Big Tech and the need in India for ex-ante regulation
2 years ago

Big Tech and the need in India for ex-ante regulation

The Hindu  

The Indian anti-trust body, the Competition Commission of India ’s move, in October, to impose a penalty of ₹1,337.76 crore on Google for abusing its dominant position in the android mobile device ecosystem, has forced us, once again, to rethink the market power of Big Tech companies. The EU’s Digital Market Act and “gatekeepers” who will enforce rules and regulations ex-ante to foresee anti-competitive practices is an example. For a consumer, there is a need to establish harmony of the Competition law with the new Consumer Protection Act 2020 and e-commerce rules. Thus, India needs a new ex-ante-based framework that promotes competition by ensuring a level-playing field for the big, the small, the old and the new.

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History of this topic

Privacy as priority: India can’t afford any further delay in notifying data protection rules
1 week, 1 day ago

Privacy as priority: India can’t afford any further delay in notifying data protection rules

Live Mint  

A few days ago, Signzy, a popular Know Your Customer verification service used by India’s top banks and fintech firms, was affected by a cyber attack that may have exposed the sensitive personal information of millions. India’s Digital Personal Data Protection Act was passed six years after the Right to Privacy verdict in 2017. The Digital India Act, touted as …

Suggestions from over 100 entities on Digital Competition Bill under consideration: FM
2 weeks ago

Suggestions from over 100 entities on Digital Competition Bill under consideration: FM

Live Mint  

New Delhi: The government consulted over 100 entities including some of the businesses likely to be impacted by the proposed digital competition law, such as Amazon, Apple India Pvt. The minister told the House in a written reply that pre-legislative consultations on the Draft Digital Competition Bill were held as per the ministry of corporate affairs’ policy. Closed-door consultations were …

Trump policy stance may look to make India favourable for Big Tech
1 month, 2 weeks ago

Trump policy stance may look to make India favourable for Big Tech

Live Mint  

United States president-elect Donald Trump’s pro-business, soft regulatory stance may benefit Big Tech companies such as Alphabet, Apple, Meta and Microsoft, which have faced scrutiny for their alleged anti-competitive practices under the outgoing Joe Biden administration. Lawyers and policymakers believe that Trump's stance could have a spillover effect in India as well, whose tech regulations, which greatly mirror the European …

Transforming India's Economy: The Power of Digital Public Infrastructure
2 months ago

Transforming India's Economy: The Power of Digital Public Infrastructure

Live Mint  

The article highlights the importance of digitalization in transforming India's economy. It emphasizes the role of open platforms and collaboration between the public and private sectors in building a robust digital infrastructure. The government's initiatives, such as the Unified Payments Interface (UPI) and the Open Network for Digital Commerce (ONDC), demonstrate the government's commitment to fostering a digital economy.

India Inc raises concerns over draft Digital Competition Bill
6 months ago

India Inc raises concerns over draft Digital Competition Bill

The Hindu  

India Inc on Tuesday raised its concerns over the draft Digital Competition Bill 2024 in a meeting chaired by MeitY Secretary S Krishnan. Internet and Mobile Association of India proposed recommendations for the Dual Legislation, saying the current Competition Act and the new bill for digital markets are unfair and untenable. The proposed Digital Competition Bill, which seeks to impose …

India's EU-like antitrust law worrying technology firms
6 months, 1 week ago

India's EU-like antitrust law worrying technology firms

Hindustan Times  

By Arpan Chaturvedi India's EU-like antitrust law worrying technology firms NEW DELHI, - India's proposed EU-like antitrust law will pose a fresh regulatory challenge for tech firms including Apple, Google and Meta, laying out strict compliance obligations that could affect their business models. The Indian government is currently examining a panel's February report that proposed a new "Digital Competition Bill" …

Is the Draft Digital Competition Bill too restrictive?
6 months, 3 weeks ago

Is the Draft Digital Competition Bill too restrictive?

The Hindu  

The Ministry of Corporate Affairs has put out a draft Digital Competition Bill to regulate anti-competitive practices in the digital space. The Bill has provisions for identifying Systemically Significant Digital Enterprises – basically large digital platforms. While the Bill seems well-intentioned, various stakeholders have expressed concerns that it is far too invasive and could stifle innovation, undermine the interests of …

A self-harming stance on digital trade tariffs
7 months, 2 weeks ago

A self-harming stance on digital trade tariffs

Hindustan Times  

India was at loggerheads with the developed nations and China at the World Trade Organization’s 13th Ministerial Conference in Abu Dhabi earlier this year. India’s resistance to extending the moratorium on tariffs for digital trade was one point of divergence. At MC-13, India’s posture was at odds with digital trade stalwarts like the US and the European Union member states. …

MSMEs Want Govt to Relook Digital Competition Bill
8 months, 1 week ago

MSMEs Want Govt to Relook Digital Competition Bill

Deccan Chronicle  

The adverse effects of the proposed Digital Competition Bill on MSMEs' ability to access and compete in emerging markets, India SME Forum said in its letter to the government. As the provisions are focused on digital services, it limits the ability of SMEs to extract value from digital platforms and deter from adopting digital trade. This approach could hamper investments …

A needed reform for digital competition
9 months ago

A needed reform for digital competition

Hindustan Times  

With the rising digitalisation of markets, the proposed Digital Competition Act can provide a much-needed reform. PREMIUM The 2002 Competition Act’s ex-post approach—the regulator acts when abuse of dominance occurs—was adequate for the earlier, almost exclusively physical markets. The 2002 Competition Act’s ex-post approach—the regulator acts when abuse of dominance occurs—was adequate for the earlier, almost exclusively physical markets. Also, …

Govt-appointed panel proposes bill to curb anti-competitive practices by tech giants
9 months, 1 week ago

Govt-appointed panel proposes bill to curb anti-competitive practices by tech giants

Hindustan Times  

New Delhi: The Committee on Digital Competition Law, constituted by the Union ministry of corporate affairs, has proposed a legislation to curb anti-competitive business practices used by tech giants such as Amazon, Google and Facebook. In the draft bill, the committee proposed that for certain “core digital services” such as search engines, web browsers and social networking sites, the Competition …

Classifying intermediaries in the upcoming DIA
1 year, 1 month ago

Classifying intermediaries in the upcoming DIA

Hindustan Times  

The enactment of the Digital Personal Data Protection Act of 2023 reflects a concerted effort to establish an Open, Safe, Trusted, and Accountable internet ecosystem. With the data protection regime nearly finalised all eyes are on the Digital India Bill to achieve the objectives of Open, Safe, Trusted and Accountable online space. As the Government works towards this transition from …

How the Digital India Act will shape the future of the country’s cyber landscape
1 year, 2 months ago

How the Digital India Act will shape the future of the country’s cyber landscape

The Hindu  

October 09, 2023 08:30 am | Updated 08:30 am IST Nations worldwide are grappling with the need to update their legal frameworks to adapt to the evolving digital landscape. The recent announcement of the Digital India Act 2023 represents a significant step towards establishing a future-ready legal framework for the country’s burgeoning digital ecosystem. The primary motivation behind the DIA …

HNLU Discussion On ‘Competition Law In Digital Economy - A Future Roadmap For India’
1 year, 2 months ago

HNLU Discussion On ‘Competition Law In Digital Economy - A Future Roadmap For India’

Live Law  

The Research Centre for Consumer and Competition Laws of Hidayatullah National Law University hosted an online discussion on 30th of September, 2023 at 6.00 P.M. Mr. Toshit Shandilya, Partner, AZB & Partners delivered the address on the topic ‘Competition Law in Digital Economy - A Future Roadmap for India’. As technology continues to reshape various industries, questions arise about the …

DC Edit | E-com policy initiative welcome
1 year, 4 months ago

DC Edit | E-com policy initiative welcome

Deccan Chronicle  

The Union government’s decision to finalise the long overdue national e-commerce policy is a welcome move, which will guide one of the fast-growing sectors of the Indian economy. By offering huge discounts, the e-commerce sector has gradually transformed from a $14-billion market in 2014 to $70-billion in 2022 — a growth of five times affecting fortunes of hundreds of brick-and-mortar …

Data market’s future hinges on regulation
1 year, 4 months ago

Data market’s future hinges on regulation

Hindustan Times  

In 1776, when Adam Smith — arguably the most ardent champion of market economics — argued in favour of the invisible hand, there was no telephone, no broadband and no digital data coursing through cables or air waves. Several economists, including Hal Varian, the chief economist of Google, are swayed by the efficiency hypothesis while others liken data to oil …

India passes data protection legislation in Parliament. Critics fear privacy violation
1 year, 4 months ago

India passes data protection legislation in Parliament. Critics fear privacy violation

Associated Press  

NEW DELHI — Indian lawmakers Wednesday approved a data protection legislation that “seeks to better regulate big tech firms and penalize companies for data breaches” as several groups expressed concern over citizens’ privacy rights. The legislation will limit cross-border transfer of data and provide a framework for setting up a data protection authority to ensure compliance from tech companies, Information …

Panel urges govt to finalize digital competition bill
1 year, 4 months ago

Panel urges govt to finalize digital competition bill

Live Mint  

NEW DELHI : The parliamentary standing committee on finance, led by Jayant Sinha, on Thursday urged the Union government to finalise the digital competition bill at the earliest to check a slew of anti-competitive practices plaguing the digital markets. In December, Parliamentary Standing Committee on Finance recommended formation of Digital Competition Law, and defining Big Tech companies as Systemically Important …

India’s data protection law needs refinement
1 year, 5 months ago

India’s data protection law needs refinement

The Hindu  

India is no Europe, and this seems especially true in the face of a task such as drafting and conceptualising a data protection law for over 1.4 billion Indians. The European Union’s data protection law, i.e., the General Data Protection Regulation, came into force in the middle of 2018 and achieved widespread popularity as arguably the most comprehensive data privacy …

Technology was a major focus of PM Modi’s U.S. visit, yet why are U.S tech firms sceptical about digital trade with India?
1 year, 5 months ago

Technology was a major focus of PM Modi’s U.S. visit, yet why are U.S tech firms sceptical about digital trade with India?

The Hindu  

The story so far: During Prime Minister Narendra Modi’s U.S. state visit, cooperation on technology emerged as a prominent talking point and yielded some of the most substantive outcomes, according to Foreign Secretary Vinay Kwatra. However, digital trade is also the area where some of the biggest U.S. tech companies have recently flagged multiple policy hurdles, including “India’s patently protectionist …

Digital India Bill draft to be released in June: Centre
1 year, 7 months ago

Digital India Bill draft to be released in June: Centre

The Hindu  

A full-fledged draft of the Digital India Bill, the law that will be the biggest revamp of laws governing the Internet since the Information Technology Act, 2000 and its subsequent amendments, will be released in the first week of June, Minister of State for Electronics and Information Technology Rajeev Chandrasekhar said in Mumbai on May 23. “The idea is certainly …

How to hold Big Tech to account
1 year, 8 months ago

How to hold Big Tech to account

Hindustan Times  

In what has been a slow session of Parliament in terms of legislative work, the Lok Sabha cleared a much-needed change to India’s competition law. The Competition Amendment Bill, 2022 seeks to tweak the 2002 competition law, which lays down important guardrails for the market in India to be fair, preventing participants from cartelising or abusing positions of dominance. The …

MeitY mystery: Consultation process for Digital India Bill still opaque
1 year, 9 months ago

MeitY mystery: Consultation process for Digital India Bill still opaque

The Hindu  

Published : Mar 23, 2023 10:45 IST - 7 MINS READ The Union government’s ambitious vision of Digital India and its goals of “Catalysing New India’s Techade” are well known. The Bill will also touch upon the idea of “discretionary moderation of fake news” by social media platforms as well as “content monetisation rules for platform-generated and user-generated content”. “The …

Digital India Act: A Black and White Journey Begins After The Festival Of Colours
1 year, 9 months ago

Digital India Act: A Black and White Journey Begins After The Festival Of Colours

ABP News  

Union Minister for State for Electronics And Information Technology Rajeev Chandrasekhar unveiled and gave an overall glimpse of the proposed basic structure/framework and an overall roadmap of the Digital India Act 2023 on March 9, 2023. While on the one hand, the internet, devices and information technology have empowered the citizens of India, at the same time it has also …

Centre to reconsider ‘safe harbour’ clause in IT law
1 year, 9 months ago

Centre to reconsider ‘safe harbour’ clause in IT law

The Hindu  

The Union government on Thursday formally outlined the Digital India Act, 2023 which is a broad overhaul of the decades-old Information Technology Act, 2000. From the 2000s onward, Mr. Chandrasekhar said, platforms for which safe harbour was applied as a concept “have now morphed into multiple types of participants and platforms on the internet, functionally very different from each other, …

Govt Working On Digital India Act To Stop Internet-Aided Circulation Of Criminal, Child Sexual Abuse Material: Union Minister
1 year, 9 months ago

Govt Working On Digital India Act To Stop Internet-Aided Circulation Of Criminal, Child Sexual Abuse Material: Union Minister

News 18  

New Delhi, Mar 3: The government is working on a Digital India Act to incorporate new rules for stopping internet-aided circulation of illegal, criminal and child sexual abuse material, Union Minister Rajeev Chandrashekhar said on Friday. Addressing a conference on ‘Child Sexual Abuse Material ’, hosted by the National Human Rights Commission at the Vigyan Bhawan here, the minister of …

Mint Explainer: How to prevent the birth of digital monopolies
1 year, 11 months ago

Mint Explainer: How to prevent the birth of digital monopolies

Live Mint  

A parliamentary panel has recommended ex-ante regulations for the Indian digital markets to prevent a few companies turning into large monopolies. In fact, regulations can be far broader in scope than competition laws, pushing the development of the digital ecosystem in a direction that may be seen to be socially desirable, for example, pushing companies to share data that may …

Gear up wisely to clamp down on important digital intermediaries
1 year, 11 months ago

Gear up wisely to clamp down on important digital intermediaries

Live Mint  

Hard on the heels of its recommendations on the Competition Bill, 2022, India’s Standing Committee on Finance tabled its report on “anti-competitive practices by big tech companies” in the Lok Sabha on 22 December 2022. To address the unique needs of digital markets, the committee has recommended the introduction of a ‘Digital Competition Act’, which would ensure a fair, transparent …

India panel recommends digital competition act to rein in Big Tech
2 years ago

India panel recommends digital competition act to rein in Big Tech

The Hindu  

An Indian parliamentary panel on Thursday recommended the government enact a digital competition act to regulate anti-competitive business practices by Big Tech companies on its platforms. Prime Minister Narendra Modi's government has had strained relations with many large technology companies, and New Delhi has been tightening the regulation of firms such as Facebook, YouTube and Twitter. "The Committee recommend that …

Significant work done, draft Digital India Act framework by early 2023: MoS IT
2 years, 1 month ago

Significant work done, draft Digital India Act framework by early 2023: MoS IT

The Hindu  

A significant amount of work has been done on proposed Digital India Act, and the draft legislative framework to support 'India's techade' is expected by early 2023, Minister of State for IT Rajeev Chandrasekhar has said. Asked about the status of Digital India Act, which will replace the IT Act, Mr. Chandrasekhar said: "A significant amount of work has been …

Govt to bring in data protection law soon: Rajeev Chandrasekhar
2 years, 3 months ago

Govt to bring in data protection law soon: Rajeev Chandrasekhar

Live Mint  

India will replace the IT Act with a Digital India Act, comprising a modern framework of laws and rules that will act as catalysts for innovation and protecting citizen's rights, said Rajeev Chandrashekhar, minister of state for electronics and information technology. Speaking at the USIBC India Ideas summit, he said that the government will bring a fresh comprehensive legislative framework …

Technology companies wary of law on digital competition
2 years, 4 months ago

Technology companies wary of law on digital competition

The Hindu  

To tackle unfair and predatory practices in the digital market space, the Standing Committee on Finance will be submitting a report in the first week of September on how the competition law needs to evolve for the digital market. “In the first week of September, the Standing Committee on Finance will be submitting a report on the evolution of competition …

Anti-competitive practices: Apple, Google, Netflix, Amazon India executives to depose before Parliamentary panel on Tuesday
2 years, 4 months ago

Anti-competitive practices: Apple, Google, Netflix, Amazon India executives to depose before Parliamentary panel on Tuesday

The Hindu  

Top executives of the Indian arms of Apple, Google, Amazon, Netflix and Microsoft will on August 23 depose before a parliamentary panel looking into anti-competitive practices in the digital space, the committee’s chairman Jayant Sinha said. According to a notice issued by the Lok Sabha Secretariat, the agenda of the meeting is “Oral evidence of the representatives of big tech …

Anti-competitive practices: Apple, Google, Netflix, Amazon India execs to depose before Parliamentary panel
2 years, 4 months ago

Anti-competitive practices: Apple, Google, Netflix, Amazon India execs to depose before Parliamentary panel

India TV News  

Top executives of the Indian arms of Apple, Google, Amazon, Netflix and Microsoft will on Tuesday depose before a parliamentary panel looking into anti-competitive practices in the digital space, the committee's chairman Jayant Sinha said. "Representatives of Apple, Microsoft, Amazon, Google, Netflix, from their Indian arms and a few others will appear before the parliamentary panel on the issue of …

From Accountability to Flexibility, How Competition Amendment Bill Will Strengthen CCI - News18
2 years, 5 months ago

From Accountability to Flexibility, How Competition Amendment Bill Will Strengthen CCI - News18

News 18  

Parliament is the temple of democracy and parliamentary procedures the rites by which the will of the people is translated into practice. According to a Lok Sabha bulletin, the Competition Bill, 2022, seeks to carry out certain essential structural changes in the governing structure of the Competition Commission of India and changes to substantive provisions to address the needs for …

Competition law in digital space: Exclusionary conduct by tech conglomerates
2 years, 7 months ago

Competition law in digital space: Exclusionary conduct by tech conglomerates

Hindustan Times  

The last few decades have witnessed a rise in the use and accumulation of data, often called ‘the oil of the 21st century’. This brief discusses India’s antitrust laws and regulations in the digital space, focusing on the Competition Commission of India and the Indian Competition Act, 2002. Using the actions of Google and Microsoft as case studies, it examines …

Digital markets must be defined well for competition regulation
2 years, 7 months ago

Digital markets must be defined well for competition regulation

Live Mint  

The rise of the digital sector has presented unique challenges for Indian regulatory authorities, including the Competition Commission of India, thanks to significant differences in the way such markets operate compared to traditional markets. The CCI’s approach so far: Until 2016, while defining a ‘relevant market’ for e-commerce companies and marketplaces, the CCI viewed online and offline segments as different …

EU agrees on new digital rules to rein in Big Tech dominance
2 years, 8 months ago

EU agrees on new digital rules to rein in Big Tech dominance

Associated Press  

BRUSSELS — The European Union set the stage for a stepped-up crackdown on big tech companies with an agreement on landmark digital rules to rein in online “gatekeepers” such as Google and Facebook parent Meta. “What we have been deciding about yesterday will start a new era in tech regulation,” the European Union’s lead lawmaker Andreas Schwab, said at a …

MoS Rajeev Chandrasekhar calls for a ‘New Digital Law’ to replace the outdated IT Act 2000
2 years, 10 months ago

MoS Rajeev Chandrasekhar calls for a ‘New Digital Law’ to replace the outdated IT Act 2000

Op India  

Rajeev Chandrasekhar, Minister of State for Electronics and IT, has on Wednesday called for a “new digital law” to replace the 20-year-old “outdated” Information Technology Act of 2000. Speaking at Nasscom’s annual event India Leadership Forum 2022, Chandrashekhar said, “a new digital law that takes into account aspects like citizens’ right to privacy, is needed to keep pace with the …

India’s e-commerce regulatory contradictions: P2B regulatory blindspot
3 years, 3 months ago

India’s e-commerce regulatory contradictions: P2B regulatory blindspot

Hindustan Times  

Despite numerous statutory instruments applicable to E-marketplaces in India, the regulation of platform-to-business users relationships leaves a great deal to be desired. The rise of e-marketplaces in India Of the many emerging trends in Indian e-commerce over the past decade, a notable one is the budding popularity of ‘e-marketplaces’- online platforms that connect sellers/business users with consumers. This indispensable position …

What led to Piyush Goyal’s outburst against India Inc.?
3 years, 4 months ago

What led to Piyush Goyal’s outburst against India Inc.?

The Hindu  

The story so far : Union Commerce Minister Piyush Goyal launched a verbal attack last week against Indian corporations, alleging that they were putting their narrow business interests ahead of the larger national interest. The Tata Group is also concerned that under the new rules it won’t be able to sell goods offered by Starbucks, in which it holds a …

Draft E-commerce Rules: Why are online retailers concerned? | The Hindu In Focus Podcast
3 years, 5 months ago

Draft E-commerce Rules: Why are online retailers concerned? | The Hindu In Focus Podcast

The Hindu  

The Consumer Affairs Ministry last month issued a set of new draft e-commerce rules that has some of the top e-commerce sites rather worried. According to the government, these rules seek to protect consumer interest, prevent unfair trade practices, and encourage fair competition. Among other things, the rules bar certain kinds of flash sales and mis-selling, and make it mandatory …

E-commerce Rules Amendments: Adding Or Stripping Away The Competition Jurisdiction?
3 years, 5 months ago

E-commerce Rules Amendments: Adding Or Stripping Away The Competition Jurisdiction?

Live Law  

The Government of India recently published certain proposed amendments to the Consumer Protection Rules, 2020 seeking public comments and suggestions. Several provisions of the Amendment Rules directly address the issues that are pending investigation before the CCI and lay down detailed regulations on the business practices of e-commerce entities: a) Definition of 'e-commerce entity': The definition of 'e-commerce entity' is …

In Conversation With Ashima Obhan, Senior Partner, Obhan & Associates
3 years, 5 months ago

In Conversation With Ashima Obhan, Senior Partner, Obhan & Associates

Live Law  

Obhan & Associates and Ashima Obhan have been recognized and highly ranked by various international platforms like Chambers and Partners, asialaw, Asian Legal Business and more, for the fantastic work in the technology, media and telecommunications space. As our clients, which include Penguin Random House and HarperCollins, got more comfortable, we got to tackle more complex questions, around sensitive and …

Explained: Will proposed e-commerce rules do away with flash sales, boost Make In India?
3 years, 6 months ago

Explained: Will proposed e-commerce rules do away with flash sales, boost Make In India?

Firstpost  

Along the lines of the grievance officers that social media platforms are required to appoint an India, e-commerce platforms, too, will be mandated to create the roles of a chief compliance officer, nodal contact person, and resident grievance officer The e-commerce marketplace in India is already worth more than $80 billion this year and, by 2027, will have touched $200 …

EXPLAINED: Will Proposed Changes To E-Commerce Rules Do Away With Flash Sales, Boost Make In India?
3 years, 6 months ago

EXPLAINED: Will Proposed Changes To E-Commerce Rules Do Away With Flash Sales, Boost Make In India?

News 18  

The e-commerce marketplace in India is already worth more than $80 billion this year and, by 2027, will have touched $200 billion in value. But the amended rules say that such “no e-commerce entity shall organise a flash sale of goods or services offered on its platform” where such a sale is “organised by fraudulently intercepting the ordinary course of …

Policy creep: The Hindu Editorial on e-commerce and overregulation risks
3 years, 6 months ago

Policy creep: The Hindu Editorial on e-commerce and overregulation risks

The Hindu  

Barely 11 months after the Government notified the Consumer Protection Rules, 2020, the Department of Consumer Affairs has mooted a set of sweeping amendments, ostensibly “to protect the interests of consumers. Among them is a norm stipulating the appointment of a chief compliance officer, a nodal contact person for 24x7 coordination with law enforcement agencies, and another requiring e-commerce entities …

EU antitrust regulators to investigate Google, new e-commerce Indian rules
3 years, 6 months ago

EU antitrust regulators to investigate Google, new e-commerce Indian rules

Op India  

On June 22, European Union Antitrust Regulators opened an investigation against adtech business of Google to examine if the company favoured its own business over rivals, advertisers and online publishers. EU antitrust regulators to investigate Google’s adtech business https://t.co/zz4iQanCP2 pic.twitter.com/eycyhP7kBm — Reuters June 22, 2021 As per reports, Google generated $147 billion in revenue from online ads in 2020. The …

Explained: Government Proposes New E-commerce Rules, Here's What it Means for Consumers
3 years, 6 months ago

Explained: Government Proposes New E-commerce Rules, Here's What it Means for Consumers

News 18  

The central government on Monday proposed amendments to the Consumer Protection Rules, 2020 and sought public comments on banning “mis-selling” and fraudulent “flash sale” of goods and services on e-commerce platforms such as Flipkart and Amazon. The new draft rules have also proposed that every e-commerce entity which intends to operate in India must register itself with the Department for …

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