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VitalSigns
Sep 3, 2011

Dead Reckoning posted:

I guess he should have said "if franchise is not limited to those who are recognized by the government as members of the tribe, the way it is now" but is he wrong? If the 1868 territories were reincorporated into the reservation, the tribes would either have to deny representation to the majority of citizens who are not members of the tribe, find some means of ensuring a demographic majority in the territory, abolish democracy, or find their government run by a white majority.

There are plenty of ways this could be handled. A power-sharing agreement like in Northern Ireland. A constitutional protection for cultural heritage sites and waterways and w/e the tribe cares about with strict enough supermajority requirements that it's defacto impossible to amend them away without the tribe agreeing with you. An upper house with regions having equal representation instead of representatives proportional to population, like the US Senate has.

There are all sorts of examples of systems deliberately designed to protect a minority from a majority while preserving democratic principles, it's not like some new and unprecedented problem that's never been handled before anywhere ever. The US Constitution itself contains safeguards against majority rule.

I mean as long as we're spitballing theoretical governments in the impossible world where the US actually upholds its historical treaty obligations.

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Pellisworth
Jun 20, 2005

Gobbeldygook posted:

So in my hypothetical, you believe this would not actually affect anyone living there who is not a Lakota? People would continue to vote on their city councils, county prosecutors, etc, which would continue to have all the same powers and authority they have now, only the signs at the new reservation border would say WELCOME TO THE LAKOTA NATION, POPULATION BLAH?

Uh, YES. That is exactly what I'm saying. That is how tribal sovereignty works.

Ok, let me lay this out really explicitly.

I am a white dude. My family has owned privately deeded land on a Lakota reservation in the Dakotas for five generations. I went to tribal schools, I have a ton of cousins who are mixed-race and tribal members.

When I drive home, I am greeted by a sign that says

PELLISWORTH COUNTY
POPULATION A FEW THOUSAND LOL
Welcome to the Pellisworth Sioux Reservation

The tribe ONLY has jurisdiction over tribal members. If, hypothetically, the reservations were extended to all the treaty area, it would effectively mean their county-level governments would be run by the tribe, and most of it wouldn't apply to non-members.

Seriously dude, my family has lived on a Lakota reservation as non-members for 100+ years. Unless tribal sovereignty was drastically changed from what exists today, extending the Lakota reservation to the treaty borders would barely impact the white people living there. Tribal governments are incredibly weak and limited in jurisdiction.

linoleum floors
Mar 25, 2012

Please. Let me tell you all about how you're all idiots. I am of superior intellect here. Go suck some dicks. You have all fucking stupid opinions. This is my fucking opinion.
Can I just point out for a minute how ignorant Dead Reckoning and the guy with the retard avatar is. Do either of you have a a morsel of understanding of what indian status even is?

Pellisworth
Jun 20, 2005
btw I am aware my family are literally the rear end in a top hat colonists here

e: when the Lakota were originally settled on reservations, most families were given an allotment of land. But, they didn't have a concept of land ownership and they weren't ranchers or farmers, so many of them sold their allotments to white settlers.

As I recall, the core of our ranch was originally owned by a fellow named Blue Nose, sold to some white guy, then to our family.

The result is about 10% of the population on the rez are white ranchers. Still dirt poor, but honestly better off than most of the tribal members who don't even have a job. No joke, 85% or worse unemployment :smith:

Pellisworth fucked around with this message at 06:31 on Dec 5, 2016

VitalSigns
Sep 3, 2011

linoleum floors posted:

laughing so hard at the morons in this thread frantically trying to shift the goalposts so it looks like they aren't retarded for spending hours arguing that the protestors are wrong and will never affect anything

Right.

This is pretty much a textbook example of why direct action can be a very effective way of achieving political change. Here you have a company doing something unpopular: most people if you ask them aren't in favor of corporate welfare, they don't want oil companies using eminent domain and bulldozing historical sites for a bit of extra profit, and they want investments in green energy instead of doubling down on more fossil fuel infrastructure for a commodity that's killing the planet. But most people are also busy and don't have the time/inclination/patience to actually call their reps and fight and win endless political campaigns against the oil lobby every time they pull this poo poo, so politicians can take the money and count on people not noticing or resigning themselves to the outcome.

But a few hundred or thousand people go stand in front of bulldozers and suddenly instead of just quietly taking campaign donations and letting some permits go through, those politicians have to be publicly a-ok with oil companies murdering a bunch of ordinary people for profit and poo poo it's an easy call to back down from that, no one wants to be the blood for oil guy at reelection time.

Dead Reckoning
Sep 13, 2011

VitalSigns posted:

Maybe you could explain it again because it sounds completely incoherent to me, since you abandon your "morality and unjust outcomes are irrelevant" legalism the moment someone suggests a legal course of action that may lead to outcomes you don't like, now suddenly you want to talk about morality.

Irrelevant. It would be legal to do, and both he and you agree that as long as legal processes are followed the morality and justice of the outcome is irrelevant, so why do you suddenly want to talk about morality now?

They obviously don't have a legal obligation to do so (because the US makes the laws), but I think it would be the right thing to do. And if the US did do that (which they never would lol), it would be legal.
Again, you aren't understanding me. I'm not arguing for or against returning the territories to the tribe at the moment, I'm arguing that returning the territories to the tribes would inherently involve taking them from the present owners based on the way tribal lands are currently administered by the U.S. government. Would you agree with me?

VitalSigns posted:

Well for one thing, the descendants of the people living there at the time of the cession don't actually want to live under the control of the Mexican government, whereas the descendants of the Sioux whose lands were stolen did go to court to get that land back.
I'm not clear on what you are saying. Are you saying that, if a majority of Mexican-Americans living in the Cession wished to return the territory to Mexico, you would be in favor of it?

VitalSigns posted:

There are plenty of ways this could be handled. A power-sharing agreement like in Northern Ireland. A constitutional protection for cultural heritage sites and waterways and w/e the tribe cares about with strict enough supermajority requirements that it's defacto impossible to amend them away without the tribe agreeing with you. An upper house with regions having equal representation instead of representatives proportional to population, like the US Senate has.

There are all sorts of examples of systems deliberately designed to protect a minority from a majority while preserving democratic principles, it's not like some new and unprecedented problem that's never been handled before anywhere ever. The US Constitution itself contains safeguards against majority rule.

I mean as long as we're spitballing theoretical governments in the impossible world where the US actually upholds its historical treaty obligations.
Yeah, unfortunately political arrangements designed explicitly to protect the voting power of a minority ethnic group against an ethnic majority have a rather inauspicious history, and aren't really compatible with American ideas about democracy. It's different when you are talking about protecting civil rights, but when you're talking about actively suppressing the voting power of the majority in order to retain political power for one ethnic group, well, I don't think it's a good idea.

VitalSigns
Sep 3, 2011

Dead Reckoning posted:

Again, you aren't understanding me. I'm not arguing for or against returning the territories to the tribe at the moment, I'm arguing that returning the territories to the tribes would inherently involve taking them from the present owners based on the way tribal lands are currently administered by the U.S. government. Would you agree with me?

Well, as currently constituted no the tribal governments wouldn't have this power. Even if the tribal governments were theoretically made completely sovereign they wouldn't inherently take anything from the present owners, and even if they did the US Government also has and exercises that same power all the time so really all you're complaining about here is that people you don't like might have that power.

Dead Reckoning posted:

I'm not clear on what you are saying. Are you saying that, if a majority of Mexican-Americans living in the Cession wished to return the territory to Mexico, you would be in favor of it?

Self-determination is a pretty significant difference. If Mexican-Americans were so abused by the current California government the way Indian tribes are by state and federal governments that they created a representative government for themselves and sued for self-determination in court I'd say the situation would be significantly different enough from our current reality that their complaints should at least be considered.

This is just a red herring, no one wants what you're talking about except maybe an insignificant number of weirdos, why bring it up.

Dead Reckoning posted:

Yeah, unfortunately political arrangements designed explicitly to protect the voting power of a minority ethnic group against an ethnic majority have a rather inauspicious history, and aren't really compatible with American ideas about democracy. It's different when you are talking about protecting civil rights, but when you're talking about actively suppressing the voting power of the majority in order to retain political power for one ethnic group, well, I don't think it's a good idea.

So you're against the US Senate then? It's blatantly anti-democratic and suppresses the voting power of the majority in order to retain political power for certain minority groups (the residents of less populous states). You're against the 3/4 of states requirement to amend the constitution, which again allows a minority of the country to actively suppress the will of the majority?

It would not be hard to write a constitution that protects the rights of a minority and de facto requires their consent to abrogate those rights: that's literally what large parts of the US Constitution were created to do.

Pellisworth
Jun 20, 2005

Dead Reckoning posted:

Again, you aren't understanding me. I'm not arguing for or against returning the territories to the tribe at the moment, I'm arguing that returning the territories to the tribes would inherently involve taking them from the present owners based on the way tribal lands are currently administered by the U.S. government. Would you agree with me?

You don't understand how tribal sovereignty works in practice.

If, magically, the Sioux reservations were to expand to include all the treaty areas, all of their laws would only apply to tribal members. Tribal governments are subservient to state (mostly) and federal (entirely) governments, and the laws they make only have jurisdiction over tribal members.

Tribal governments have next to no jurisdiction on non-tribal members.

Dead Reckoning
Sep 13, 2011

Pellisworth posted:

Uh, YES. That is exactly what I'm saying. That is how tribal sovereignty works.

Ok, let me lay this out really explicitly...

If you extended the reservation to the treaty borders it would have almost no impact on the white people living there, unless you radically changed the power and jurisdiction of tribal governments. They can't actually do anything unless you're part of the tribe.

Pellisworth posted:

You don't understand how tribal sovereignty works in practice.

If, magically, the Sioux reservations were to expand to include all the treaty areas, all of their laws would only apply to tribal members. Tribal governments are subservient to state (mostly) and federal (entirely) governments, and the laws they make only have jurisdiction over tribal members.

Tribal governments have next to no jurisdiction on non-tribal members.
This is one of things where I'm not entirely clear on what people are advocating. Since apparently the title to all land on federal Indian reservations is held in trust by the federal government rather than the tribes, is the idea that the feds would seize the title to all land within the 1868 borders but let everyone already there keep doing whatever they're doing? If there isn't any change in the status quo, if the tribal government doesn't actually have any sovereignty over land, and wouldn't be granted it by this new arrangement then what exactly is the purpose? OTOH, if the tribal government now has a much larger area from which to collect sales tax, but isn't extending franchise to those areas, doesn't the representation issue rear its head again? How do property taxes work, both currently and in this hypothetical?

Dead Reckoning fucked around with this message at 07:12 on Dec 5, 2016

Dead Reckoning
Sep 13, 2011

VitalSigns posted:

Well, as currently constituted no the tribal governments wouldn't have this power. Even if the tribal governments were theoretically made completely sovereign they wouldn't inherently take anything from the present owners, and even if they did the US Government also has and exercises that same power all the time so really all you're complaining about here is that people you don't like might have that power.
Per the BIA website, "a federal Indian reservation is an area of land... where the federal government holds title to the land in trust on behalf of the tribe." So I'm saying that adding land to a reservation would require the feds to seize the title from the current owners.

VitalSigns posted:

Self-determination is a pretty significant difference. If Mexican-Americans were so abused by the current California government the way Indian tribes are by state and federal governments that they created a representative government for themselves and sued for self-determination in court I'd say the situation would be significantly different enough from our current reality that their complaints should at least be considered.

This is just a red herring, no one wants what you're talking about except maybe an insignificant number of weirdos, why bring it up.
Because you aren't actually drawing a legal distinction, or even a universally applicable moral one. You're saying that Indians are disadvantaged enough that the law should respect their ancient claims to territory, but in your opinion Mexican-Americans are not.

VitalSigns posted:

So you're against the US Senate then? It's blatantly anti-democratic and suppresses the voting power of the majority in order to retain political power for certain minority groups (the residents of less populous states). You're against the 3/4 of states requirement to amend the constitution, which again allows a minority of the country to actively suppress the will of the majority?

It would not be hard to write a constitution that protects the rights of a minority and de facto requires their consent to abrogate those rights: that's literally what large parts of the US Constitution were created to do.
The Senate isn't explicitly designed to maintain the political power of one ethnic group, so it isn't relevant.

Pellisworth
Jun 20, 2005

Dead Reckoning posted:

This is one of things where I'm not entirely clear on what people are advocating. Since apparently the title to all land on federal Indian reservations is held in trust by the federal government rather than the tribes, is the idea that the feds would seize the title to all land within the 1868 borders but let everyone already there keep doing whatever they're doing? If there isn't any change in the status quo, if the tribal government doesn't actually have any sovereignty over land, and wouldn't be granted it by this new arrangement then what exactly is the purpose? OTOH, if the tribal government now has a much larger area from which to collect sales tax, but isn't extending franchise to those areas, doesn't the representation issue rear its head again? How do property taxes work, both currently and in this hypothetical?

who cares?

in what timeline do you foresee this happening? explain to me how the Lakota and Dakota peoples might reasonably regain some sort of jurisdiction over the original treaty lands, given the near-term political climate in the US?

it's the same dumb legalistic rabbit hole which is not currently and most probably never will be relevant

VitalSigns
Sep 3, 2011

Dead Reckoning posted:

Because you aren't actually drawing a legal distinction, or even a universally applicable moral one. You're saying that Indians are disadvantaged enough that the law should respect their ancient claims to territory, but in your opinion Mexican-Americans are not.

Self-determination is a very important concept in law, actually. My argument isn't that Mexican-Americans aren't disadvantaged enough, my argument is that they literally don't want this to happen (and the reason they don't is because they're not disadvantaged enough to prefer Mexican rule to US rule). It's a total red herring.

In an alternate reality where they did have enough grievances to organize a government and demand self-determination yeah sure I think it would be good to at least consider what they had to say. If California government were so bad that millions of people wanted Mexican rule of all things then gently caress at the very least we need to fix a lot of poo poo, stat.

Dead Reckoning posted:

The Senate isn't explicitly designed to maintain the political power of one ethnic group, so it isn't relevant.
Actually it is so designed: the argument for keeping the Senate is that the people in small states have unique experiences and interests that differ enough from the rest of the country that their minority wills deserve extra voting power. Ethnic group boundaries no more or less arbitrary than in invisible line on a map that divides Nevada voter power from California voter power.

But anyway eh you could write a theoretical constitution facially neutrally that still has the desired effect: "three quarters of the local governments must agree to any construction that imposes on these culturally significant sites" *local boundaries just happen to be drawn that 1/3 of them have majority Sioux populations* or whatever.

VitalSigns fucked around with this message at 07:31 on Dec 5, 2016

Doc Hawkins
Jun 15, 2010

Dashing? But I'm not even moving!


Pellisworth posted:

who cares?

...

it's the same dumb legalistic rabbit hole which is not currently and most probably never will be relevant

I think their intention is to have you to admit that it would be bad, and that therefore the world is a better place thanks to past and ongoing oppression of native peoples.

VitalSigns
Sep 3, 2011

Doc Hawkins posted:

I think their intention is to have you to admit that it would be bad, and that therefore the world is a better place thanks to past and ongoing oppression of native peoples.

Unless the natives seized the territory by force and imposed a treaty on the US Government that ensured they'd be able to genocide the white population, then they would have the Mandate of Heaven and the treaties and genocide would be a sound moral basis for the Sioux nation's private property rights.

OhFunny
Jun 26, 2013

EXTREMELY PISSED AT THE DNC
I deleted my Facebook account a few weeks ago, but a former coworker had headed out to join the protests and had been posting updates.

I'm sure they're over the moon about this. This was their first fray into protesting. :unsmith:

Pellisworth
Jun 20, 2005
It makes me really happy to see Native American rights getting some attention. Nowhere in my lifetime have they gotten more media play, though it's still pretty lovely.

hanhepi waste

Doc Hawkins
Jun 15, 2010

Dashing? But I'm not even moving!


VitalSigns posted:

Unless the natives seized the territory by force and imposed a treaty on the US Government that ensured they'd be able to genocide the white population, then they would have the Mandate of Heaven and the treaties and genocide would be a sound moral basis for the Sioux nation's private property rights.

I'm having a hard time believing that he'd really keep consistently to his principles if they became a burden to oil extraction.

botany
Apr 27, 2013

by Lowtax
I can't find the actual news over all the slapfights. So the construction was delayed? Any articles?

Tias
May 25, 2008

Pictured: the patron saint of internet political arguments (probably)

This avatar made possible by a gift from the Religionthread Posters Relief Fund
Jesus gently caress, 172 new posts and still just people replying to Gobbeldygook and Dead Reckoning :psyduck:

I can't make heads and tails of the situation - Anyone know where the pipeline is being rerouted too? Will the protests have to continue?

botany
Apr 27, 2013

by Lowtax
Does this decision have any legs or is it just the Obama admin kicking the can down the road so the Trump admin has to make the call? In the latter case it's hard to see how this substantially changes anything.

botany
Apr 27, 2013

by Lowtax
Here's some grade A crying by the way:

quote:

Energy Transfer Partners and Sunoco Logistics Partners Respond to the Statement from the Department of the Army

DALLAS & NEWTOWN SQUARE, Pa.--(BUSINESS WIRE)--Dec. 4, 2016-- Energy Transfer Partners, L.P. (NYSE: ETP) and Sunoco Logistics Partners L.P. (NYSE: SXL) announced that the Administration’s statement today that it would not at this time issue an “easement” to Dakota Access Pipeline is a purely political action – which the Administration concedes when it states it has made a “policy decision” – Washington code for a political decision. This is nothing new from this Administration, since over the last four months the Administration has demonstrated by its action and inaction that it intended to delay a decision in this matter until President Obama is out of office.

For more than three years now, Dakota Access Pipeline has done nothing but play by the rules. The Army Corps of Engineers agrees, and has said so publicly and in federal court filings. The Corps’ review process and its decisions have been ratified by two federal courts. The Army Corps confirmed this again today when it stated its “policy decision” does “not alter the Army’s position that the Corps’ prior reviews and actions have comported with legal requirements.”

In spite of consistently stating at every turn that the permit for the crossing of the Missouri River at Lake Oahe granted in July 2016, comported with all legal requirements, including the use of an environmental assessment, rather than an environmental impact statement, the Army Corps now seeks to engage in additional review and analysis of alternative locations for the pipeline.

The White House’s directive today to the Corps for further delay is just the latest in a series of overt and transparent political actions by an administration which has abandoned the rule of law in favor of currying favor with a narrow and extreme political constituency.

As stated all along, ETP and SXL are fully committed to ensuring that this vital project is brought to completion and fully expect to complete construction of the pipeline without any additional rerouting in and around Lake Oahe. Nothing this Administration has done today changes that in any way.

Did you know that "policy decision" is Washington code for "political decision"? Now you know!

Raldikuk
Apr 7, 2006

I'm bad with money and I want that meatball!

Tias posted:

Jesus gently caress, 172 new posts and still just people replying to Gobbeldygook and Dead Reckoning :psyduck:

I can't make heads and tails of the situation - Anyone know where the pipeline is being rerouted too? Will the protests have to continue?

It seems they are just taking more time to conside reroute possibilities and further evaluate the environmental impact. But the outcome could be the ACoE approving the same crossing.

If I had to guess it seems that the ACoE saw that the protests weren't going to die down for the winter and it could turn ugly. The oil company already is going to reneg on their contracts even if the permits were approved so a further delay to get it into spring makes sense.

An actual reroute would be interesting because it would still end up crossing the Missouri river and the new pipeline built would have the potential to disturb new historical sites.

Raldikuk fucked around with this message at 10:07 on Dec 5, 2016

Silver Nitrate
Oct 17, 2005

WHAT
http://www.businesswire.com/news/home/20161204005090/en/Energy-Transfer-Partners-Sunoco-Logistics-Partners-Respond

This isn't over.

CommieGIR
Aug 22, 2006

The blue glow is a feature, not a bug


Pillbug

Of course it isn't. Trump has already said he'll force it through, and he's personally invested in the project.

That's the hilarious part about the guy asking someone to toxx and all the people crying over the pipe: You'll get your damned pipeline, and it'll be under the guise of possibly one of the most corrupt US presidents ever to hold office. And you'll be okay with it.

suck my woke dick
Oct 10, 2012

:siren:I CANNOT EJACULATE WITHOUT SEEING NATIVE AMERICANS BRUTALISED!:siren:

Put this cum-loving slave on ignore immediately!

Raldikuk posted:

An actual reroute would be interesting because it would still end up crossing the Missouri river and the new pipeline built would have the potential to disturb new historical sites.
It would be hilarious for DAPL protest camp 2.1 to spring up on someone's lovely farm a few miles upriver. Or, if not, having DAPL protest camp 1.0 being ultimately much ado about nothing.

suck my woke dick fucked around with this message at 11:52 on Dec 5, 2016

Tias
May 25, 2008

Pictured: the patron saint of internet political arguments (probably)

This avatar made possible by a gift from the Religionthread Posters Relief Fund

quote:

DAPL: water protectors defeat coward pipe
:iamafag:

I'd prefer "Black Snake stunned for 1d3 months", but this works!

Condiv
May 7, 2008

Sorry to undo the effort of paying a domestic abuser $10 to own this poster, but I am going to lose my dang mind if I keep seeing multiple posters who appear to be Baloogan.

With love,
a mod


imo, the dapl should be built, but only if it's routed through the richest and most affluent neighborhoods

bag em and tag em
Nov 4, 2008
I'm waiting for the February "we're gonna build a pipe. A big beautiful pipe. And the Natives Americans are going to pay for it" speech.

silence_kit
Jul 14, 2011

by the sex ghost

Condiv posted:

imo, the dapl should be built, but only if it's routed through the richest and most affluent neighborhoods

I don't think you'll get much opposition in this thread to that. Although it's not likely, with rich people's NIMBY game being way stronger than the Standing Rock Sioux's.

DeusExMachinima
Sep 2, 2012

:siren:This poster loves police brutality, but only when its against minorities!:siren:

Put this loser on ignore immediately!

bag em and tag em posted:

I'm waiting for the February "we're gonna build a pipe. A big beautiful pipe. And the Natives Americans are going to pay for it" speech.

I mean, anyone who isn't expecting that is probably too stupid to remember to breathe.

suck my woke dick
Oct 10, 2012

:siren:I CANNOT EJACULATE WITHOUT SEEING NATIVE AMERICANS BRUTALISED!:siren:

Put this cum-loving slave on ignore immediately!

silence_kit posted:

I don't think you'll get much opposition in this thread to that. Although it's not likely, with rich people's NIMBY game being way stronger than the Standing Rock Sioux's.

I support building it through every single NIMBY's backyard and then decomissioning the day after it's done.

wateroverfire
Jul 3, 2010
Who keeps buying the avatars? Daym.

botany
Apr 27, 2013

by Lowtax

wateroverfire posted:

Who keeps buying the avatars? Daym.

I want to know that too, to be honest. There seem to be around three distinct "styles" of red texts around, so either we have three very wealthy goons throwing money at stuff or the admins are trying to get additional revenue by getting people to spend money on avatar change certificates :tinfoil:

suck my woke dick
Oct 10, 2012

:siren:I CANNOT EJACULATE WITHOUT SEEING NATIVE AMERICANS BRUTALISED!:siren:

Put this cum-loving slave on ignore immediately!

botany posted:

I want to know that too, to be honest. There seem to be around three distinct "styles" of red texts around, so either we have three very wealthy goons throwing money at stuff or the admins are trying to get additional revenue by getting people to spend money on avatar change certificates :tinfoil:

One is effectronica five, because effectronica is easily outraged.

botany
Apr 27, 2013

by Lowtax

blowfish posted:

One is effectronica five, because effectronica is easily outraged.

What's his current name now?

Jarmak
Jan 24, 2005

botany posted:

What's his current name now?

Brainiac Five

I was putting my money on that being the source of the AV purchases based on the fact they quickly slid into all having suicide solicitations and Eff's shown willingness to throw money at getting banned and reregging over and over (specifically for telling people to kill themselves).

Dead Reckoning
Sep 13, 2011
Well, that and the utter lack of humor or creativity.

Poland Spring
Sep 11, 2005

Dead Reckoning posted:

Well, that and the utter lack of humor or creativity.

but enough about your posting

DeusExMachinima
Sep 2, 2012

:siren:This poster loves police brutality, but only when its against minorities!:siren:

Put this loser on ignore immediately!
So are we just gonna reserve this thread for trading lukewarm burns until Obama or Trump gets this show back on the road?

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Liquid Communism
Mar 9, 2004

коммунизм хранится в яичках
No sense in closing it when we're going to be right back here in February or so.

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