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Daily Archives: May 20, 2022
Keith Tkachuk refuses to give up hat for son Matthews hat trick – Yahoo Sports
Posted: May 20, 2022 at 2:54 am
Some fathers just can't give up the tough love, even in their kids' biggest moments.
Matthew Tkachuk scored a hat trick to lead the Calgary Flames to a 9-6 victory over the Edmonton Oilers in a wild Game 1 of the Battle of Alberta in the second round of the Stanley Cup playoffs.
The crowd at the Saddledome was loud throughout the contest and erupted when Tkachuk notched the hat trick in an empty net to seal the win. A storm of hats hit the ice, barring one; the 24-year-old did not get the one off the head of his father, Keith Tkachuk.
The former NHL star forward was caught on camera refusing to throw his hat on the ice to celebrate his sons hat trick.
The entire Tkachuk family, including younger brother Brady of the Ottawa Senators, was there to cheer on Matthews from the stands, with the younger Tkachuk working the crowd before puck drop.
Matthew Tkachuk was all over the ice, not only finding the back of the net but also getting under the Oilers' skin, especially forward Evander Kane. Both players were handed offsetting minors for roughing in the third period after a stoppage in play. After going chirping back and forth in the box for the duration of the penalties, Tkachuk was allowed to leave the sin bin before teammate Oliver Kylington, who had also been assessed a minor penalty prior to the scrum between Tkachuk and Kane. According to NHL rule 16.2, a team is allowed to declare which of their players can leave the box first when penalties are assessed at the same time.
The gritty Flames forward jumped on the ice and scored his second of the game with Kane left to witness the tally from the penalty box.
Almost nine minutes later in the period, Tkachuk sent the puck in an empty net, getting the hat trick and wrapping up a wild first game in the Battle of Alberta.
Calgary leads the series 1-0 with Game 2 set for Friday night at the Saddledome.
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Which Year 2 NFL quarterback will make the biggest jump? – Yahoo Sports
Posted: at 2:54 am
To say the 2021 quarterback class underwhelmed would be an understatement.
The hyped 2021 group posted the lowest combined completion percentage since the 2018 class and the fewest yards per attempt since 2016. Five rookies attempted at least 100 passes this past season Trevor Lawrence, Zach Wilson, Justin Fields, Mac Jones and Davis Mills and only Jones and Mills completed more than 60% of their passes. Jones was also the only passer to finished with more than 7 yards per attempt. The rest averaged between 6-6.9 yards per attempt.
But for this class minus Trey Lance, because he attempted only 71 passes during his rookie season and still might not be the Week 1 starter for the San Francisco 49ers in 2022 a second-year production bump isnt just possible, its probable.
It's hard to determine which statistic is the most indicative of a quarterback's success. More touchdowns and fewer interceptions are easy ones, but even then, some of the most improved passers see their interception rate rise as they attempt more passes.
To determine how big or small of a jump rookies make in their second season in the NFL, we looked at:
Completion percentage
Yards per attempt
Games started
Adjusted sack percentage (which means sacks divided by pass plays including passes, sacks and aborted snaps, via Football Outsiders)
Defensive DVOA (which means how teams perform on any given snap compared to a league-average baseline, also via Football Outsiders)
Offseason acquisitions
Head coaching changes
So to start, from 2011-2020 there were 35 quarterbacks who played at least five games in each of their first two NFL seasons.
Which second-year NFL quarterback will take the biggest leap? (Moe Haidar/Yahoo Sports)
Twenty quarterbacks saw their completion percentage rise by more than 1% in their second season, while eight had their completion rate drop by more than 1%. Nine improved their yards per attempt by more than 0.5 yards, and five saw that number drop by more than 0.5 yards.
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On average, a second-year quarterback improved his completion rate by 2.10% and his yards-per-attempt by 0.22.
A lot of that came with added experience and a better offensive line. Twenty-seven of the 35 quarterbacks started at least the same number of games in their second season than in their first, and 29 quarterbacks saw their team's adjusted sack percentage drop in their second season.
Some players benefited from high-profile additions as well. The Raiders and Bengals drafted Amari Cooper and JaMarr Chase for Derek Carr and Joe Burrow, respectively, following their rookie seasons, and the Cardinals traded for DeAndre Hopkins for Kyler Murray in 2020, after Murray's rookie year.
A good defense makes life easier for a young quarterback, too. Almost every quarterback on this list who saw significant improvement in their second season played for a team whose defensive DVOA improved as well. Players like Mitchell Trubisky and Deshaun Watson had top-five defenses behind them in their second seasons and played much better.
Oddly enough, coaching changes didnt really affect a players Year 2 bump. Some players enjoyed schematic changes that helped bolster their production the biggest being Jared Goff moving from Jeff Fisher to Sean McVay. Others like Carr, Jalen Hurts, Sam Darnold and Blaine Gabbert all completed a higher rate of passes in their second season. But plenty of quarterbacks got better with the same coach or saw no change with a new coach. Some even got worse with a new coach.
Second-year bumps also dont always equate to long-term success, either. Darnold and Goff are currently fighting for their starting careers on teams that didnt draft them, and Gabbert has been a backup since 2013. Other quarterbacks who saw improvement are in similar situations, like Trubisky, Geno Smith and Baker Mayfield, while two high-profile players who got worse in Year 2 Josh Allen and Dak Prescott turned the corner in subsequent seasons and are now considered among the best quarterbacks in the league.
Predictions aren't prophecy, especially for young quarterbacks coming off tumultuous rookie seasons. But with a bit of historical data and present-day context, we can conceptualize a second-season trajectory for the 2021 rookies who saw the requisite playing time in Year 1.
We know that typically, a quarterback improves if his team bolstered the offensive line, added weapons around him, and fielded a good defense. We also know that head coaching changes don't reliably produce a second-year bump.
We've ranked which quarterbacks could improve the most based on these metrics.
Lawrence checks off all the boxes of a player who should make a jump in his second season. He gets an improved offensive line with the addition of Brandon Scherff, more playmakers in pass-catchers Christian Kirk, Zay Jones and Evan Engram, and an upgraded defense (on paper, at least). There's also a new, Super Bowl-winning coach in Doug Pederson calling the shots.
Almost everything that applies to Lawrence can be applied to Wilson as well. While Wilson remains tethered to Robert Saleh and offensive coordinator Mike LaFleur, he'll reap the benefits of an offseason that landed him a new guard in Laken Tomlinson, a new receiver in Garrett Wilson and a new running back in Breece Hall. The Jets made significant defensive additions in the draft and free agency as well.
Jones has a leg-up on the rest of the class in that he enjoyed the most successful rookie campaign of the group. Bill Belichick is still there, too, but the Patriots didn't really upgrade their team around Jones. The offensive line lost two starters but added rookie guard Cole Strange, the offensive weaponry is mostly the same and the defense only added a few pieces. Jones' path to improvement is more difficult given his advanced starting point and that he also lost offensive coordinator Josh McDaniels.
It's a little stunning that the Texans plan to roll with Mills for 2022, but there is actually a path for Mills to build off his solid rookie season. Houston hired a new coach though it was internal and made two upgrades along the offensive line with free-agent signing A.J. Cann and first-round pick Kenyon Green. The offensive playmakers will remain mostly the same, but the defense should get better with the free agent pickups and other draft picks.
Poor Fields. Perhaps one of the most exciting prospects from the 2021 draft might have the hardest time improving during his second season. The Bears swapped Matt Nagy for Matt Eberflus as head coach but made seemingly no efforts to upgrade the offensive line, offensive playmakers or the defense. Chicago actually got worse in several positions after receiver Allen Robinson signed with the Rams and new GM Ryan Poles traded edge rusher Khalil Mack to the Chargers.
That's how we see it shaking out. What do you think?
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This is how much money Americans think they need to be considered wealthy – Yahoo Finance
Posted: at 2:54 am
Can you put a dollar amount on what it means to be wealthy in the U.S.? An annual survey asks Americans to do just that, and this year, $2.2 million is the magic number.
That's according to the annual Modern Wealth Survey from Charles Schwab, which also finds people believe that an average net worth of $774,000 is what it takes to be financially comfortable.
The report, which surveyed 1,000 Americans ages 21 to 75 in February 2022, asked respondents a range of questions about their personal finances, including the factors influencing their savings and investment decisions.
The average net worth needed to be considered wealthy and to be financially comfortable both rose from last year's survey. In 2021, Americans said they needed $624,000 in net assets to live comfortably, while it would take $1.9 million to be rich. That said, the averages are still lower than they were before the COVID-19 pandemic, likely because many people are focusing less on hitting a specific number and more on their overall goals, financial and otherwise, says Rob Williams, managing director of financial planning, retirement income, and wealth management at Charles Schwab.
"People are concerned about other things besides the balance in their portfolio and in their investment account," says Williams, including their physical health and overall stability.
The average net worth of U.S. households actually isn't so far off from Schwab's survey: It stood at $748,800 in 2019, according to the most recent Survey of Consumer Finances by the Federal Reserve. But that's skewed by the richest households. The median net worth for U.S. households is $121,700, per the Fed. And as other reports have found, many U.S. households have very little or no savings at all.
With little saved for emergencies or retirement, a number like $2.2 millionor even $774,000might seem like an impossible benchmark to reach. But Williams says this doesn't have to be the case. Ultimately, each household should calculate its own wealth target and make an individualized savings plan. What one person or family needs isn't the same as another.
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A plan is really just saying, This is whats important to me, this is what I need to save and invest for next year, in five years, 10 years from now, says Williams.
Once you have some idea of a target, the most important thing you can do is start savingregardless of the amount you put away. Five dollars is better than nothing, even if it doesn't seem at first like it will add up to much. Putting even a little bit of money away consistently is especially important when building a retirement account, as most Americans will be on their own to fund their golden years, says Williams.
"No matter how much money you have, get started and stay disciplined," he says. "Youll look back and say, Goodness, those small steps really built up over time. Youll find yourself in a position where you can make a lot more choices than you could before."
Once you start saving, make it an automatic ritual. Oftentimes, watching your savings accrue will provide the momentum to keep saving more and more, even if you're just starting out or well below your target number, says Williams.
Keeping the long game in mind is critical, especially in a rocky market like we're seeing right now. Building wealth, for most people, takes decades of dedicated investments. Though investing money in assets that are on a losing streak can seem self-defeating, a down market is "an opportunity to be saving and investing more," says Williamsand getting more for your money.
"If youre investing for net worth, it takes time to get there," he says. "It's good to be aspirational, but get started and dont get overwhelmed by trying to get to a certain number in a day or a week."
This story was originally featured on Fortune.com
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NIO Inc. Successfully Listed on the Main Board of the Singapore Exchange – Yahoo Finance
Posted: at 2:54 am
SHANGHAI, China, May 20, 2022 (GLOBE NEWSWIRE) -- NIO Inc. (NYSE: NIO; HKEX: 9866; SGX: NIO) (NIO or the Company), a pioneer and a leading company in the premium smart electric vehicle market, today announced that it has successfully listed, by way of introduction, its Class A ordinary shares (the Shares) on the Main Board of the Singapore Exchange Securities Trading Limited (the SGX-ST). The Shares are traded on the Main Board of the SGX-ST under the stock code NIO in board lot sizes of 10 Shares. The Companys American depositary shares (the ADSs), each representing one Share, remain primarily listed and traded on the New York Stock Exchange (the NYSE). The Shares listed on the Main Board of the SGX-ST are fully fungible with the ADSs listed on the NYSE.
Today marks a new milestone for NIO. The listing on the SGX-ST has further strengthened NIOs footing in the global capital markets, said William Bin Li, founder, chairman and chief executive officer of NIO. Furthermore, by leveraging Singapores advantageous position as an international innovation and technology center, NIO plans to establish a research and development center for artificial intelligence and autonomous driving in Singapore and to collaborate with local science and research institutions to further broaden and enhance our global R&D capabilities.
AboutNIO Inc.
NIO Inc. is a pioneer and a leading company in the premium smart electric vehicle market. Founded in November 2014, NIOs mission is to shape a joyful lifestyle. NIO aims to build a community starting with smart electric vehicles to share joy and grow together with users. NIO designs, develops, jointly manufactures and sells premium smart electric vehicles, driving innovations in next-generation technologies in autonomous driving, digital technologies, electric powertrains and batteries. NIO differentiates itself through its continuous technological breakthroughs and innovations, such as its industry-leading battery swapping technologies, Battery as a Service, or BaaS, as well as its proprietary autonomous driving technologies and Autonomous Driving as a Service, or ADaaS. NIO launched the ES8, a seven-seater flagship premium smart electric SUV in December 2017, and began deliveries of the ES8 in June 2018 and its variant, the six-seater ES8, in March 2019. NIO launched the ES6, a five-seater high-performance premium smart electric SUV, in December 2018, and began deliveries of the ES6 in June 2019. NIO launched the EC6, a five-seater premium smart electric coupe SUV, in December 2019, and began deliveries of the EC6 in September 2020. NIO launched the ET7, a flagship premium smart electric sedan, in January 2021, and began deliveries of the ET7 in March 2022. NIO launched the ET5, a mid-size premium smart electric sedan, in December 2021.
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Safe Harbor Statement
This press release contains statements that may constitute forward-looking statements pursuant to the safe harbor provisions of the U.S. Private Securities Litigation Reform Act of 1995. These forward-looking statements can be identified by terminology such as will, expects, anticipates, aims, future, intends, plans, believes, estimates, likely to and similar statements. NIO may also make written or oral forward-looking statements in its periodic reports to the U.S. Securities and Exchange Commission (the SEC), in announcements made on the websites of each of the SEHK and the SGX-ST, in its annual report to shareholders, in press releases and other written materials and in oral statements made by its officers, directors or employees to third parties. Statements that are not historical facts, including statements about NIOs beliefs, plans and expectations, are forward-looking statements. Forward-looking statements involve inherent risks and uncertainties. A number of factors could cause actual results to differ materially from those contained in any forward-looking statement, including but not limited to the following: NIOs strategies; NIOs future business development, financial condition and results of operations; NIOs ability to develop and manufacture a car of sufficient quality and appeal to customers on schedule and on a large scale; its ability to ensure and expand manufacturing capacities including establishing and maintaining partnerships with third parties; its ability to provide convenient and comprehensive power solutions to its customers; the viability, growth potential and prospects of the newly introduced BaaS and ADaaS; its ability to improve the technologies or develop alternative technologies in meeting evolving market demand and industry development; NIOs ability to satisfy the mandated safety standards relating to motor vehicles; its ability to secure supply of raw materials or other components used in its vehicles; its ability to secure sufficient reservations and sales of the ES8, ES6, EC6, ET7 and ET5; its ability to control costs associated with its operations; its ability to build the NIO brand; general economic and business conditions globally and in China and assumptions underlying or related to any of the foregoing. Further information regarding these and other risks is included in NIOs filings with the SEC, the announcements on the website of the SEHK and the introductory document issued with the SGX-ST. All information provided in this press release is as of the date of this press release, and NIO does not undertake any obligation to update any forward-looking statement, except as required under applicable law.
For more information, please visit: http://ir.nio.com
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NASCAR All-Star Race betting: Kyle Larson is the favorite and the defending champ – Yahoo Sports
Posted: at 2:54 am
Its NASCAR All-Star Race weekend at Texas again.
The track is set to hold its second All-Star Race after a deal that replaced the spring points race at the 1.5-mile track with the exhibition. Texas Motor Speedway got the All-Star Race (8 p.m. ET, Fox Sports 1) after the race spent a year at Bristol following a move from longtime home Charlotte Motor Speedway in 2019.
The races rules are, as always, complicated. Its never simple enough for NASCAR to have the fastest car win over the course of 100 straightforward laps. The race is made up of four stages and the first three are 25 laps. The winners of those three stages get the first three starting spots for the final 50-lap stage. There will be a pit stop competition between stages as well and the driver of the team that wins that will start fourth in the final stage.
FORT WORTH, TEXAS - JUNE 13: Kyle Larson, driver of the #5 HendrickCars.com Chevrolet, celebrates in victory lane after winning the NASCAR All-Star Race at Texas Motor Speedway on June 13, 2021 in Fort Worth, Texas. (Photo by Jared C. Tilton/Getty Images)
Thats not all, either. If there isnt a caution between laps 15-25 in the final stage, NASCAR is going to arbitrarily throw a caution to bunch the field and create a restart. NASCARs been throwing debris cautions to bunch the field for more restarts for years, so even the most cynical NASCAR fans have to appreciate the transparency ahead of Sundays race.
Twenty drivers are already qualified for the All-Star Race and four will qualify via the Open race late Sunday afternoon. The open race consists of three stages over the course of 50 laps and each of the winners of those three stages make the main event. The fourth and final qualifier will be the winner of a fan popularity contest who didnt win any of the three stages.
Kyle Larson won the 2021 All-Star Race and he enters the race as the favorite. Heres what you need to know to bet the All-Star Race. All odds are from BetMGM.
Kyle Larson (+450)
Chase Elliott (+650)
Kyle Busch (+700)
Denny Hamlin (+800)
William Byron (+800)
Larsons a weekly favorite at this point even though he has just one win and is ninth in the standings so far. Each of the five drivers listed above have shown speed at intermediate tracks so far in 2022 and Byron may be the best bet of the bunch. He has two wins in 2022 and was fast at Kansas until a flat left-rear tire while leading ended his chances at a win. The left-rear tire issues that cropped up at Kansas could also pop up at Texas and throw a wrench of even more randomness into the race.
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Martin Truex Jr. (+1200)
Christopher Bell (+2000)
Truex and Bell get the nod here because of Joe Gibbs Racings speed at Kansas. Toyota had all six of its cars finish in the top 10 and all four of the JGR cars were in the top six. Texas and Kansas arent carbon copies of each other but theres enough similarity to believe that JGR and Hendrick are the teams to beat again.
Suarez has some tantalizing odds but hes also got to make the All-Star Race via the Open. Betting on a driver to qualify through the Open and then win the All-Star Race isnt a great one.
Wallace is automatically in the All-Star Race and had a fast car at Kansas. His finish would have been a lot better if not for a late pit stop snafu. Hes worth a flier at these odds given that speed.
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Opinion | Demolishing the Demonic Plans of Our Enemy, and Can We Get An Amen – Common Dreams
Posted: at 2:53 am
Things are bleak, but we put our hope in Georgia's gubernatorial candidate Kandiss "Jesus Guns Babies" Taylor, who like a fierce cross (thank you Jesus) between Ayn Rand, Elmer Gantry and Bill Hader's Stefon, has vowed to push out elitists and solar farms, stand up to the Luciferian Cabal, bring the Satanic Regime to its knees and end "the perversions of the furry culture," especially after one killed all those people in Buffalo. She fits right in at next week's GOP Georgia primary. In 2018, their candidate campaigned in a "deportation bus" - "Fill this bus with illegals" - before going to jail for insurance fraud; this year's candidates are all fighting to out-trash the "woke mob." The front-runner is incumbent Gov. Brian Kemp; behind him is Trump-endorsed David Perdue; Taylor's in third place, and endorsed by Roger Stone and the Pillow Guy, so what could go wrong? Polls show her with up to 5% of the vote, but her fans call those numbers "an outrage," "totally illegal!" and a plot by the ghost of Hugo Chavez: "These evil people will stop at nothing!" Also, one suggests the "global pandemic treaty will be amended this month, and it will be used by the WHO to prevent the elections." But if they're held, she'll definitely win.
A Georgia native and "educator," shewrites that when she earned a PhD in counseling she was inspired (sic) by commencement speaker Ben Carson's notion of "citizen servants," and "felt led by the Lord to run for office because I wont bend my knee to tyranny." She says "we have a fraudulent pedophile in the White House" so we need "a full forensic audit" of the 2020 election; we must "take dominion over what God's given us" to "evict the Devil and global elitists," including Soros; she's "not a big womens empowerment person," but "I belong to Jesus - I'm bought and paid for with His blood." On Georgia: "We love each other...We stop for funerals." On our biggest problems: Gas prices, the 2020 election, masks and mandates, solar farms: "Who's making the money? (Are we) in deals with China? And the land is going to be feral (sic) because of the chemicals." On police: "I want to see communities take themselves back...In inner cities, stop the crime and breaking in windows and killing the elderly." On guns: "That's how we're free...Show me the research where crimes are committed with armed people." Does she want CRT, social-emotional learning, sex education in schools? "Absolutely not. It teaches oppression, communism and sexual perversion."
Her campaign bus, unveiled in February, spoke volumes. So did the breathless announcement earlier this month of an "Executive Order 10" that would "rock the nation." And it did. Declaring herself "the ONLY candidate bold enough to stand up to the Luciferian Cabal," she vowed, "I will bring the Satanic Regime to its knees - and DEMOLISH the Georgia Guidestones." Said Guidestones are a large, weird, Stonehenge-like monolith erected in 1980 by some eccentric who evidently thought the world was ending. It's inscribed with tenets: Maintain humanity in balance with nature. Rule passion with tempered reason. Protect people and nations with fair laws and just courts. Prize truth, beauty, love, seeking harmony with the infinite. Be not a cancer on the Earth - Leave room for nature. Most are reasonable, but open to interpretation. QAnon cranks decided it's a Satanic monument to human sacrifice revealing the evil plans of the New World Order. In a feverish video, Taylor goes there: Vaccines, the unborn, lockdowns, humiliation rituals, the Global Luciferian Regime: "They told us it was coming. It's a battle far greater than what we see in (unintelligible)." And on her first day as Governor, "I will move to DEMOLISH the Demonic plans of our enemy. The Satanic agenda is NOT welcome in our state." Can we get an Amen?
Even cooler than how "we will not be kneeling ourselves to a globalist Luciferian regime that has overtaken our nation," Taylor vows, "The furry days are over when I'm governor." As noted on the radio program of wingnut Stew Peters, "The Feds knew about the (Buffalo) shooter, who was a mentally-disturbed 'furry,' and they let it happen... A sick and demented furry did it." He noted that the shooter had posted a cartoon dog on his livestream and gratefully added, "When Kandiss Taylor is elected governor, GA will be furry-free." Taylor echoed him on Facebook, noting that, even before the massacre, she'd written an "executive order" for a dress code that would ban "furry" attire, but "received blowback for tackling the perversions of the furry culture." Shame on the blowbackers: "Twisting the minds of Generation Z MUST END!" Her fans shrieked in outraged agreement: Litter boxes! Students can answer questions with a meow or woof! There's a furry dating show! Father God, please make these crooked paths STRAIGHT for Your Glory in the Mighty Name of Jesus! It's a false flag from the CIA! They want to cause "division's" and they want our GUNS! GOD HELP US TURN FROM WICKED WAYS! This is TOO MUCH! Man, we know, right? Holy mother of God, we can't wait for blessed, bonkers, theocratic governance by Republicans.
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Forum, May 18: Warner Bentley’s unsung contributions to the Hop – Valley News
Posted: at 2:52 am
Published: 5/19/2022 1:16:34 PM
Modified: 5/19/2022 1:14:49 PM
I agree with Frank Barrett (Recalling early days of the Hopkins Center, May 13) that the Valley News article on the Hopkins Center (Connecting campus to community, May 2) was well done, but both of these writers failed to mention, even in passing, the name and contribution of Warner Bentley. It was almost all about bricks and mortar.
Warner Bentley was the first director of the Hop and spent his entire adult life from 1928 until his retirement in 1969 as a Dartmouth professor and administrator, and yet, there was nothing to acknowledge his contribution to the performing arts at the college.
When Warner Bentley graduated from the Yale Drama School in 1928 (94 years ago), he was encouraged to come to Dartmouth by President Ernest Martin Hopkins, who promised to build a theater and support theater art. He got his theater 34 years later just seven years before his retirement. Warner remained in Norwich almost until his passing in 1987, so he was able to see and enjoy the continuing success of the Hopkins Center.
There is a bust of Warner at the Hop, and students passing by rub his nose for good luck. He was a legend at Dartmouth and he is still with us. There is another story there.
William J. Montgomery
Hanover
Gov. Sununu disappoints on abortion rights
Right now, abortion rights are federally protected in all 50 states, but the recent Supreme Court leak indicates that it is likely to change soon. While abortion would remain legal in New Hampshire before 24 weeks, it will take work to preserve those rights into the future given the states current legislative makeup.
Gov. Sununu might say hes the reason that abortion is, and will remain, legal in New Hampshire. He might say hes a pro-choice governor. He might boast that hes proud to sign a bipartisan bill that expands abortion access in the coming weeks.
But his actions speak louder than words. He is not a pro-choice governor.
In 2018, Sununu put his full support behind Justice Kavanaugh, whose appointment by former President Trump helped seal the fate of Roe.
In 2020, Sununu vetoed the Reproductive Health Parity Act, which would have removed financial barriers for people seeking access to abortion.
And in 2021, Sununu signed New Hampshires first modern abortion ban into law.
This year, bipartisan legislation has been adopted to address some of the harm caused by Sununus abortion ban, and hes trying to take credit now for expanding access to abortion.
If the U.S. Supreme Court overturns Roe v. Wade, well need elected officials that will protect and expand abortion access in New Hampshire. But the bottom line is, Gov. Sununu doesnt trust Granite Staters, and we cant trust him to protect our reproductive rights.
Fiona Greenough
Meriden
Our Declaration of Independence is foundational to what Americans believe and the basis for the U.S. Constitution. It says that all men (meaning human beings) are created equal and have rights that cant be changed: life, liberty and the pursuit of happiness.
It says that government powers come from the consent of the governed the people thats US! The May 12 commentary in the Valley News, Leak casts doubt on issues beyond abortion, mentions constitutional amendments and Supreme Court cases but is incomplete.
The Third Amendment forbids quartering soldiers in homes without the consent of the owner, nor in time of war, but in a manner to be prescribed by law. Forcing homeowners to do this was certainly an invasion of privacy.
The Fourth Amendment begins The right of the people to be secure in their persons ... What does this mean? In a 1965 case, the Supreme Court found that a state law outlawing birth control was unconstitutional an invasion of privacy, as people were not secure in their persons from the governments interference.
When did We the People give the government the right to limit abortion?
Limitations on rights are needed when other people or society are affected. In abortion, the woman and perhaps the male are involved. Some argue, as Executive Councilor Joseph Kenney wrote to me, the unborn has a right to be born. Where did this right come from? Some churches may teach that this exists, given by their Creator, but is this fair for everyone? If it is not fair for everyone, then abortion should not be forbidden.
And if the government makes laws based on the teachings of some religions, isnt that violating the First Amendments forbidding a law respecting an establishment of religion?
Howard Shaffer
Enfield
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Forum, May 18: Warner Bentley's unsung contributions to the Hop - Valley News
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The Ninth Circuit’s Stunner in Rosenow, and Thoughts on the Way Forward – Reason
Posted: at 2:52 am
Two weeks ago, in United States v. Rosenow, the Ninth Circuit handed down a decision that has a brief but truly stunning passage with major implications for the future of Fourth Amendment law. If the passage stays in the opinion, it's going to have a quite dramatic effect, perhaps inadvertently, on how the Fourth Amendment applies to computers and the Internet. And in my view, those effects are bad. Really, really bad. In this post, I want to say why the passage in Rosenow is so important, and why it's so disturbing. And I'll suggest a possible path forward to deal with it.
I. An Overview of the Rosenow Case
Rosenow arose out of an investigation into child exploitation in the Philippines. Two large Internet providers, Yahoo and Facebook, ended up being involved. That led eventually to Rosenow's arrest on his return from the Philippines to the United States and a search through his computers pursuant to a warrant. The search revealed child sexual abuse material (CSAM), also known as child pornography, including some involving sexual acts between Rosenow and prepubescent Filipina girls. On the basis of the images found on his computer, Rosenow was convicted of sexual exploitation and CSAM possession.
On appeal, Rosenow made several different arguments in his merits brief. A majority of the merits arguments were on Fourth Amendment law. The primary Fourth Amendment claim was that Yahoo and Facebook had become state actors, and that their accessing account information was a government search that triggered the Fourth Amendment. But Rosenow also challenged other parts of the investigation, including the validity of the warrant obtained and whether accessing basic subscriber information was a search.
The Ninth Circuit affirmed in a published opinion by Judge Forrest, joined by Judge Callahan, with a partial dissent by Judge Graber. The Court ruled that Facebook and Yahoo were acting as private actors, not state actors; that the warrants were valid, and that accessing basic subscriber information is not a search under the Fourth Amendment. Judge Graber dissented in part as to one aspect of the state action ruling.
So far, this seems like an interesting decision, although on the whole relatively minor in its significance. It's mostly fact-specific issues (such as where the state action line is) or else pretty clearly correct (such as the ruling that accessing basic subscriber is not a search). It also has a lot I very much agree with, such as the specific ruling that the Stored Communications Act doesn't make Internet providers state actors.
But that's not all. There's more. And that "more" turns out to be really big -- much bigger in its importance, I think, than everything else in the Rosenow opinion.
II. The Stunning Passage in Rosenow
What is that really big thing? In his merits brief, Rosenow claimed that a set of other practices, including the preservation of his Internet account contents, violated the Fourth Amendment. The argument is less than a page of the brief, see page 64, and the only material specifically about preservation is a single sentence saying that the preservations were seizures.
To my great surprise, Rosenow's merits opinion took on those claims and rejected them on the merits. And because Rosenow is a published opinion, its holding is now binding in the Ninth Circuit. In the 45-page published opinion, here's the totality of the discussion of preservation and the Fourth Amendment:
Were the preservation requests unconstitutional seizures?
Acting pursuant to 18 U.S.C. 2703(f), which requires an ESP "to preserve records and other evidence in its possession pending the issuance of a court order or other process," the government directed Yahoo on three separate occasions to preserve records related to Rosenow's private communications. Rosenow contends that these requests were an unconstitutional seizure of his property.
A "seizure" of property requires "some meaningful interference [by the government,] with an individual's possessory interests in [his] property." Jacobsen, 466 U.S. at 113. Here, the preservation requests themselves, which applied only retrospectively, did not meaningfully interfere with Rosenow's possessory interests in his digital data because they did not prevent Rosenow from accessing his account. Nor did they provide the government with access to any of Rosenow's digital information without further legal process. It also is worth noting that Rosenow consented to the ESPs honoring preservation requests from law enforcement under the ESPs' terms of use. Thus, we agree with the district court that these requests did not amount to an unreasonable seizure in violation of the Fourth Amendment.
Yikes!
III. Why the Passage Is So Important, and Why It's Really Bad.
Why is this passage so important? There are two main reasons, I think. The first is narrower, and the second broader. Let me start with the narrower reason (although it's still pretty broad!).
First, as regular readers know, I think the Fourth Amendment makes most Internet content preservation unconstitutional. You can see my full argument in this recent article of mine: The Fourth Amendment Limits of Internet Content Preservation. And you can see the argument fully written out as defense counsel might litigate it in this draft motion to suppress I recently wrote. I think this is a hugely important issue, although it remained almost entirely unlitigated, much to my frustration. No federal court of appeals has decided this issue until Rosenow. The Ninth Circuit heard oral argument on this issue and had extensive briefing on it (with amicus oral argument participation, and briefing, from the ACLU) in United States v. Basey in 2019, but the panel did not reach the question in its decision.
For the Ninth Circuit to weigh in in this fashion when it wasn't fully briefed, and to reject these claims on the merits, is a big deal. It means that the government is free to pursue unlimited preservation, even though the major (and to my mind persuasive) arguments for why it shouldn't be able to do that have not been presented to the court that is saying this is permissible.
That's huge. Under Rosenow, any government official can at any time order any Internet provider to run off a copy of anyone or even everyone's entire account contents. The only authority on the question is now Rosenow, which rejects the claim. I think this is all wrong on the merits. But more importantly, it's wrong on a vast scale: As explained in my article, there are hundreds of thousands of Internet preservations occurring every year. This passage in Rosenow gives any government official a blank check to order any preservation of anyone or everyone's account without limit. To decide this important a question in such a brief and unexplained passage is remarkable.
So that's the narrower (but again, pretty broad) problem. Here's the even broader one. The particular way that Rosenow rules for the government is incredibly far-reaching and deeply troubling. Here's the key passage again:
A "seizure" of property requires "some meaningful interference [by the government,] with an individual's possessory interests in [his] property." Jacobsen, 466 U.S. at 113. Here, the preservation requests themselves, which applied only retrospectively, did not meaningfully interfere with Rosenow's possessory interests in his digital data because they did not prevent Rosenow from accessing his account.
This is a remarkably far-reaching ruling, and all in just two sentences. Whether and when copying data is a Fourth Amendment seizure is one of the foundational questions of the future of Fourth Amendment law that has been in the background of the caselaw for years. And it's also been a topic in scholarship for a long time, including stuff I have spent a lot of time on. As longtime readers may remember, in 2005 I initially concluded that copying wasn't a seizure. By 2010, however, I had changed my mind, and I wrote an article explaining why copying ordinarily is a seizure, using preservation requests as an example: Fourth Amendment Seizures of Computer Data, 119 Yale Law Journal 700 (2010).
District courts have divided on the question. And the one federal court of appeals ruling on it, which had held that copying is a seizure, was vacated when the court went en banc (presumably for reasons other than the seizure ruling, as there was a lot more going on in the case). SeeUnited States v. Ganias, 755 F.3d 125, 137 (2d Cir. 2014) (holding that the Government's retention of electronic copies of the defendant's personal computer "deprived him of exclusive control over those files," which was "a meaningful interference with [the defendant's] possessory rights in those files and constituted a seizure within the meaning of the Fourth Amendment."), vacated by United States v. Ganias, 824 F.3d 199 (2d Cir. 2016) (en banc). So until Rosenow, there was no circuit court precedent on this foundational question.
By ruling that copying is not a seizure, the Ninth Circuit becomes the first circuit court to have ruled on the question in a decision that is still on the books. And the question is of dramatic importance, as the introduction to my 2010 articleflags:
Imagine the police take away a suspect's computer, make a digital copy of its contents, and then give the computer back to the suspect. The police do not open the copy, but they keep it in their custody in case they need to access it later. Does the combined act of copying the files and retaining the copy trigger the Fourth Amendment?
Next imagine that FBI agents believe a particular person is using the Internet to commit a crime. Agents install a surveillance tool at the target's Internet service provider (ISP), and the tool generates copies of all of the target's incoming and outgoing email. The email is copied to a file, but no human being actually looks at the file. Instead, the agents keep the file in case they develop probable cause to look through it for evidence. Again, does the Fourth Amendment allow it?
The answer to both scenarios depends on whether copying computer files without looking at them constitutes a Fourth Amendment "seizure. If copying a computer file amounts to a seizure, then the government cannot make and retain a copy absent special circumstances. On the other hand, if copying is not a seizure, then the government can make and retain the copy without restriction. The Fourth Amendment will limit looking through the copy because that is a Fourth Amendment "search. But what if the government wants to make a copy and hold it? Does that constitute a "seizure"?
Putting the preservation issue aside, a ruling that copying is not a seizure has extraordinary implications. Whether you agree with that holding or disagree with it, I don't think it's a conclusion that is best reached in a precedential opinion in just two sentences.
And that's not all. The Rosenow passage includes this sentence:
It also is worth noting that Rosenow consented to the ESPs honoring preservation requests from law enforcement under the ESPs' terms of use.
What were those terms of use? Earlier in the decision, the court notes a fairly standard term in its privacy policy, here Yahoo's, that Yahoo may disclose information "to investigate, prevent, or take action regarding illegal activities . . . , violations of Yahoo's terms of use, or as otherwise required by law." I assume that's the term they had in mind.
I'm not entirely sure how to read that "note." But read fully, it seems to be suggesting that agreeing to terms of use governing an Internet account can eliminate Fourth Amendment rights. In particular, the provider telling you in the fine print when you register the account that they might end up giving your data to the government in some situations is treated as forever blanket consent to that as a matter of Fourth Amendment law.
As a matter of Fourth Amendment law, I think that would be wrong, for reasons I argued here. But it's also about as far-reaching as you can get. If agreeing to standard terms of service is consent to a possible seizure, then presumably it is also consent to a possible search. That would mean that Fourth Amendment rights online can be reduced to zero through a standard online term no one reads, and that users can't avoid, that were created just to make sure no one can sue the providers for complying with valid legal process. I don't want to be apocalyptic, but this seems really really bad.
IV. A Possible Way Forward
What are the prospects for further review? En banc review is possible. Counsel for Rosenow has received an extension for a petition for rehearing, until June 8. When the petition for rehearing is filed, it's possible that the court could want an en banc panel to take a look at the preservation issue, which could lead to a new opinion. And I would certainly support a full look at the preservation issue by the en banc court.
But there's also a narrower way, should the court not want to go en banc on this or another part of the case. It seems to me that another way forward would be for the panel to just amend the opinion, only changing that passage, to say the issue will not be addressed because it was not fully briefed and was therefore waived.
Here's some context. Under Ninth Circuit practice, an issue is deemed waived unless the appellant "specifically and distinctly argue[d] the issue in his or her opening brief." United States v. Kama, 394 F.3d 1236, 1238 (9th Cir. 2005). The appellant has to specifically and distinctly raise the issue, and it then has to be "supported by argument" in the opening brief, for the Ninth Circuit to rule on it. Leer v. Murphy, 844 F.2d 628, 634 (9th Cir.1988).
As I read the opening brief, whether preservation is an unreasonable seizure was neither specifically and distinctly argued nor supported by argument in the opening brief. Here's the full section from the opening brief:
The government's subpoenas and preservation requests were also illegal searches and seizures under Carpenter.
The recent Supreme Court case Carpenter v. United States, 138 S. Ct. 2206 (2018) also instructs that Rosenow had a legitimate right to privacy in his digital data, and that it violated the Fourth Amendment to interfere with that right without a warrant and probable cause. In Carpenter, the government obtained orders directing wireless carriers to provide cell-tower data regarding several criminal suspects. Id. at 2212. The Supreme Court reversed the resulting conviction, holding that warrantlessly obtaining this information violated the Fourth Amendment. In so doing, it rejected the notion that the third-party doctrine insulated this information from Fourth Amendment scrutiny, noting that thirdparty- doctrine cases did not deal with "confidential communications" and other private information. Id. at 2219. [FN158] The Court held that a warrant should have been required: "this Court has never held that the Government may subpoena third parties for records in which the suspect has a reasonable expectation of privacy" it observed. Id. at 2221 (emphasis provided). "If the choice to proceed by subpoena provided a categorical limitation on Fourth Amendment protection, no type of record would ever be protected by the warrant requirement." Id. at 2222.
Carpenter demonstrates that searches and seizures occurred here. The government seized Yahoo records through ongoing preservation requests, with no notice to Rosenow. And it both seized property and affirmatively prompted additional searches by issuing administrative subpoenas to Facebook. Under Carpenter, this should have required a warrant showing probable cause. Because the government had neither, this evidence should have been suppressed.
[FN158: Even the dissent seemed to concede that private communicationsas opposed to mere location datawould not be governed by the third-party doctrine. See id. at 2230 (Kennedy, J., dissenting) ("Miller and Smith [the leading third-party cases] may not apply when the Government obtains the modern-day equivalents of an individual's own 'papers' or 'effects,' even when those papers or effects are held by a third party.") (citing Ex parte Jackson, 96 U. S. 727, 733 (1878) (letters held by mail carrier); United States v. Warshak, 631 F. 3d 266, 283-288 (6th Cir. 2010) (e-mails held by Internet service provider)).]
The claim here seems to be that, somewhere in the subpoenas and preservation requests, there were unreasonable searches and seizures. Most of the passage seems to be arguing that the subpoenas were searches under Carpenter, a claim that in my view the Ninth Circuit properly rejected.
But here's the key. As I read that passage, it doesn't seem to be separately and distinctly claiming that preservation is an unreasonable seizure, or offering a legal argument for why that might be. The test for what is a seizure is not even mentioned. How the test might apply is not mentioned. The test for the reasonableness of a seizure is not mentioned (much less applied) either, except to say that a warrant should have been required. Compare that passage to the model brief I recently posted. It seems to me that the opening brief in Rosenow did not put the court on notice of the legal questions before it on the preservation issue. You'd have to guess what the specific arguments were on the preservation issue, as the opening brief didn't flag them, much less make them.
I don't mean to criticize the hard-working counsel in the case. I believe Rosenow was the first case ever to get an opinion on the Fourth Amendment issues raised by preservation in the trial court decision. To use an exam-grading analogy ('tis the season): The issue was spotted, unlike all the other cases where counsel have just missed it. The opening brief raised a lot of issues, and went right up to the page limit, so it may not have been developed because of other issues in the case. And I agree that the preservation issue was addressed in more detail in the Ninth Circuit reply brief.
But it seems to me that, if the court doesn't want to take this enormously important set of questions on en banc, it might be wise to amend the panel opinion to recognize that there's a lot more going on in the case than the panel realized given that the issue was not fully developed in the opening brief. That would make no difference to the outcome. And it would just replace a single paragraph in the opinion, as the analysis paragraph would just become a waiver paragraph. But it would mean that these critical and novel legal issues could wait for full briefing and decision in another case.
As always, stay tuned.
[UPDATE: I fiddled a bit with the post shortly after posting it.]
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We can neither confirm nor deny were spying on Congress – The Hill
Posted: at 2:52 am
Our bipartisan, public interest organization frequently files Freedom of Information Act (FOIA) requests to learn how the FBI, CIA and other intelligence and law enforcement agencies obtain warrantless access to Americans personal information, in defiance of the Fourth Amendment. It is, to say the least, a target-rich environment.
A government watchdog agency revealed in February that the CIA has been conducting bulk surveillance of Americans in violation of that agencys charter forbidding domestic spying. In March, we learned that a component of the Department of Homeland Security is scooping up Americans personal financial transactions in the form of money transfers.
In both instances, the government acts on the belief that the Fourth Amendment requirement for a probable cause warrant can be sidestepped when it comes to obtaining our personal movements and other sensitive consumer information from our cell phones and digital devices. Government attorneys assert it is legal for their agencies to simply open the government purse and buy our data scraped from apps and social media, no warrant needed. When further challenged, the governments ultimate fallback is a claim that a Reagan-era executive order, known as E.O. 12333, means that it needs no statutory authority to look at whatever it wants.
It wasnt supposed to be like this. Congress created the Freedom of Information Act in 1967 at a time when lawless surveillance of Americans by the FBI and CIA was rampant. It sought to create balance with a tool for Americans to get some clarity about government operations. But even here, the government ignores the plain meaning of the law to do whatever it wants.
For example, our organization has been forced to sue the Department of Justice and FBI to compel them to produce records on potential spying on Congress. We are concerned that members of Congress of both parties who have publicly stated they believe U.S. intelligence agencies have been surveilling them and has unmasked their identities in foreign communications, may have been targeted by our government. We also have been forced to sue over the refusal of six government agencies to respond to a FOIA request seeking information on surveillance of presidential campaign and transition officials.
In both cases, our requests have been stymied by a legal tactic known as a Glomar response.
This judicial doctrine arose from one of this countrys greatest intelligence coups. After a Soviet nuclear ballistic missile submarine sank in the Pacific Ocean in 1968, the U.S. Navy located the wreck at a depth of three miles. With an elaborate cover story and the help of billionaire Howard Hughes, the CIA spent the current value of $1.3 billion to build an ambitious deep-sea platform, Hughes Glomar Explorer, which dropped an enormous claw to the seabed to retrieve a section of the sub.
When journalists followed up on Glomar rumors, the government developed the Glomar response, which holds that certain information vital to national security can be neither confirmed nor denied.
What was once an exceptional tactic to protect heroic intelligence operations has since become a standard ploy to render FOIA meaningless. In the case of potential spying on Congress, some of the documents we seek are correspondence between intelligence agencies and members of Congress who believe theyve been targeted. On what national security basis can the government categorically refuse to search for, and thus withhold, all correspondence with Congress?
In our FOIA concerning spying on campaigns, the government asserts that the very act of searching for documents could jeopardize national security. Opening a file drawer to look for congressional correspondence is not, in fact, analogous to publicly revealing the existence of a super-secret vessel capable of bringing a Soviet nuclear submarine to the surface. Besides, how can the government know which files are classified and involve national security, and which can be released, without looking at them?
When Attorney General Merrick Garland was chief judge of the D.C. Circuit Court, he upheld the principle that official acknowledgement of documents can force their disclosure over an otherwise valid Glomar response. Perhaps courts could further adopt a bright-line rule that would balance national security and the U.S. Constitution. They could hold that an agency is acting in bad faith when it attempts to Glomar documents containing evidence of possible illegal interference in Congress and campaigns.
Judges are the Constitutions last line of defense. The expansion of the Glomar loophole to circumvent FOIA threatens to render a law passed by Congress, and signed by a president, with the approval of the American people who elected them, utterly meaningless. At the very least, the courts should make the agencies look through their files as FOIA clearly demands.
Unless judges respond with some vigor, the trust Americans place in our government will deserve to be lower than a Soviet sub stuck in the Marianas Trench.
Mark Udall was a U.S. senator representing Colorado from 2009 to 2015. Bob Goodlatte represented Virginias 6th District in Congress from 1993 to 2019 and chaired the House Judiciary Committee. Both are senior policy advisers to the Project for Privacy and Surveillance Accountability.
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Is there really a point to knowing everything? | North State Voices – Oroville Mercury-Register
Posted: at 2:52 am
I know Im not stupid, but did you watch Mattea Roach on Jeopardy? I was spell-bound while she immediately hit her buzzer with the correct answer to many more questions than I can imagine ever having learned about. There she was, immediately recalling the name of a teeny island that I never heard of, dates of events so old they predate our ancestors ancestors. From the air, she easily pulled names of third and fourth cousins of the ninth reigning queen of a country thats been extinct for several lifetimes. How in the world did she do it?
I know our brains are supposed to have been the first computers, but come on! It doesnt mean we dont forget things. It doesnt mean we all can analyze formulas and recall everything weve ever learned for the rest of our lives. Contestants like Mattea have fascinated me from the first time I realized how few questions I can answer on Jeopardy while it is childs-play to them.
I would love to talk to the parents of these wonder-women and -men. How did they raise such smart people? Did they have implants inserted in their children at birth? Did they constantly play music as they raised their children? Ive read that music stimulates the young brain, especially while they sleep. There may be truth to that, as my granddaughters mother played soft music every night while Cadence slept and believe me, she is one smart cookie. My parents, on the other hand, liked a quiet house, so musical notes rarely bounced off our walls. When I became aware of the Beatles, back in the 60s, I got a record player, built a collection of 33 1/3s, and played music in my room with the door closed, but I think it was too late for me. So, here I am, not the brightest light bulb in my husbands garage, but I get by.
Getting by would not be acceptable to people like Mattea. To excel beyond supposed human capabilities is more her speed. Is there a limit to how much information a human being can retain forever? Ive read that the only reason animals dont outsmart us is because our brain to body ratio is greater than those of whales, elephants, all animals for that matter.
YET, on the other hand, what do brainiacs do with all that knowledge reverberating within their skull? Is there really a need to know everything? Is one lifetime enough to put all that knowledge to good use? Too bad people cant share their intelligence with the rest of us lesser souls. Im sure Mattea could give me one-third of her intelligence and never miss it. But what a difference it would make to me. What would you with, say, five times more intelligence and memory capability than you have now? Invent a cure for cancer? Figure out how to get to the end of the wild blue yonder? Look beyond yourself to the needs of others and instantly know what they need and how to supply it? Maybe not only present our opinions, but instantly present facts (real facts, not made-up ones) on which we base our opinions?
On the other hand, does the world really need us all to know everything at the drop of a question? There are places for us sitting on the lower rungs. Maybe high intelligence doesnt equal patience, empathy, and generosity. Now, Im not suggesting high intelligence equals lack of humanity that certainly would be outweighed by caring people in the medical field, teaching, and yes, even in politics. What Im saying is, arent our needs fulfilled by moms and dads, manual laborers, helpful neighbors, leaders of faith just as important as our highly successful scientists, archeologists, law interpreters?
Well, Ive talked myself into it. Now I can watch Mattea as she casually recalls the fourth amendment to Estonias constitution and not be jealous. She has her role in life, and I have mine. Whos to say her role is more important than mine, or yours? I guess the bottom line is to do our best, whatever that might be. Never harm, only love, share, and assist.
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