software returning "a selfie I took of myself in bed after laparoscopic surgery to treat my ]" when she entered the search term "infant".<ref name=":2">{{Cite web|last=Schiffer|first=Zoe|date=August 30, 2021|title=Apple cares about privacy, unless you work at Apple|url=https://www.theverge.com/22648265/apple-employee-privacy-icloud-id|url-status=live|access-date=December 30, 2021|website=]|language=en}}</ref> The report couldn't be subsequently removed, and the default sharing settings allowed Apple's entire software engineering team to view the details of the report.<ref name=":2">{{Cite web|last=Schiffer|first=Zoe|date=August 30, 2021|title=Apple cares about privacy, unless you work at Apple|url=https://www.theverge.com/22648265/apple-employee-privacy-icloud-id|url-status=live|access-date=December 30, 2021|website=]|language=en}}</ref> | Gjøvik spoke to press about her concerns pertaining to data privacy with an internal ] tool called "Radar", which stores reports indefinitely and has broad defaults for employee access. Gjøvik filed a bug report in 2019 about Apple's photo search software returning "a selfie I took of myself in bed after laparoscopic surgery to treat my ]" when she entered the search term "infant".<ref name=":2">{{Cite web|last=Schiffer|first=Zoe|date=August 30, 2021|title=Apple cares about privacy, unless you work at Apple|url=https://www.theverge.com/22648265/apple-employee-privacy-icloud-id|url-status=live|access-date=December 30, 2021|website=]|language=en}}</ref> The report couldn't be subsequently removed, and the default sharing settings allowed Apple's entire software engineering team to view the details of the report.<ref name=":2">{{Cite web|last=Schiffer|first=Zoe|date=August 30, 2021|title=Apple cares about privacy, unless you work at Apple|url=https://www.theverge.com/22648265/apple-employee-privacy-icloud-id|url-status=live|access-date=December 30, 2021|website=]|language=en}}</ref> | ||
In September 2021, Gjøvik criticized Apple's employee privacy policy which she says states that workers have no expectation of privacy when using a personal device for Apple business, and led her to believe the company could surveil employees on any personal devices connected to the same ] account. She says the implication of possible employee surveillance under the policies led her to walk around her apartment and unplug all of her electronics and remove all of her personal information off of Apple's servers.<ref>{{Cite web|last=Roach|first=Sarah|date=2021-09-20|title=Worker surveillance is making employees miserable|url=https://www.protocol.com/workplace/worker-surveillance-is-making-employees-miserable|access-date=2022-01-03|website=Protocol — The people, power and politics of tech|language=en}}</ref><ref>{{Cite web|last=Knight|first=Sam|date=19 December 2021|title=Apple Employee Blows Whistle on Illegal Spying and Toxic Working Conditions|url=https://truthout.org/articles/apple-employee-blows-whistle-on-illegal-spying-and-toxic-working-conditions/|url-status=live|access-date=2022-01-03|website=]|language=en-US}}</ref> | In September 2021, Gjøvik criticized Apple's employee privacy policy which she says states that workers have no expectation of privacy when using a personal device for Apple business, and led her to believe the company could surveil employees on any personal devices connected to the same ] account. She says the implication of possible employee surveillance under the policies led her to walk around her apartment and unplug all of her electronics and remove all of her personal information off of Apple's servers.<ref>{{Cite web|last=Roach|first=Sarah|date=2021-09-20|title=Worker surveillance is making employees miserable|url=https://www.protocol.com/workplace/worker-surveillance-is-making-employees-miserable|access-date=2022-01-03|website=Protocol — The people, power and politics of tech|language=en}}</ref><ref name=":11">{{Cite web|last=Knight|first=Sam|date=19 December 2021|title=Apple Employee Blows Whistle on Illegal Spying and Toxic Working Conditions|url=https://truthout.org/articles/apple-employee-blows-whistle-on-illegal-spying-and-toxic-working-conditions/|url-status=live|access-date=2022-01-03|website=]|language=en-US}}</ref> | ||
=== Harassment and discrimination === | === Harassment and discrimination === |
Revision as of 23:12, 3 January 2022
Program manager and whistleblower
Ashley Gjøvik | |
---|---|
Born | 1985 or 1986 (age 38–39) |
Occupation | Program manager |
Known for | Whistleblowing at Apple Inc. |
Ashley Gjøvik (born 1985 or 1986) is an American program manager and activist who is known for her whistleblowing and labor complaints against Apple Inc. After she raised her concerns about Apple in 2021, including those pertaining to possible environmental contamination at an Apple office that is built upon a Superfund site, Gjøvik alleged she experienced retaliation that ultimately ended in her firing. Apple fired her in September 2021 for allegedly leaking confidential intellectual property, which Gjøvik denies.
Education and career
Gjøvik completed a Bachelor of Science in Liberal Studies from Portland State University in 2012, and earned a Project Management Professional certification in 2013.
Gjøvik began working at Apple in 2015, and remained there until September 2021, by which time she had become a senior engineering program manager working out of their Sunnyvale, California office. While working at Apple, Gjøvik also studied transitional justice at University of Oxford and began a law degree at Santa Clara University. As of 2021, she was in her fourth year of law school at Santa Clara University. She also worked with a law group that helps asylum seekers, and has published writing about public health, privacy, and human rights.
Apple complaints
After raising concerns internally with Apple, Gjøvik began speaking openly on Twitter and to press. Her allegations against Apple include mishandling of environmental concerns, violations of employee privacy, harassment, and retaliation.
Health and safety concerns
In April 2021, Gjøik's account of what she believed to be chemical exposure from her apartment complex being built on toxic waste from a nearby Superfund site was noticed by the Executive Director of the Center for Public Environmental Oversight, Lennie Seigel, and sent to the Brownfields Assistance Project mailing list. In July, her concerns were heard by the city of Santa Clara, California's mayor, Lisa Gillmor, where the apartment building is located. Gjøvik says she spent six months fighting with the apartment building's property managers after becoming ill, and with two doctors, determined that she may have Volatile Organic Compound poisoning. The ordeal taught her how to research public testing records, and she later discovered that there was a lack of testing in public records around Apple's Sunnyvale, California office building.
On March 17, 2021, Gjøvik received an email from Apple's environmental health and safety team notifying staff of forthcoming vapor intrusion testing at the Sunnyvale office building. She asked the team what type of testing had been done in the previous six years, and says she was told not to discuss her concerns with other employees. She continued to press Apple for information on the reasons for the environmental testing and its results, and says that she was subsequently harassed and humiliated. The building is located on the TRW Superfund site, where several companies, including TRW, manufactured microwave and semiconductor parts. As a result of these manufacturing processes, acids, heavy metals, and industrial solvents including trichloroethylene (TCE) were leaked into the soil; primarily during the 1970s. Several projects to mitigate the chemical waste were undertaken after the contamination, and in 2014, the Environmental Protection Agency (EPA) determined that the issues had been sufficiently addressed. However, air samples taken the following year at nearby locations found "unacceptable" amounts of TCE vapor. A 2019 EPA study found the vapor issue had been managed, but would need a long-term remedy. Gjøvik said she had fainted at work and did not know why, and that this had contributed to her concerns that Apple had not properly tested the site for contaminants. She also stated that she believed Apple hadn't sufficiently informed employees of the possible health issue. Gjøvik ultimately filed a complaint with the EPA.
Gjøvik said that when she asked Apple's employee relations team what options there were for her health-related concerns prior to the company-mandated post-COVID-19 return to office planned for September 1, 2021 (which was later delayed), the representative suggested she file an Americans with Disabilities Act of 1990 (ADA) accommodations request to continue working remotely. She said that the accommodation request did not sufficiently address her safety concerns, writing she had "serious concerns about workplace safety of my building and Apple’s other buildings on chemical release sites", but filed the request because it was the only option she was given. She said she was given a medical release form to fill out to allow a third-party processor, Sedgwick Claims Management, and Apple to access her medical records. Gjøvik said she refused to fill it out unless only Sedgwick was given access to her medical records. She tweeted about the incident, criticizing the company for advising her to use the Employee Assistance Program (EAP), medical leave, and ADA accommodations instead of addressing her complaints, and linked to Cher Scarlett's, another former employee who had been vocal about workplace issues, tweet of the medical forms Gjøvik said she received, which also stated the release gave Apple, and its authorized agents, access to the signer's medical records for a period of two years. The posted forms also asked specific questions surrounding chemicals and irritants, and asked why alternative accommodations such as air purifiers were not sufficient. Gjøvik referred to the forms themselves as "a problem", and additionally said she never received the accommodation.
Employee privacy concerns
Gjøvik has spoken publicly about privacy concerns as an Apple employee. In 2018, Gjøvik's engineering team was involved in a lawsuit, and because she had worked on a project that was relevant to the lawsuit, lawyers requested files from her phone and computer and told her not to delete any files. Gjøvik said her team had recommended against keeping separate phones for her personal and professional use, a practice that other Apple employees also said was commonplace. Gjøvik had personal documents on the phone, including nude photographs, and when she asked if she could delete the photographs, lawyers said no.
"Glimmer", formerly known as "Gobbler", was an internal tool that was created to test Apple's Face ID software before its 2017 launch. The app took photos and brief videos when it sensed a face. Gjøvik described the app as "spyware", saying, "It was taking photos of me in my home, in my bathroom, in bed, anywhere I had my phone ... And it stored these photos somewhere and uploads them sometimes to some place— didn't tell us much". Gjøvik had signed an informed consent form before the app was installed, though Gjøvik and other Apple staff have alleged that agreeing to help test software like Glimmer on company-owned devices was expected of them, with Gjøvik referring to the practice as a "loyalty test".
Gjøvik spoke to press about her concerns pertaining to data privacy with an internal bug tracking tool called "Radar", which stores reports indefinitely and has broad defaults for employee access. Gjøvik filed a bug report in 2019 about Apple's photo search software returning "a selfie I took of myself in bed after laparoscopic surgery to treat my endometriosis" when she entered the search term "infant". The report couldn't be subsequently removed, and the default sharing settings allowed Apple's entire software engineering team to view the details of the report.
In September 2021, Gjøvik criticized Apple's employee privacy policy which she says states that workers have no expectation of privacy when using a personal device for Apple business, and led her to believe the company could surveil employees on any personal devices connected to the same iCloud account. She says the implication of possible employee surveillance under the policies led her to walk around her apartment and unplug all of her electronics and remove all of her personal information off of Apple's servers.
Harassment and discrimination
See also: AppleTooGjøvik has alleged that Apple pressured her into revealing details of sexual harassment she had experienced after she mentioned the incident in an unrelated meeting with a member of Apple's human resources department. She said that Apple took no action related to her report except to reveal her to the employee she had accused. Gjøvik also complained to Apple about sex discrimination from a male manager, and Apple closed an investigation into the incident finding no wrongdoing. Following the closure of the investigation, she wrote on Twitter about the experience on August 2, 2021, "Wanted to share: #Apple employee relations confirmed this #tonepolicing is totally ok feedback for me to get from my #bigtech #male leaders & not #sexist. As this investigation rolls on, I've decided to start Tweeting the stuff they say is 'ok.' I mean, they did say it was ok?" In the tweet, she attached a screenshot of feedback from a manager who wrote that he "didn't hear you going up an octave at the end of your statements" and that she "came across as much more authoritative". Apple opened a second investigation into the allegations in August 2021, and she was placed on paid administrative leave.
Administrative leave, complaints, and firing
Gjøvik alleges that after raising concerns internally and speaking publicly about her concerns with Apple, she was retaliated against repeatedly, and was reassigned. On August 4, 2021, Apple placed her on indefinite paid administrative leave, which she said she requested as a "last resort", and which she later described as "forced" in a complaint. Gjøvik subsequently filed various complaints about Apple with the U.S. Department of Labor's Occupational Safety and Health Administration, the California Department of Fair Employment and Housing (DFEH), the Equal Employment Opportunity Commission (EEOC), and the United States Department of Justice. Both the DFEH and EEOC issued Gjøvik right to sue letters, which indicates that while the agencies were unable to determine if the law was violated and would not be proceeding on her behalf, they believe that if proven in court, Gjøvik's claims against Apple would constitute unlawful discrimination. Right to sue notices are required for individuals to proceed in civil litigation when claiming Title VII violations.
On August 26, 2021, Gjøvik filed a charge with the National Labor Relations Board (NLRB), alleging retaliation as well as harassment by a manager and forced administrative leave. In October 2021, Gjøvik filed a whistleblower complaint with the U.S. Securities and Exchange Commission (SEC) about alleged false statements by Apple to the SEC, pertaining to Apple's no-action letter filed earlier that month stating that their "policy is not to use clauses". Scarlett also filed a whistleblower complaint with the SEC about the no-action letter, providing the agency with a post-employment contract she was offered earlier that month. The no-action filing was subsequently denied by the SEC.
On September 9, 2021, a member of Apple's human resources team contacted her, asking to speak about "a sensitive Intellectual Property matter". Gjøvik replied that she would speak to them, but that the conversation would need to be captured in writing, and she would forward it to the NLRB. Apple replied, "Since you have chosen not to participate in the discussion ... we will move forward with the information that we have" and suspended her employee access. She was formally fired in a third email later that day which stated she had "engaged in conduct that warrants termination of employment, including, but not limited to, violations of Apple policies". The violations claimed by Apple were that she had "disclosed confidential product-related information in violation of Apple policies" and that she had "failed to cooperate and to provide accurate and complete information during the Apple investigatory process". Gjøvik has denied these allegations, referring to the termination as retaliation for speaking out and filing complaints about the company with multiple agencies. She later filed additional charges with the NLRB and the United States Department of Labor for retaliation, which are being investigated by the respective parties.
Gjøvik had previously posted on Twitter a photograph of herself that had been taken by Glimmer, and screenshots of an email that asked her to volunteer to have her ears 3D-scanned to aid in AirPods development. On September 15, 2021, she was asked to remove the two tweets in an email from the O'Melveny & Myers law firm, on behalf of Apple. The email claimed the tweets were violating a confidentiality agreement she'd signed when she first joined the company. Gjøvik complied with the request to remove the tweets, though in communications via a lawyer to Apple she argued that the material she had shared was not labeled confidential and didn't contain anything secret or proprietary, and that the photograph of her couldn't reasonably be argued to be copyrighted by Apple.
Following her termination and subsequent retaliation charges, Gøvik filed an additional charge with the NLRB against Apple in October 2021 following news of a company-wide memo from Tim Cook sent to employees on September 21, 2021. The memo was criticized for conflating product leaks with employee activism around workplace conditions, and a line, "people who leak confidential information do not belong here," as being threatening. Gjøvik alleged that the memo violated the National Labor Relations Act of 1935 in her charge, and additionally challenged several policies in the employee handbook that she says illegally inhibit staff from exercising their federally protected rights including talking to the press, discussing wages, and what can be said on social media. She, and some other legal professionals, believe that this particular charge, if prosecuted, could overturn a "Trump Era" precedent governing workplace policies involving Boeing from December 2017, which weigh employee rights against legitimate business interests. She also said she hopes to disrupt the company’s culture of secrecy.
See also
References
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