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Yochai Benkler

Yochai Benkler is an Israeli-American legal scholar specializing in the of , and networked society. He holds the Jack N. and Lillian R. Berkman Professorship in Entrepreneurial Legal Studies at and serves as faculty co-director of the Berkman Klein Center for and Society. Benkler earned an LL.B. from in 1991 and a J.D. from in 1994. Benkler's seminal work, The Wealth of Networks (2006), argues that digital networks enable effective non-market, of information and cultural goods, challenging traditional market and state-centric models of production. This framework has influenced understandings of collaborative platforms like and . His later book, Network Propaganda (2018), co-authored with Robert Faris and Hal Roberts, empirically analyzes the U.S. media ecosystem, contending that right-wing networks exhibit greater asymmetry in promoting disinformation and radicalization compared to left-leaning ones. Benkler has received awards including the Pioneer Award in 2007 and the Visionaries Award in 2011 for his contributions to innovation policy and digital freedom. His research extends to the of resources, decentralized , and the interplay between , institutions, and relations, advising governments and organizations on these topics. Recent works, such as A of (2022), explore frameworks in contemporary .

Early Life and Education

Childhood and

Yochai Benkler was born in 1964 in , a suburb of , . He grew up in the Tel Aviv area to parents and Benkler, with his father passing away prior to 1992. During his youth, Benkler participated in Hanoar Ha'oved Vehalomed, a secular socialist-Zionist youth movement associated with 's labor tradition, which emphasized collective values and practical work. Following standard Israeli practice, he completed mandatory in the , serving in the before transferring to the Armored Corps. In his early twenties, from 1984 to 1987, Benkler resided on Shizafon in Israel's desert, a communal agricultural settlement, where he held the role of . After earning his LL.B. from in 1991, Benkler relocated to the as a to pursue graduate studies, initially at Harvard, thereby establishing dual Israeli-American ties and settling in the area of .

Formal Education and Early Influences

Benkler obtained his LL.B. from the Faculty of Law in 1991. He subsequently pursued advanced legal studies in the United States, earning a J.D. from in 1994, where he served as a at from 1992 to 1994. His legal training emphasized principles, laying groundwork for later explorations into commons-based resource allocation and information goods. At Harvard, Benkler encountered early debates on technology's intersection with legal frameworks, including and regulatory structures for emerging digital networks. This period coincided with nascent discussions on , though formalized cyberlaw scholarship was still developing; his coursework and research assistantships exposed him to unbundled equity models in and policy implications of decentralized information production. Intellectually, Benkler drew foundational influences from property theorists like Carol Rose, whose work on "inherently " and the comedy of the commons informed his understanding of non-market and reciprocity in shared systems. Rose's analyses of custom, commerce, and open-access regimes resonated in Benkler's initial forays into how legal entitlements could enable or constrain collaborative production beyond traditional firm or market boundaries. These ideas, combined with engagements from scholars like Ed Baker on media and expression, shaped his shift toward examining networked economies as alternatives to proprietary control.

Professional Career

Initial Academic Positions

Following his J.D. from Harvard Law School in 1994, Benkler briefly practiced as an associate at the law firm Ropes & Gray in Boston from 1994 to 1995. He then served as a law clerk to U.S. Supreme Court Justice Stephen Breyer during the 1995-1996 term. Benkler entered legal academia in 1996 as an Assistant Professor of Law at New York University School of Law, where he also co-directed the J.S.D. program from 1997 to 2001. He advanced to Associate Professor from 1999 to 2001 and then to full Professor from 2001 to 2003. During this period at NYU, Benkler directed the Engleberg Center for Innovation Law and Policy and the Information Law Institute from 2000 to 2003, roles that aligned with his emerging focus on legal frameworks for technological innovation. At NYU, Benkler began developing theoretical approaches to rights in the context of goods, emphasizing alternatives to traditional models. Key early publications included "Intellectual Property and the Organization of Production" (2002), which analyzed how regimes influence the structure of production, and "Coase’s Penguin, or, and the Nature of the Firm" (2002), an exploration of non-proprietary, peer-driven innovation exemplified by . Additional works, such as "Freedom in the : Towards a of " (2003), examined commons-based mechanisms for fostering individual autonomy and economic output in environments without relying solely on market incentives. These articles laid groundwork for broader inquiries into non-market production modes, drawing on empirical observations of emerging internet-era practices.

Rise at Harvard Law School and Berkman Klein Center

In 2007, Yochai Benkler joined as a tenured professor after serving at since 2003. His move to Harvard positioned him to expand his influence on legal scholarship related to technology and innovation. In 2008, he was appointed the Jack N. and Lillian R. Berkman Professor for Entrepreneurial Legal Studies, a named chair reflecting his expertise in the intersection of , , and digital systems. Benkler assumed a leadership role as faculty co-director of the Berkman Klein Center for Internet & Society (formerly the Berkman Center, renamed in ), where he helped shape research agendas on , ecosystems, and policy challenges in networked environments. Under his co-direction, the center advanced empirical studies on dynamics, including large-scale analyses of information flows and platform influences. He also served as faculty director of the Program on Law and Political Economy at , directing interdisciplinary efforts to examine regulatory frameworks for emerging technologies. During his Harvard tenure, Benkler contributed to debates, building on prior work by advocating for unlicensed allocation in FCC proceedings, arguing through economic analyses that commons-based approaches could foster innovation over exclusive licensing. In the , his leadership at the Berkman Klein Center extended to coordinating research on information disorder, including mappings of networks during the 2020 U.S. election cycle, which highlighted patterns in amplification but drew for potential interpretive biases favoring institutional narratives over decentralized critiques. These efforts solidified the center's role in advising on digital , though empirical claims in such studies warrant cross-verification against primary data sources given prevailing academic tendencies toward alignment with progressive priors.

Core Theoretical Framework

Development of Networked Information Economy Concepts

Benkler's conceptualization of the originated in the late amid the rise of distributed tools, which challenged the prevailing models exemplified by firms like . Observing the unexpected success of open-source projects such as , he posited that digital networks could support production modes beyond market-driven hierarchies or state mandates, emphasizing individual autonomy in contributing to shared resources. This response to dominance highlighted how effective freedom arises not from mere access to diverse media but from the capacity for individuals to participate in information production itself, leveraging the internet's architecture to bypass traditional gatekeepers. Central to this was the economic property of as a non-rivalrous good, where marginal reproduction costs approach zero once initial creation occurs, permitting unbounded sharing without depletion. Benkler reasoned from this that declining costs of and communication—evident by the early 2000s with widespread personal and —remove barriers to , enabling commons-based systems where outputs remain freely available for modification and redistribution. Unlike rival goods requiring exclusive ownership to incentivize , 's characteristics inherently favor , fostering innovation through iterative contributions rather than siloed proprietary control. Causally, Benkler attributed the viability of these alternatives to institutional innovations like open-source licensing, which mitigate transaction costs in large-scale cooperation by aligning incentives through norms, reputation, and modular task design rather than formal contracts or prices. In his seminal 2002 analysis, he drew on Coase's theorem to explain how peer production emerges for complex information goods: digital platforms allow granular signaling of needs and capabilities, permitting self-selected participants to tackle subtasks whose integration yields superior outcomes to firm-based or market alternatives, as demonstrated by the kernel's development involving thousands of voluntary contributors. This causal mechanism underscored a shift toward networked economies where social and cooperative practices rival industrial models in efficiency for information-intensive domains.

Peer Production and Commons-Based Production

Benkler's model of peer production posits a socio-technical system in which individuals, organized in loose affiliations without traditional managerial hierarchies or market pricing, collaboratively produce , , or cultural . This form emerges particularly in digitally networked environments where communication and computation costs have declined sufficiently to enable effective self-selection of participants around specific tasks. Contributions are motivated primarily by intrinsic rewards, such as , , or reciprocity, rather than monetary compensation or hierarchical direction. Central to peer production are three structural preconditions: a highly modular problem structure that permits decomposition into fine-grained tasks; granularity allowing diverse individuals with varying skills, time availability, and motivations to contribute meaningfully without full-time commitment; and low-cost mechanisms for integration, such as explicit licenses (e.g., the GNU General Public License, first published in ) that define access, modification, and redistribution rights while minimizing coordination overhead through digital tools. These elements enable parallel, asynchronous work by participants who self-identify for tasks matching their capabilities, with outputs aggregated via protocols that harness network effects for quality control, such as and forking in . Commons-based peer production extends this model by specifying that the resulting outputs form a commons—freely accessible resources not enclosed as —contrasting with proprietary peer production where outputs remain owned by coordinators. Benkler argues this viability challenges Ronald Coase's 1937 , which attributes organizational boundaries to minimization; in peer production, digital networks reduce search, communication, and verification costs to the point where decentralized collaboration outperforms both firm-internal direction and market exchanges for certain information-intensive goods. Empirical instances include the , initiated by in 1991 as a hobby project that evolved through thousands of voluntary contributors coordinating via email lists and systems to produce a robust operating system alternative. Similarly, , launched on January 15, 2001, exemplifies granular editing by millions of volunteers on modular articles, with integration handled by and community norms yielding an encyclopedia rivaling proprietary efforts in scope and accuracy. Other cases encompass open-source projects like the (first released in 1995) and distributed content platforms such as , which digitizes public-domain texts through volunteer scanning and proofreading.

Major Publications and Arguments

The Wealth of Networks (2006)

Yochai Benkler's The Wealth of Networks: How Social Production Transforms Markets and Freedom, published by in May 2006, examines how digital networks enable a transition from an industrial —characterized by proprietary control, scarcity-based pricing, and centralized production—to a networked predicated on non-market, collaborative social production. Benkler contends that declining communication and computation costs, coupled with modularity in information goods, allow individuals to engage in peer production, where loosely affiliated collaborators contribute to shared projects without relying on corporate hierarchies or monetary incentives. This model, he argues, fosters greater individual autonomy by providing access to tools for cultural and informational self-expression, thereby challenging the dominance of and proprietary platforms. The book's structure unfolds in three principal sections. The first delineates the economic foundations, contrasting the inefficiencies of industrial models under network conditions with the efficiencies of , where resources like code or encyclopedic entries are produced through voluntary, granular contributions. Subsequent sections explore implications for justice and freedom: enhanced political participation via decentralized discourse (e.g., through blogs and networks), and arising from abundant, user-driven that sidesteps editorial gatekeeping. Benkler predicts these dynamics will promote democratic deliberation by diversifying voices and reducing reliance on advertiser-influenced media, while empirically grounding his claims in case studies such as open-source software projects like and , the nascent licensing framework (introduced in 2001), and early distributed blogging platforms that enabled real-time, individual-led reporting. Immediate academic positioned the work as a foundational text in information law and , praised for synthesizing economic theory with observable technological shifts to argue for policy reforms favoring over proprietary enclosures. Reviewers noted its rigorous avoidance of , instead emphasizing causal links between affordances—like zero marginal costs—and emergent forms, though some critiqued the underemphasis on coordination challenges in scaling peer efforts. The volume's digital edition, released concurrently, exemplified its theses by garnering over a million downloads in initial years, underscoring early interest among scholars and policymakers.

Network Propaganda (2018)

Network Propaganda: Manipulation, Disinformation, and Radicalization in American Politics is a 2018 book co-authored by Yochai Benkler, Robert Faris, and Hal Roberts, published by on October 18. The work analyzes the U.S. political media ecosystem, with a primary focus on coverage of the 2016 presidential election across mainstream, partisan, and outlets. Drawing on extensive datasets, the authors map how information flows through hyperlinks, shared narratives, and event-specific reporting to reveal patterns of and . The book's central thesis posits an asymmetry in the American media landscape: right-leaning outlets, such as and Breitbart, form insular feedback loops that systematically amplify falsehoods and , driven by commercial incentives prioritizing audience engagement over factual accuracy. In contrast, the left-leaning integrates with mainstream journalistic norms, enabling self-correction through and cross-verification among diverse sources. Benkler et al. argue this disparity arises from interactions between pre-existing institutional patterns—dating to changes since the 1970s—and technological affordances like algorithmic amplification on platforms. They emphasize that "network propaganda" emerges from architecture, making certain networks more prone to epistemic crises where false narratives dominate without internal rebuttal. Methodologically, the study employs network analysis of over 100 sites, tracking patterns, narrative convergence on events like the email leaks and debates, and propagation of specific claims during the period from 2015 to 2016. Quantitative metrics reveal dense interconnections within right-wing clusters, where outlets reinforce each other's unverified stories, contrasted with the left's sparser, corrective ties to legacy journalism. The authors highlight causal mechanisms, including profit motives in cable and digital sites that reward , fostering audience through repeated exposure to polarized content. This data-driven approach underscores how commercial dynamics, rather than technology alone, exacerbate vulnerabilities in partisan flows.

Other Notable Works and Articles

Benkler's 2002 article "Coase's Penguin, or, and the Nature of the Firm," published in the Yale Law Journal, analyzes , such as , as an instance of where individuals collaborate without traditional market incentives or managerial hierarchies, enabled by digital networks' low coordination costs. The piece draws on Ronald Coase's to explain why such non-proprietary production sustains complex projects, positing it as a viable alternative to proprietary models in information goods. In scholarship, Benkler's 1999 article "Free as the Air to Common Use: First Amendment Constraints on Enclosure of the ," appearing in the Law Review, contends that expanding and related rights encloses public domain resources, potentially abridging First Amendment freedoms by concentrating control over flows and limiting diverse expression. Similarly, his 2002 paper " and the Organization of " critiques how strong IP regimes distort non-market production modes, advocating for balanced protections that preserve commons-based alternatives. These works emphasize empirical observation of emerging digital practices over doctrinal expansionism. On policy, Benkler's 2012 article "Open Wireless vs. Licensed Spectrum: Evidence from Market ," in the Harvard Journal of Law & Technology, reviews data from eight wireless sectors—including and grids—to demonstrate that unlicensed spectrum bands outperform licensed ones in spurring and , challenging auction-based allocation paradigms. Earlier, in pieces like "Overcoming " (1998), he proposed to decentralize control and enhance public access, influencing debates on deployment. Post-2018 contributions include collaborative empirical studies on ecosystems and platform dynamics, such as analyses of flows in U.S. elections, where Benkler co-authored reports documenting reliance on legacy over platforms for dissemination. In a Washington Post , he argued that traditional outlets like drive misinformation more than , based on link-sharing data from 2016–2017, urging scrutiny of broadcast asymmetries rather than solely algorithmic . These efforts extend to policy recommendations on election integrity, emphasizing data-driven interventions over blanket platform regulations.

Empirical Impact and Reception

Policy Influence and Academic Citations

Benkler's scholarly contributions have been extensively cited, with his Google Scholar profile accumulating over 28,000 citations as of 2025, underscoring their impact on disciplines including communication law, , and . His seminal book The Wealth of Networks () has shaped theoretical frameworks in networked information economies, peer production, and commons-based strategies, frequently referenced in peer-reviewed literature on digital innovation and regulatory design. These citations reflect Benkler's role in bridging legal scholarship with empirical analyses of information flows, influencing subsequent research on decentralized production models and media ecosystems. In policy domains, Benkler has advised governments and international organizations on and strategies, emphasizing the preservation of open networks to foster collaborative production. He provided expert testimony to the (FCC) during a hearing on February 25, 2008, hosted at , where he argued for safeguards against broadband provider dominance to maintain competitive access and . Benkler also contributed briefs in key cases defending and challenging technological enclosures, including a 2001 filing with in Universal City Studios v. Reimerdes (MPAA v. 2600), critiquing the Digital Millennium Copyright Act's (DMCA) restrictions on circumvention tools that impede lawful uses of digital content, and another in the DVD decryption litigation asserting First Amendment protections for interoperability and . Benkler's advocacy extended to promoting commons-based licensing, as evidenced by his release of The Wealth of Networks under a Noncommercial license, which modeled practical applications of to scholarly work and influenced broader adoption of such frameworks in policy discussions on reform. These efforts have informed regulatory approaches prioritizing non-proprietary collaboration over market enclosures in digital infrastructure debates.

Real-World Outcomes of Predicted Decentralization

Benkler's predictions of a , emphasizing peer production and diverse non-proprietary collaboration, achieved notable successes in specific domains. exemplifies this, sustaining a volunteer-driven model that produced over 6.8 million articles in English by 2024 through contributions from millions of registered users, with approximately 39,000 active editors as of December 2024, reflecting stable peer coordination despite a concentrated core of highly active participants. Open-access publishing has similarly expanded, with the share of gold open-access articles rising from 14% to 40% of global research outputs between 2014 and 2024, enabling broader dissemination without traditional gatekeepers. In software, platforms like have facilitated peer production, recording over 1 billion cumulative contributions and attracting 1.4 million new developers to open-source projects in 2024 alone, validating commons-based approaches in code development. However, these outcomes contrast with broader centralization trends that undermine the anticipated diversity and diffusion of production. Major platforms have consolidated control, with and commanding roughly 44% of global digital advertising revenue as of 2023 projections extending into subsequent years, forming an that prioritizes proprietary ecosystems over . has declined post-2010s, evidenced by reduced posting frequency—nearly one-third of social media users reported contributing less content in 2025 surveys—and falling organic reach on platforms like from 12% in 2013 to 5% by 2018, shifting creation toward algorithm-dependent feeds rather than independent sites. Centralized moderation policies on these platforms further concentrate decision-making, as companies like and enforce top-down content rules, diverging from visions of emergent, distributed . Causal factors rooted in network effects explain this divergence, as empirical analyses demonstrate that platforms benefit from positive feedback loops where increased user scale enhances value, fostering winner-take-all markets that favor incumbents over fragmented peer alternatives. Studies confirm these dynamics amplify growth for dominant players, with size directly correlating to adoption and retention, thereby eroding the conditions for widespread, non-hierarchical Benkler foresaw. Overall, while niche thrived, systemic incentives propelled centralization, partially validating peer models but highlighting limits in scaling against proprietary advantages.

Criticisms and Counterarguments

Overoptimism Regarding Technological Decentralization

Critics have argued that Benkler's vision in The Wealth of Networks (2006) overestimated the decentralizing potential of networked technologies, predicting a shift toward non-proprietary, peer-produced that would enhance individual liberty and reduce reliance on concentrated industrial media. Instead, empirical developments revealed capture by dominant incumbents, with platforms like and consolidating control over flows and user data, effectively erecting "new enclosures" that monetize commons-based contributions through proprietary algorithms and mechanisms. This concentration manifested in stark metrics: by 2010, the top 10 websites accounted for 75% of U.S. page views, rising to platforms like and driving 81% of by 2015, enabling and behavioral manipulation that Benkler's framework underemphasized as risks to . Peer production exemplars, such as , experienced a decline in active editors from a 2007 peak, losing 49% between 2006 and 2012, with a small cadre of editors—comprising about 1% of contributors—producing the majority of content changes, indicating and insider dominance rather than open, egalitarian collaboration. Benkler's optimism failed to anticipate how decentralized inputs would fuel centralized models, where platforms harvest user-generated for profit, prioritizing prediction and influence over the diverse, self-governing he advocated, leading to amplified and "human downgrading" via algorithmic curation of extreme content. From libertarian perspectives, this overoptimism inadvertently justified regulatory interventions—like those Benkler endorsed for network neutrality—which critics contend exacerbate centralization by empowering state oversight over emergent market dynamics, rather than fostering unhindered technological liberty.

Asymmetry Thesis in Media and Disinformation Debates

Benkler's asymmetry thesis, articulated in Network Propaganda: Manipulation, Disinformation, and Radicalization in American Politics (2018), posits that the U.S. media ecosystem exhibits a structural imbalance wherein right-wing outlets form a more insular network prone to propagating false narratives, while left-leaning and maintain greater connectivity to and corrective mechanisms. This conclusion derives from analyzing over 100,000 articles, hyperlinks, and shares from mid-2015 to early 2017, revealing higher volumes of unsubstantiated claims on topics like and the 2016 election in conservative clusters. The thesis has fueled debates on , influencing policy discussions on platform moderation and journalistic norms, with proponents arguing it explains phenomena like the persistence of election fraud claims post-2020. Critics have challenged the thesis for potential in data sampling, noting its focus on election-centric coverage from 2015–2017, which omits broader contexts where left-leaning media amplified unverified narratives. For instance, mainstream outlets extensively covered the -Russia collusion storyline from 2016 onward, with over 20% of New York Times front-page stories in 2017 devoted to it, yet the (released March 2019) found insufficient evidence of criminal conspiracy between the campaign and , despite coordination contacts. This coverage, critics contend, exemplifies coordinated narrative-pushing akin to the loops Benkler attributes primarily to the right, though Benkler's analysis included a on Russian interference that downplayed mainstream overreach. Similarly, during the (2020–2022), left-leaning media and public health-aligned outlets initially framed the lab-leak hypothesis as a fringe conspiracy, with and others labeling it racist or debunked; subsequent assessments by the U.S. Department of Energy (2023) and FBI deemed it the most likely origin with moderate to low confidence. These examples suggest bidirectional tendencies in narrative amplification, potentially underemphasized due to the study's temporal scope. Post-2020 empirical analyses have provided mixed evidence on the asymmetry's robustness. A 2023 study in Public Opinion Quarterly tested ideological slant across all political news using surveys and , finding that while conservative audiences show higher vulnerability to low-credibility sources on select topics, overall accuracy differences diminish when evaluating comprehensive coverage, challenging claims of a uniquely right-wing "misinformation problem." Another examination of sharing during the 2020 election revealed partisan vulnerability to on , though with asymmetric intensities tied to echo chambers rather than inherent ecosystem flaws. Critics from free speech perspectives, including analyses in Boston Review, argue the thesis risks pathologizing conservative media while overlooking mainstream institutional biases, such as academia's left-leaning skew (evident in surveys showing 12:1 Democrat-to-Republican ratios in social sciences), which may influence research framing and normalize interventions like . These viewpoints prioritize causal mechanisms like audience self-selection over purported structural dominance. Defenders of the thesis, including Benkler, emphasize and sharing data as objective indicators of insularity, with right-wing sites exhibiting 2–3 times higher false-story propagation rates during the studied period. They counter omission critiques by noting the analysis captured cross-ideological flows, where left-leaning networks corrected errors more readily via links to non-partisan verifiers. However, the underscores methodological tensions: Benkler's Berkman Klein affiliation, within Harvard's , has faced scrutiny for aligning with , potentially affecting source selection in asymmetry-focused . Empirical replication remains contested, with some post-2018 studies affirming directional disparities in volume but attributing them to motivational factors like threat perception rather than irreducible asymmetry.

Recognition and Legacy

Awards and Honors

In 2007, Benkler received the 's Pioneer Award, recognizing his foundational work on the potential of networked information economies to foster collaborative production and models. In 2011, he was honored with the Visionaries Award, a $100,000 grant supporting innovators in , for his scholarship at the intersection of , , and democratic participation. Benkler's The Wealth of Networks (2006) earned the 2008 Book Award from the Communication, Information Technologies, and Media Sociology (CITAMS) Section of the , acknowledging its analysis of how digital networks enable non-market, collaborative forms of information and cultural production. In 2012, the presented Benkler with its Lifetime Achievement Award for his enduring contributions to the academic study and public discourse on , , and societal impacts.

Ongoing Contributions and Current Role

As faculty co-director of the Berkman Klein Center for Internet & Society at , Benkler has sustained leadership in examining the dynamics of networked information environments, with recent emphases on artificial intelligence's implications for and societal resilience. In this capacity, he has contributed to the center's Ethics and Governance of initiative, highlighting risks from tech industry dominance in defining regulatory frameworks, as articulated in analyses warning against capture of processes. His involvement extends to collaborative projects like the Democratic Commons initiative, launched in 2024 to explore generative 's role in bolstering democratic institutions amid rising informational challenges. Benkler's post-2018 scholarship has advanced empirical studies of media ecosystems, including reports on during the and partisan dynamics in U.S. political discourse around impeachments and primaries, produced through the center's Media Cloud platform. These works build on causal analyses of how elite-driven narratives propagate across platforms, informing resilience strategies against coordinated without relying on unverified foreign interference claims. A 2022 co-edited volume, A of Justice, further applies his framework to distributive questions in digital economies. In 2025, he co-authored on platforms' role in fostering illiberal connective action, integrating network data to trace interactions between digital publics and electoral processes. Through public commentary and advisory roles, Benkler influences ongoing debates on platform accountability, advocating evidence-based approaches to that prioritize observable causal pathways in content amplification over blanket immunities or mandates. His emphasis on structural media factors—such as outlet interdependence and audience feedback loops—projects a continued role in shaping policy responses to tech-political entanglements, particularly as integrates into and recommendation systems. This trajectory underscores a shift toward interdisciplinary of power concentrations in algorithmic , grounded in longitudinal from flows rather than normative assumptions.

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