[HN Gopher] California sent residents' personal health data to L...
       ___________________________________________________________________
        
       California sent residents' personal health data to LinkedIn
        
       Author : anticorporate
       Score  : 158 points
       Date   : 2025-05-15 14:13 UTC (8 hours ago)
        
 (HTM) web link (themarkup.org)
 (TXT) w3m dump (themarkup.org)
        
       | oaththrowaway wrote:
       | Why does a state have ad tracking data? Are they really that hard
       | up for cash that they need to have ad campaigns for people
       | selecting insurance?
        
         | timfsu wrote:
         | I understood it to be the reverse - they advertise on LinkedIn,
         | and the trackers determine whether the users convert once they
         | click through. Not great, but at least not as ill intentioned
        
           | kva-gad-fly wrote:
           | Not sure I understand this, but "I" (coveredca) pay linkedin
           | to place my ads, for which "I" have to use their libraries?
           | That then scrape "my" clients/customer data to linkedin? for
           | them to make more money selling that data?
           | 
           | Does this also mean that those pious popups about "Do not
           | sell my information" are essentially vacuous?
        
         | cryptonector wrote:
         | It could be insiders getting kickbacks.
        
       | 1024core wrote:
       | How is this not a HIPAA violation??
        
         | runjake wrote:
         | Who says it's not? It looks like a HIPAA violation to me.
        
         | SapporoChris wrote:
         | While I wish it was a HIPAA violation, I am not sure it
         | qualifies. "The HIPAA standards apply to covered entities and
         | business associates "where provided" by SS160.102. Covered
         | entities are defined as health plans, healthcare
         | clearinghouses, and healthcare providers who electronically
         | transmit PHI in connection with transactions for which HHS has
         | adopted standards" https://www.hipaajournal.com/what-is-a-
         | hipaa-violation/#what...
         | 
         | Covered California is a health insurance marketplace. It is not
         | an Insurance Carrier or an Insurance Clearing house. Perhaps
         | they're guilty of something else?
        
           | spacemadness wrote:
           | Sounds like HIPAA needs some adjustments made to cover
           | marketplaces.
        
             | AStonesThrow wrote:
             | HIPAA is not designed to protect consumer or patient
             | privacy. That is a silly fiction that voters and
             | constituents believe in order to prop up the legislation.
             | 
             | HIPAA is designed to protect the privacy of providers,
             | clinics, hospitals, and insurance carriers. HIPAA is
             | designed to make it maximally difficult to move PHI from
             | one provider to the next. HIPAA is designed to make it
             | maximally difficult for plaintiff attorneys to discover
             | incriminating malpractice evidence when suing those
             | providers. HIPAA is a stepping-stone to single-payer
             | insurance.
             | 
             | HIPAA also makes it maximally difficult to involve other
             | people, providers, and entities in your health care. No
             | entity under HIPAA can legally divulge the slightest tidbit
             | to your brother, your parents, or anyone who contacts them,
             | unless an ROI is on file. Those ROIs are a thing you have
             | to go pursue on your own -- they are never offered or
             | suggested by the provider -- and those ROIs will expire at
             | the drop of a hat -- and you never know if an ROI is valid
             | until it is tested at the point of that entity requesting
             | information.
        
           | Drunk_Engineer wrote:
           | However, it may violate the state's Electronic Communication
           | Privacy Act.
           | 
           | https://calmatters.org/health/2025/05/covered-california-
           | lin...
        
             | jeron wrote:
             | the state will do an investigation on itself and find no
             | wrongdoing
        
         | wrs wrote:
         | Two reasons: The marketplace is not a covered entity (it
         | doesn't provide healthcare or process transactions), and the
         | information is not a medical record (it's typed in by the user,
         | not generated by a healthcare provider).
         | 
         | However, California has its own more general privacy law about
         | using medical information for marketing purposes.
        
           | kjkjadksj wrote:
           | So if I fill out my medical record form at the doctors office
           | its not a medical record because me the user filled it out
           | before handing it over the front desk?
        
             | wrs wrote:
             | Because you filled it out in the context of interacting
             | with a medical provider, then gave it to them for their
             | records, that is a medical record. (Just like a
             | conversation with your doctor about your history would be.)
             | 
             | If you filled out the same form just to keep in your desk
             | drawer for your family's reference, it would not be. Also,
             | if you ask for a copy of your record, as soon as you take
             | personal possession of it, HIPAA no longer cares about it,
             | because you aren't a covered entity.
             | 
             | (Source: I founded a startup that spent a lot of money on
             | attorneys to confirm this.)
        
             | autoexec wrote:
             | Filling out forms at the doctor's office is one way they
             | trick you into authorizing them to sell your data and no
             | matter how careful you are about it you can still end up
             | having your data sold.
             | https://www.statnews.com/2023/04/07/medical-data-privacy-
             | phr...
        
       | kordlessagain wrote:
       | Covered California, the state's health insurance marketplace,
       | leaked deeply sensitive health information and pregnancy status,
       | domestic abuse disclosures, and prescription drug use to LinkedIn
       | via embedded ad trackers.
       | 
       | It's a pattern we've seen across government and private sectors:
       | infrastructure designed for care is being exploited for
       | behavioral targeting through advertising motions. The public
       | doesn't expect their health decisions to be fed into social ad
       | networks, but the platforms already assume ownership of that data
       | trail.
       | 
       | And of course, it's all connected. The same companies monetizing
       | behavioral profiling at scale are now running the most powerful
       | generative AI systems. Microsoft, which owns LinkedIn, is also
       | the key infrastructure partner of OpenAI. Meta's ad tools were
       | present on these health sites too. Google's trackers are
       | everywhere else.
       | 
       | When you strip away the techno-mystique, what's driving the AI
       | and data arms race isn't wisdom. It's ego, power consolidation,
       | and a pathological fear of being second.
       | 
       | And Sam Altman? He's not stupid. But brilliance without wisdom is
       | just charisma in a predator suit. Why do you think all these
       | services tie directly into AI?
        
         | jajko wrote:
         | Sociopaths being sociopaths, there is nothing more to it. One
         | should _never_ assume those who rose to massive power and
         | wealth on their own are anything else but that. There are few
         | exceptions, or rather well-meaning sociopaths, but they are
         | really an exception.
         | 
         | The idea that they only got there by doing a bit of hard honest
         | work is brutally naive. Its a sad fact of life, but fact it is.
         | Looking at world with such optics, there are hardly any
         | surprises (and no its not all doom and gloom, rather just
         | factual reality with very few disappointments down the line).
        
           | FredPret wrote:
           | It's the idea that class warfare will get us anywhere good
           | that's brutally naive at this point.
        
             | yapyap wrote:
             | I think class warfare will get the working class further
             | than whatever is being done at the moment honestly.
        
               | FredPret wrote:
               | ...why? How?
               | 
               | Have you seen any history at all? This has never worked.
               | 
               | Cohesive, trusting societies get _much_ further than ones
               | that are at war with themselves. Even so, cohesion and
               | trust are nice-to-haves.
               | 
               | Tech progress and GDP growth has meant that the world's
               | poor live better lives, decade after decade, for many
               | centuries now.
        
               | uoaei wrote:
               | Cohesive trusting societies are borne out of the struggle
               | to dethrone oligarchs and lords.
        
               | apercu wrote:
               | I don't think he working class started the war so if the
               | working class stops the class war doesn't end.
        
               | FredPret wrote:
               | People advocating for their interests isn't warfare.
               | 
               | I assure you there are virtually no rich people cackling,
               | monocles and cigars in place, over the fate of the poor.
               | 
               | When the working class unionizes or vote for more rights,
               | this isn't warfare - as long as it's fair-minded and
               | pragmatic rather than idealogical. The same goes for the
               | rich.
               | 
               | Regarding people with other backgrounds and interests as
               | evil sociopaths / socialists is where the problem comes
               | in.
        
               | test098 wrote:
               | > People advocating for their interests isn't warfare.
               | 
               | When those interests come at the expense/lives of other
               | people, it is [1] [2].
               | 
               | > I assure you there are virtually no rich people
               | cackling, monocles and cigars in place, over the fate of
               | the poor.
               | 
               | Correct, their theatrics are even dumber than that [3].
               | 
               | ---
               | 
               | [1] "House Republicans Push Forward Plan to Cut Taxes,
               | Medicaid and Food Aid" -
               | https://www.nytimes.com/2025/05/14/us/politics/congress-
               | tax-...
               | 
               | [2] "Sanders on GOP Medicaid cuts: 'Thousands and
               | thousands of low-income and working people will die'" -
               | https://thehill.com/homenews/senate/5302085-bernie-
               | sanders-r...
               | 
               | [3] "Musk waves a chainsaw and charms conservatives
               | talking up Trump's cost-cutting efforts" -
               | https://apnews.com/article/musk-chainsaw-trump-
               | doge-6568e9e0...
        
               | FredPret wrote:
               | Musk waving a chainsaw is one out of many hundreds of
               | millions of rich people. And there's reason to believe
               | that _he believes_ he 's doing something that's good for
               | society in the long run, even if you disagree with him.
        
               | yndoendo wrote:
               | Empathy is intelligence, a void of empathy is lack of
               | intelligence. Empathy is the only means to "put your self
               | in someone else's shoes".
               | 
               | I would also classify narcissism as a void of
               | intelligence, they cannot be honest with others and
               | themselves. They always must be right and know everything
               | when they are wrong and know nothing about the subject.
               | 
               | Lacking empathy and being a narcissist does not benefit
               | society, only one's self interests. That is billionaire,
               | not millionaire, Elon Musk. He is just selling the idea
               | of "doing something good" to improve his self interests.
               | 
               | How many charities does he fund? How much of with wealth
               | goes to studying the eradication of disease like cancer
               | or parkinson's?
               | 
               | But don't worry, his statement from 2014 about full self
               | driving cars are just around the corner and will help
               | humanity reach it's peak. Just like traveling to Mars. /s
               | 
               | His actions actually harm society. Hungry children have
               | reduced mental capabilities to advance in school and
               | their futures. He choose to actively harm future
               | generations and those he doesn't deem worthy.
        
               | uoaei wrote:
               | It's not often I come across someone who so clearly
               | identifies as a temporarily embarrassed millionaire.
               | 
               | By definition, 1% of the _world 's_ population is 80MM
               | people, so your "hundreds of millions" statement bares
               | your ideological slant more than you may realize.
        
               | piva00 wrote:
               | > Tech progress and GDP growth has meant that the world's
               | poor live better lives, decade after decade, for many
               | centuries now.
               | 
               | Every single time during the leaps of technology that
               | brought tech progress and GDP growth there needed to be
               | some kind of workers' revolt or the threat of it to
               | actualise poors living better lives. Every leap in
               | progress of systemic quality of life for workers came
               | through class war: revolts, general strikes, mass
               | protest, organized labour, etc.
               | 
               | Why do you think now it's different?
        
               | WalterBright wrote:
               | There was no workers' revolt in the 19th century US, but
               | the lives of the poor across the board pulled scores of
               | millions in poverty into the middle class and beyond.
               | 
               | The common thread of workers' lives improving is free
               | markets, not revolts.
        
               | vharuck wrote:
               | There was the Homestead Strike in 1892, during which 9
               | people died. The Pinkerton Detective Agency, which
               | "handled" the strike for Carnegie, is notorious for
               | violently busting strikes in the 19th century US.
               | 
               | https://en.wikipedia.org/wiki/Homestead_strike
        
               | WalterBright wrote:
               | And how many workers did that affect vs the population of
               | the country?
        
               | test098 wrote:
               | It was the beginning of a movement which affects all
               | workers in the US today, so... 100%.
        
               | test098 wrote:
               | There were plenty of worker revolts in the 19th century
               | which laid the groundwork for the modern labor movement.
               | 
               | https://www.pbs.org/wgbh/americanexperience/features/them
               | ine...
        
               | beedeebeedee wrote:
               | That is not accurate. There were many strikes in the
               | industrial part of the US during the 1800's. That's how
               | working conditions were improved in the mills. The free
               | market would have crushed the working people had they not
               | banded together and revolted to improve safety, reduce
               | working hours, and increase pay.
               | 
               | Wikipedia has articles on the larger actions like this: h
               | ttps://en.wikipedia.org/wiki/1835_Philadelphia_general_st
               | ri...
               | 
               | The rest of the US was primarily agricultural, and did
               | not have major strikes until later, but the improvement
               | in the lives of those people who lived there was not
               | because of free markets. Their lives improved because of
               | the immense natural resources that were literally being
               | given away free to people to cultivate and exploit, after
               | the Native Americans were subjugated and removed.
        
               | jbmchuck wrote:
               | There were quite a few slave revolts in the 19th century.
        
               | autoexec wrote:
               | The war has never stopped https://en.wikipedia.org/wiki/U
               | nion_violence_in_the_United_S...
        
               | piva00 wrote:
               | > The common thread of workers' lives improving is free
               | markets, not revolts.
               | 
               | The common thread is both, not one or the other.
        
               | FredPret wrote:
               | Unionizing and voting for Saturdays off and the politics
               | of the underdog hardly counts as "warfare".
               | 
               | It's when we regard one another as evil that we start to
               | pursue ideology over pragmatism and end up cutting off
               | our noses to spite our faces.
               | 
               | I object to my original parent comment's characterizing
               | of everyone with any form of wealth and power as being a
               | sociopath. It's not only untrue (which is
               | disqualification enough), but this kind of attitude
               | doesn't serve anyone.
        
               | beedeebeedee wrote:
               | > Unionizing and voting for Saturdays off and the
               | politics of the underdog hardly counts as "warfare".
               | 
               | Yes, the workers' demands were reasonable, but they were
               | met with warfare by the upper class who did not want to
               | accept reasonable demands. The most extreme example is
               | the Battle of Blair Mountain, but there are countless
               | records of strike breakers beating and killing workers
               | for striking and unionizing.
        
               | test098 wrote:
               | You should maybe read about the history of the US labor
               | movement to understand how and why we have good working
               | conditions: https://www.pbs.org/wgbh/americanexperience/f
               | eatures/themine...
        
               | FredPret wrote:
               | We have good working conditions mainly because we can now
               | afford them.
               | 
               | Do you think poor people didn't get upset / rebellious in
               | centuries and millennia past?
               | 
               | The difference now is that we have the GDP and tech to
               | support much cushier lives for vast numbers of people.
        
               | biophysboy wrote:
               | Technology increases the size of the pie, but it is
               | always possible to make the distribution of slices
               | extremely unequal. More gdp and tech does not guarantee a
               | better quality of life, as many countries today
               | demonstrate.
        
               | kjkjadksj wrote:
               | French revolution worked pretty well for the working
               | class
        
               | s1artibartfast wrote:
               | I cant tell if that is sarcasm or not. It was
               | characterized by mass dysfunction and devolved into a
               | dictatorship within 5 years, and 10 years of global war
               | as France tried to fund populist mistakes by pillaging
               | foreign countries, a million French deaths, and maybe 4
               | million foreign deaths, not to mention mass wounded,
               | starvation, and hardship.
        
               | alganet wrote:
               | Warfare is dumb.
               | 
               | The class struggle is a perspective. It points to how
               | blind rich people are to social issues, and how blind the
               | poor are to economic issues. These two need the struggle,
               | gently. Without it, there is either bloody revolution or
               | cruel autocracy.
               | 
               | That's as simple as it gets. Many people get it wrong.
        
               | apercu wrote:
               | I assure you that poor people are not universally blind
               | to economic issues. lol.
        
               | alganet wrote:
               | That's the least important part of my statement.
               | 
               | There is a struggle between those who have power and
               | those who don't. This displacement creates blind spots,
               | and also vantage points.
        
               | lawlessone wrote:
               | poor people can't afford to be blind to economic issues.
               | Rich people have more leeway there.
        
               | alganet wrote:
               | Do you consider yourself blind to economic issues? Rich
               | or poor? Straight question.
        
             | Loudergood wrote:
             | Class warfare is already happening from the top down.
        
             | timewizard wrote:
             | I love it when enforcing laws and fairness is perceived as
             | "class warfare."
        
             | pseudocomposer wrote:
             | What do you define as "class warfare?" Do you agree that
             | the current status-quo hyper-consolidation of wealth our
             | economy has fostered since act least 1972 is already an
             | ongoing type of class warfare?
             | 
             | And finally, why do you think class warfare can't get us
             | anywhere?
        
           | lo_zamoyski wrote:
           | What we call "power" is not a property of a person, but a
           | function of networks of relationships. A king is only
           | "powerful" insofar as his authority is recognized. The moment
           | his perceived authority is lost, the moment no one or few
           | recognize it, is the moment he no longer has "power".
           | 
           | In other words, it only works if there is enough social
           | support for it. It requires our complicity.
           | 
           | Most people with ASPD (what you call sociopathy) are not able
           | to build these sorts of networks. They're impulsive. They are
           | over-represented among the homeless. They are poor at
           | planning or foreseeing the consequences of their actions.
           | These are not exactly conducive to building these social
           | networks. A sociopath is more the street thug or the
           | gangbanger and less the CEO of a corporation.
        
         | quantified wrote:
         | Would we be surprised to learn of 10x this level of leakage to
         | Facebook? Based on the social tracking I've casually observed
         | via browser tools when signing up to a variety of services, I'd
         | be surprised if it's not. The weird thing here is that it's
         | LinkedIn getting the data, not that it's being sent.
        
       | knowitnone wrote:
       | California will investigate and find no wrong. Also,
       | LinkedIn==Microsoft
        
         | ty6853 wrote:
         | They published ("leaked" lol no -- it was all available through
         | a polished portal) the name and address of all CCW and DROS
         | registered firearm holders (including judges, DV victims,
         | prosecutors, etc) and nothing happened.
         | 
         | They use your information for political warfare.
        
       | actionfromafar wrote:
       | That's nothing. The Federal governemnt sent residents' personal
       | health data to _xAI_.
        
         | barbazoo wrote:
         | Source?
        
       | blindriver wrote:
       | If you routinely clear your cookies, does that protect you from
       | long term tracking?
        
         | wat10000 wrote:
         | Fingerprinting is an active area of research (both attack and
         | defense), so the answer is, maybe, depending on just how unique
         | your setup is. EFF has a nice demo that will try to fingerprint
         | you and tell you how trackable you are based on non-cookie
         | data: https://coveryourtracks.eff.org
         | 
         | Of course, new techniques are invented all the time, so that
         | may not cover everything.
        
           | blindriver wrote:
           | Unless they are targeting a specific individual for spying
           | purposes, is there any benefit to doing such deep
           | fingerprinting at the individual level, given that multiple
           | people might use the same computer? It seems like knowing
           | every single thing done at that computer may be too much
           | information that might not have value but having more broad-
           | based tracking patterns would be cheaper and more profitable,
           | no?
        
             | wat10000 wrote:
             | Advertisers say that the better they can target
             | advertisements, the more valuable they are. If so, then
             | every bit of fingerprinting helps. Maybe multiple people
             | use a computer which degrades it for those particular
             | people, but then many other computers are used by only one
             | person, so it's helpful in aggregate. I'm skeptical this
             | actually works, given the atrocious quality of ads that I
             | see when they sneak past my ad blocker, but that's what
             | they say.
        
       | barbazoo wrote:
       | My understanding is that people would have to intentionally click
       | on the ad on LI to get access to the cookie that contains the
       | sensitive info from the insurance signup flow (which was
       | triggered by clicking the ad). Is that correct?
        
       | treebeard901 wrote:
       | The reality is that anyone in the medical field can put any kind
       | of information in your medical records for any reason. Many
       | motivations exist to compel this kind of behavior. Sometimes this
       | can be in a part of your permanent record that they do not have
       | to provide to you, even if you follow the rules and laws to
       | request the information. Many exceptions exist under the
       | disclosure laws.
       | 
       | Your information then can be freely shared with others but not
       | given to you or give you any way to correct the false information
       | in your record.
       | 
       | For what it's worth, in the United States at least, you have
       | several permanent records that follow you everywhere you go. Your
       | medical records work in a similar way to your former employers.
       | In fact, employer confidentiality to other employers allows them
       | to say almost anything about you and neither has to share it with
       | you and you have no chance to have any kind of fair process to
       | correct it.
       | 
       | Now add all the data brokers and the other bribery kind of
       | situations and the whole system is basically broken and corrupt.
        
         | nradov wrote:
         | That is misinformation. HIPAA covered healthcare providers are
         | legally required to give you copies of your health information
         | upon request, and can only charge a nominal fee for this
         | service (in practice it's usually free). Any patient who is
         | blocked from accessing their own medical records should file a
         | formal complaint with HHS; they have fined multiple provider
         | organizations for violations.
         | 
         | https://www.hhs.gov/hipaa/for-individuals/guidance-materials...
         | 
         | https://www.hhs.gov/hipaa/for-professionals/compliance-enfor...
        
       | dzdt wrote:
       | Amazing to me that an article like this doesn't have a big
       | section discussing how a provider sharing personal health data
       | without permission is blatantly illegal under the HIPAA act. It
       | only mentions as an aside that there are various related
       | lawsuits.
       | 
       | Covered California's privacy policy explicitly says they follow
       | HIPAA and that "Covered California will only share your personal
       | information with government agencies, qualified health plans or
       | contractors which help to fulfill a required Exchange function"
       | and "your personal information is only used by or disclosed to
       | those authorized to receive or view it" and "We will not
       | knowingly disclose your personal information to a third party,
       | except as provided in this Privacy Policy".
       | 
       | Those privacy policy assertions have been in place since at least
       | October 2020, per the Internet Archive wayback machine record.
       | [2]
       | 
       | [1] https://www.coveredca.com/pdfs/privacy/CC_Privacy_Policy.pdf
       | 
       | [2]
       | https://web.archive.org/web/20201024150356/https://www.cover...
        
         | autoexec wrote:
         | Companies outright lie in their privacy polices all the time.
         | The legal risk in doing so is basically zero because nobody
         | bothers to sue and it's impossible to show damages.
        
       | vharuck wrote:
       | When I first read the headline, I thought it was a boneheaded
       | mistake of forgetting to disable tracking on certain web pages.
       | But no:
       | 
       | >The Markup found that Covered California had more than 60
       | trackers on its site. Out of more than 200 of the government
       | sites, the average number of trackers on the sites was three.
       | Covered California had dozens more than any other website we
       | examined.
       | 
       | Why is Covered California such an outlier? Why do they need _60_
       | trackers? It 's an independent agency that only deals in health
       | insurance, so they obviously (and horribly) thought it was a good
       | idea to send data about residents' health insurance to a third
       | party.
        
         | autoexec wrote:
         | I'm sure they did it for money. Those trackers weren't put
         | there for nothing. At least government websites funneling
         | citizen's data to Google by using Google Analytics on their
         | sites can argue that they're just selling out taxpayers to get
         | easy site metrics. When you've got 60 trackers on a single page
         | though, somebody is stuffing their pockets with cash in
         | exchange for user data.
        
         | threetonesun wrote:
         | I assume some of it was to show targeted ads on social media
         | platforms. I'm sure an internal KPI is new customers, just like
         | any e-commerce site.
        
       | neilv wrote:
       | For the last week, LinkedIn kept showing me ads for some specific
       | dental procedure, near the top of my feed.
       | 
       | It's an optional follow-on procedure for the dental surgery
       | procedure I had scheduled for this week.
       | 
       | I'm much more careful than most people about keeping Web search
       | and browsing history private. But there's a chance that last week
       | I browsed some question about the scheduled procedure, from my
       | less-private Web browser, rather than from the Tor Browser that I
       | usually use for anything sensitive that doesn't require
       | identifying myself.
       | 
       | If I didn't make a Web OPSEC oops, it looks like maybe someone
       | effectively gave private medical information to LinkedIn, of all
       | places (an employment-matchmaking service, where employers are
       | supposed to be conscientious of EEOC and similar concerns).
        
       | cm2012 wrote:
       | Even with the absolute incompetence shown in this article (Meta
       | or Google would never make a mistake like this), no one has been
       | actually harmed.
        
         | biker142541 wrote:
         | If you have a value sliding scale of "actually harmed", then
         | almost no privacy breach harms anyone, right? Is the threshold
         | for harm actually being scammed, physically hurt, reputation
         | damaged?
         | 
         | Thankfully, those the law is not based on such thresholds.
        
           | cm2012 wrote:
           | Relative to the actual harms caused, HN freaks about this
           | kind of stuff too much.
        
       | goldchainposse wrote:
       | People like to say "big tech sells their data." This is actually
       | rare. Almost every other company you deal with willing gives it
       | to big tech, and they just hoard it and run ads with it.
        
       | rob_c wrote:
       | Bright to you by the state reinventing gdpr for the American
       | audience another 80IQ moment which will be lauded by some as a
       | brave new world...
       | 
       | Get your act together and either resign or stop handling public
       | data let alone the sensitive stuff. I'm serious, draft that
       | letter now.
        
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