Implications of Nanotechnology

Applications: Using Genetics

as a Lesson
Fiona N. Moore

is its own creature as we ll. Because nanotechno logy is more

I. Introduction application than exploration, m any societal co ncerns will
reflect this difference from genetics.

As socie ty becomes more comfortable discussing genetics Like the World Wide W eb, nanotechnology may appear
and its related ethics, a new technology is blossoming in the gradually and yet have a revo lutionary effect. 2 The purpo se
background. Nanotechnology may speak the same societal of this paper is to provide a cursory overview of some
language as does genetics, in that both technological possible social, ethical and legal issues implicated in the
mov ements involve tiny science and large imagination. In a development of nanotech nology. All issues w ithin this paper
way, it is naturaland almost inevitable that the ge netic evidently warrant further analysis.
revolution and the nanotechnology revolution be compared.
Bo th fields involve smaller and smaller scales and
manipulation of nano-sized materials. B oth fields also create II. Social Implications
ricochet effects in almo st every aspect of society.
Inherent in the promise of nanotechnology is the creation of
W hile nanotechn ology is new, so new that nothing seems superior products and services at a much-red uced cost. The
impossible, there are certain pred ictions tha t may be safely effect of such creation, by itself, will perhaps take decades
drawn. Though we need to be cautious of both positive and to manifest in society,3 spinning off into environmental,
negative hype, some sp eculative app lications of social, econo mic and educational implications. W ithin these
nanotechnology are becoming clear. Already today, spheres, as with genetics, we will find a fundamental
scientists and engineers are creating nanowires and carbon tension of civilization the tension between humanitys
nanotubes slated for super-strong, super-efficient and quest for more control over nature and the future, and our
eventually super-cheap products. In nanomedicine, there are equally strong desire for stability and predictability in the
discussions of sending dendrimer polymers into every reach prese nt. 4
of the bo dy to dispense drugs in specifically localized cells,
and of disp atching diagnostic nano-machines into the body a. Environmental implications
to detect cancer when only a few cancerous cells ex ist.1
Mo reover, nanotechnology will be used as a too l for genetic One of the more common so cial notes that seems to arise
information and research, facilitating genome sequencing from a perusal of the literature is that nanotechnology will
and nuclear transfer with smart nano-devices that have have a positive effect on the environment. Nanotechnology
some independence and learning capab ilities. promises to reduce by orders of magnitude the inputs of
energy and materials and associated environmental
For every p ossible app lication of nanotechnology and discharges required to produce a device that can perform a
even for fantastical ones we need to exam ine soc ial, particular task. 5 Due to the near-perfect potential efficiency
ethical and legal imp lications. W e can learn from the genetic of nanotechnology, by-products will be minimized and
revolution and p ond er how similar issues might arise in emissions will be controlled. Roco and Bainbridge envision
nano techno logy. For instance, we can forecast priva cy, applications such as tires where the carbon black is replaced
intellectual property and concept of life concerns. Yet, at the with an environmentally friendly nanotechnological
same time, it is important to recognize that nanotechnology substance.6 Electricity will be generated with much less fuel

V olum e 10 Num ber 3 9

and the environm ental foo tprint o f electricity will term. The initial expense may exacerbate the nano divide
consequently be vastly smaller.7 Filters for water or oil will by limiting accessibility to the nano-applications. Smith
be ultrafine, allowing fewer impurities and contam inants even poses the ominous question: W ill the Haves of the
into the product, and gasoline consumption in turn will Earth no longer need the Have-nots? 1 3 On the other hand,
plummet. Water could be desalinized 8 and the ocea ns could the Foresight Institutes Guidelines on Molecular
assuage the impending water supply worries of the world. Nanotechnology sees nanotechno logy as facilitating wealth
distribution more safely across international boundaries by
b. Social implications distribut[ing] the benefits of the technology to the four
fifths of humanity currently desperate to achieve material
Following the genetic experience, social implications of wealth at any environm ental or security cost. 1 4
nanotechnology may involve effects in health care and
wealth distribution. In health care, c. Economic implications
for instance, it is very likely that
nanotechnology in the arena of Hand in hand with
medicine would include automated
... nanotechnology in the arena of medicine social concerns are
diagnosis. This in turn would mean would include automated diagnosis. This in e c o no m ic c o ncer ns.
fewer patients requiring physical turn would mean fewer patients requiring Giving poorer nations
evaluation, less time needed to make physical evaluation, less time needed to more wealth through
a diagnosis, less human error and nanotechnology might
make a diagnosis, less human error and mean that the world
wider access to health care
facilities.9 As well, if nanomedicine wider access to health care facilities. economy as a whole
increases the life span of human m a y b e c o me m o re
beings, it will create populations stable and sustainable.1 5
with large p roportions of elderly people requiring more W ithin North America, though, nanotech nology could
health attention and consequently more health expend itures. foreseeably alter the entire framework of our econom ies. If
In Canada, where rising health care costs are of current nanotechnology practically rids industry of its dependence
concern, the subsidized public system may have to be on fossil fuels and o il, as pred icated by many, 1 6 how might
examined and adjusted. To say, on the other hand, whether the new economy realign itself? 1 7 M oreo ver, if
savings from mo re efficient nanomed icine techniques will nanotechnology finds success in the co ntext of dram atically
counterbalance the expense of an increased aged population reducing the price of minerals and gems, this might crea te
is speculative at this point. econom ic crises in the countries for whom production of
these minerals and gems is an econ omic mainstay. 1 8 From
Ano ther social concern linked to health care is that of another angle, nanotechnology may (or may no t) drastically
insurance. Being able to de velop pred ictive health profiles alter the current economic environment, where less-durable
of individuals might make insuranc e cov erage minutely products are the norm because companies want frequent
specific and might destabilize the risk-spreading approach replacem ent and co nsequently increased profits. 1 9
that allows equitab le delive ry of social benefits to broad
pop ulations. 1 0 In a mo re extre me light, diagno stic Not unlike current prospects in genetics, corporatism and
nanotechnologies may ev en ma ke some p atients un- capitalism will almost certainly rule the nanotechnology
insurab le 1 1 (while this is perhaps less a concern in Canada day. Many writers (includ ing Bill Joy in Wired 2 0 ) note the
than in wholly privatized systems, Canadians should be enormous lucrative potential of nanotechnology in the
prepared to face the same problem s, especially if health care private sector. While venture capitalists are slow to invest in
costs continue to rise). As an extension of this conc ept, an industry with huge initial costs and speculative results,
genetic discrimination may well become a p roblem. There when nanotechno logys sco pe is proven, capitalism will
is already concern with genetic discrimination today, but feed itself on nanotechnology and radically affect the
with nanotechnology it is easy to imagine an amplification orientation of the markets. There are surely benefits to this,
of prob lems. but the changes m ay be so great as to be unpredictable.
W hat ifand this has been seen as practically
As for wealth distribution, several authors predict a nano inevitablecomputer manu facturing costs could be slashed
divide between those who particip ate in nanotechnology in half? What if drug develo pme nt and production co sts
12
and those who cannot afford to participate. The rich will could be reduced by seve nty perc ent? 2 1
get richer and the poor will get poorer, in effect. Most
nanotechnology scholars agree that the technology will be If nanotechnology pervades almost every sector of the
initially extrem ely expensive but much cheaper in the long econom y, the profile of the economy will change. Some

10 Health Law Review

businesses, for instance, ma y sudd enly be irrelevant and/or investors to contribute to uncertain efforts, universities will
obsolete. If this happens, gove rnments may need to provide probab ly be the initial site of research. The University of
subsidies to keep the economy stable.2 2 Labourers may no Albe rtas new National Institute of Nanotechnology is one
longer be needed, and older skills that might be needed in example.
technological breakdown may disappear. At the same time,
the workforce could become concentrated in highly-skilled The attraction of nanotechno logy for the private sector is
emplo yees. inevitable, however, and already there are some forays into
academic/industrial relationships around nanotechnology.
d. Educational implications As with genetics and biotechno logy, such relationships will
certainly raise issues of, for ex amp le, conflict of interest.
Such a scenario would necessitate There will be new
a f un d a m en t a l c h a n g e in pressures on universities,
and questions will surface
education. Education, especially ... a good place to start addressing the about wheth er a
technical and scientific education,
ethical implications of nanotechnology is to university researchers ties
will be the key to full participation
in the eco nom y, even more than it examine the experience we have gleaned to a for-profit firm threaten
is today, pred icts Theis. 2 3 from biotechnology and information r e lia ble j u d gme nt in
univ ersity r e s e a rc h. 2 6
Because nanotechno logy is a technology because these fields, like
unique mixture of engineering, W eil recommend s the
genetics, are likely to share some ethical training of nano-ethicists
physic s, chem istry, biology,
computer science and materials
issues with nanotechnology. and further emphasis on
science, the field will require a ethics compone nts in
force of multidisciplinary experts. grants.
There will be more collaboration and more interdisciplinary
flexibility. 2 4 An engineering education will require a broader b. Abuse of technology
background (convergence) in a larger nu mber o f areas,
compared to the sp ecialist approach (divergence) that now The prospect of nanotechnology has been greeted by
exists in most post-secondary contexts. At the same time, extreme optim ists and extreme pessimists alike, but even the
the technology is exp ected to evo lve so rapid ly that these realists and moderates agree that abuse is always a factor in
university-educated graduates will be valued fo r their ab ility new techno logy develo pment. As Re ynolds points out,
to think and learn q uickly, rather than for their technic al Nanotechnology canno t be un-discovered . 2 7 Research is
expertise. research, and it cannot be limited in the laboratories to only
benign uses.
III. Ethical Implications Joy writes, however, that it is far easier to create
destructive uses for nanotechnology than constructive
The ethical implications o f nanotechnology are ones. 2 8 He fears empowerment of extremists by the
simultaneously unpredictable and predictable. W hile capabilities of what he terms kno wledge-enabled mass
nanotechnology is still in the fledgling stages, and destruction, and he compa res the future of nanotechnology
unde niably unique in certain respects (size, invisibility), the with the spectre of nuclear power and its devastation.2 9 After
applications are speculative and the ethical considerations September 11th, 2001, the implications of nanotechnology
follow speculatively. However, Weil suggests that a good abuse may have become more real. 3 0 Nanotechnology would
place to start addressing the ethical implications of allow for selective biological and chemical weapons, for
nanotechnology is to examine the experience we have instance, afflicting only people of certain genetic makeup s.
gleaned from biotechnology and information technology2 5
because these fields, like genetics, are likely to share some Here, the control and regulation of nanotechnology become
ethical issues with nanotechnology. Major areas of concern primary concerns. The Foresight Institute Guidelines
include academic/industry relations, technology abuse, prop ose that Accidental or willful misuse of [molecular
social divides and the very concept of life. nano techno logy] must be con strained by legal liability and,
where appropriate, sub ject to c riminal prosecution. 3 1
a. Academic/industry relations Reynolds addresses the issue b y putting his faith in
huma nity: the real protection again st the abuse of
Due to the almost prohibitive cost of nanotechnology technology is an emphasis on people, not the technology
development in its early stages, and due to the reluctance of itself. 3 2

V olum e 10 Num ber 3 11

c. Social divides wonder if nanotechnologists are playing God by tinkering
so directly with nature. Others will wonder to what extent
This ethical concern about nan otechno logy involves a humanity and nanomachinery will blend; if we are
similar conc ept to the nano divide discussed in Social downloaded into our technology, what are the chances that
implications above. we will thereafter be ourselves or even human? 3 7 Smith
asks: How much nano-prosthesis will make one non-
Even before the normalization of human? and Can or
should we consider the
nano techno logy, enormous social Nanotechnology may be able to repair or replication of brains?
gaps now exist in the world, both at
reproduce tissue, diagnose disease (e.g. Souls?3 8
national and international levels.
There are already poor people, cancer) at a very early stage, dispense
m a r g i n a l i z ed p e o p le , u n d e r- drugs at the cellular level, and even Still on the medical front,
the issue of predictive
represented people, and in the reverse disease.
nanotechnology revolution these health profilesan issue
populations will include the ones not familiar in the genetics
educated in nanoscience or nanotechnology. As a predictive arena will undo ubted ly come up, even separately from
thermometer, given the current state of existing genetic genetic discrimination. With nanotechnology making
technologies, the distribution of benefits will likely not be genetic profiling easier, the idea o f having a nontre atable
any different with nanotechnology. Should the fruits of the genetic dispo sition may crea te toxic know ledge in
research reach everyo ne or just the we alth? D oes this patients, which may in turn become a psycholog ical threat
include only the U.S. or the world? If the world, who pays? to health.3 9
Smith puts these insistent questions to his readers 3 3 without
supplying answers, but the purpose o f his questions lies in From one perspective, nanomedicine is only the next natural
the proce ss of asking, while the answering is up to us. step in the area of developmental medical research. As we
refine techniq ues o f geno me se que ncing,
xenotransplantation, therapeutic stem cell research and
d. Concept of life reproductive techno logies, nanotechno logy may simp ly
follow with the same ethical implications about the concept
The definition and p aram eters of life are called into question of life. However, nanotechnology likely has unique
with the advent of nanotechnology. In a similar way to large characteristics that make vigilance concerning ethics
questions of individuality and identity in genetics, the ethics impo rtant, perhaps in ways we cannot yet predict.
of what life is and of what effects nanomedicine may have
on the concept of human life appear regularly in the
literature. IV . Legal Implications
One aspect of the ethical concept of life revolves around Anything affecting society, the economy, medicine,
nanotechnology itself. Our vision of nanotechnology education, the environment and ethics certainly affects the
encompasses the attributes of self-generation, reproduction, law a nd le ga l fra me works. M any legal implications of
self-assem bly, self-repair and natural adaptation, writes nanotechnology will become clear as the technology
Venneri. These are all attributes we ascribe to living develop s, but some predictions have emerged already. For
things. 3 4 W hile he is referring primarily to self-replication instance, parallel to such implications in genetics, legal
capabilities of nanorobots, which do not yet exist and which concepts of pro perty, intellectual property and privacy will
may ne ver exist (dep ending on who yo u talk to), we are all probab ly change as nanotechno logy integrates into society.
familiar with scenarios from Star Trek and science fiction.
Venneri notes that systems are becoming more life-like
and too human with nanotechno logy. 3 5
a. Concept of property
One of the optimistic p romises of nanotechnology is that
The other, less fantastic aspect of how the concep t of life
almost everything and anything will be in p lentiful supply,
might change with nanotechnology regards the promises of
and cheaply. Taken to its logical extremes, this could change
nano med icine. Nanotechnology may be able to repair or
the concept of property forever. One of the central features
reproduce tissue, diagnose disease (e.g. cancer) at a very
of property is the exclusion of others. If others, however,
early stage, dispense drugs at the cellular level, and even
have no need or desire for your piece of property since they
reverse disease.3 6 Our concept of the human life span may
have their own, this cou ld potentially dissolve exclusion of
be revolutionized as a result; people may live longer by
others as a characteristic of property. As a result, the idea of
techniq ues considered by m any to b e artificial. So me will

12 Health Law Review

ownership might dwindle, or at least becom e less Data will be vulnerab le to misu se, especially give n the
proprietary. As Sm ith asks, How would the concept of potential ocean of information circulating about every aspect
property change if most things became replicable? Will we of an individuals life.4 6
care?4 0
d. Regulation implications
b. Intellectual property implications
Most discussions of the future (and present) of
As a special sub-category of pro perty, intellectual prop erty nanotechnology include a reference to the growing
might well suffer the same consequences as the concept of realization of the need for regulation in the field.4 7 Though
property simple, and become obsolete. On the other hand, views on the extent of regulation differ, there is general
since intellectual property is non-physical in nature, agreement that regulation is one way to combat the abuse of
nanotechnology itself cannot replica te intellectual pro perty. techno logy.
Intellectual property might be involved with the processes
and patents during nanotechno logy develo pme nt. From a national security standpoint, Tolles recommends
limitation and control in cases where resources get
Crow and S arewitz write that, in the face of nanotech nology, consumed too quickly, random viruses are produced,
the conc ept of intellectual prop erty seem s increasingly machines no longer respond predictably to humans, or
vulnerable. They raise the possibility that, like other inexpensive products are being used for mass indoctrination
property, copyrights and patents may fall by the wayside as or mass d estructio n weaponry. 4 8 A number of other authors
ownership and p roprietary protection become less urge a conversation be tween the public and the
impo rtant. 4 1 Theis likens nanotechnology and intellectual nano techno logists as a kind of accountability and
property to the debates around copying digital music and transparency mechanism, and also as a way to bridge the
data, in that reproductions will be ever less expensive and information ba rrier between tho se two group s.
less distinguishable from the original as nanotechnolo gy
progresses. 4 2 The trail of regulation also runs persistently through the
proposed Foresight Institute Guidelines on Molecular
Before the concept of intellectual property dissolves, Nanotec hnolo gy. W hile the Guidelines speak of the
however, there will be the p roblem of secrecy and opp ortunities in nanotechnology, they recognize that Along
transparency in nanotechnology: As nanotechnology with these new capabilities come new risks, and new
matures, its only a ma tter of time before the issue of responsibilities. The acceptan ce of the se resp onsibilities is
restricted research and secrecy will have to be co nfronted. 4 3 not optio nal. The strongest suggestion comes in the area of
Most nanotechnology pundits advocate open discussion and self-regulation, including professional guidelines that are
information-sharing as a mo del for progress and self- grounded in reliable technology, and knowledge of the
regulation, but they ackno wled ge that c apitalist enviro nmental, security, ethical and econo mic issues.
competitiveness may hinder this model. Joy sees a critical Safety measure suggestions also appear, so that
point as making wide transparency acceptable in a world of nanotechnologies will include such mechanisms as built-in
proprietary information by providing new forms of termination dates, artificial fuel sources (ra ther than those
protection for intellectual pro perty. 4 4 The Foresight found in nature), and human-de pendent subassem blies. 4 9
Institute Guid elines take a novel approach to intellectual
property, proposing a competitive disadvantage imposed W hile the Foresight Guidelines are currently far from
on those w ho do not follow responsible principles for binding, especially in Canada, the existence of such a
disseminating nanotechnological knowledge,4 5 in other structure indicates how , even in the early stages of this
words using intellectual property as a kind of enforcement techno logy, awareness about regulation and ethical, social
mechanism. and legal issues may compatibly accompany the
development of nano techno logy.
c. Privacy implications
V . Conclusion
Similar to the recent (and c ontinuing) revolutions in genetics
and information technology, nanotechnology will affect the Our societys experience with the genetics revolution can be
concept and regulatio n of privacy. As nanotechnology a valuable model for nanotechnology development, in terms
makes computing capabilities increasingly smaller and more of assessing potential bene fits and problems. As this paper
efficient, collecting, storing, sharing and processing large suggests, many of nano technologys issues mirror those of
amo unts of information will become easier and cheaper. As genetics. We as a society have learned that tracking
a result, privacy and security will become more impo rtant. implications along with a new technologys applications is

V olum e 10 Num ber 3 13

impo rtant, and that it is never to early to consider social, 15. Lave , supra note 5.
ethical and legal ramifications. The National Institutes of 16. This has be en predicted by S mith, supra note 2 at
Health in the United States established ELSI (Ethical Legal 259 ; Roc o and Bainbridge, supra note 3 at 9; J.
and Social Implications of Human Genetics Research) 5 0 to Canton, The Strategic Impact of Nanotechnology
accompany the genetics revolution. In Canada, we have had on the Future of Business and Economics in Roco
numerous similar projects, includ ing Genome C anad as & B ainbridge, 1 14 at 115 ; and L ave, supra note 5 at
current GEL S (Genetics, Ethics, Law and Society) initiative. 211.
Perhaps these genetic models may serve as a template for 17. Canton, ibid. at 120.
similar ex amina tions of nanotechno logy. 18. E. Tenner, Nanotechnology and Unintended
Consequences in Roco & Bainbridge, 311 at 316.
19. B.A. Nardi, A Cultural Ecology of
Fiona N. Moore is a second year Law School at the University of Nanotechnology in Roco & Bainbridge, 318 at 320.
Alberta, Edmonton, Alberta. 20. B. Joy, W hy the Future Doesnt Need Us Wired
Acknowledgements: Thanks to the Health Law Institute research 8:4 (April 2000), 238 at 248.
team and to Nina Hawkins. Thanks also to Genome Prairie for the 21. These questions are posed by Ca nton, supra note 16
research support that made this paper possible. at 115.
22. Smith, supra note 2 at 267.
1. D.A. LaVan & R. Langer, Implications of 23. T.N. T heis, Information Technology Based o n a
Nanotechnology in the Pharmaceutics and Medical Mature Nanotechnology: Some Societal
Fields in Ro co & Bainbridge,ed s., infra note 3, 98 Implications in Roco & Bainbridge, 74 at 83.
at 101-02. 24. G. Whitesides & J.C. Love, Implications of
2. R.H. Smith, Social, Ethical, and Legal Implications Nanoscience for Knowledge and U nderstanding in
of Nanotechnology in M.C. Roco & W.S. Roco & Bainbridge, 129 at 136.
Bainbridge, eds., Societal Implications of 25. V. W eil, Ethical Issues in Nanotec hnolo gy in
Nanoscience and Nanotechnology (Boston: Kluwer, Roco & Bainbridge, 244 at 246.
2001) at 257. 26. Ibid. at 248-49.
3. M.C. Roco & W .S. Bainbridge, eds., Societal 27. G.H. Reynolds, Dont Be A fraid. Dont Be Very
Implications of Nanoscience and Nanotechnology Afraid: Nanotechnology W orries Are Overblown
(Boston: Kluwer, 2001) [hereinafter Roco & (2001), online: Tech Central Station
Bainbridge] at 13. <http://www.techcentralstation. com/1051/
4. M.M . Crow & D . Sarewitz, Nanotechnology and envirowrapper.jsp?PID=1051-450&CID=1051-
Societal Transformation in Roco & Bainbridge, 55 12060 1C> (date accessed: 5 June 20 02).
at 55. 28. Joy, supra note 20 at 246.
5. L.B. Lave, Lifecycle/Sustainability Implications of 29. Ibid. at 250.
Nanotechnology in Roco & Bainbridge, 205 at 205. 30. See J. Carroll, Nanotechs Dark Side Debated in the
6. Roco & Bainbridge at 9. Aftershock of Sept. 11 (2001), online: Small Times
7. Lave , supra note 5 at 211. <http://www.sm alltimes.com/d ocument_disp lay.cfm
8. G. Yo nas & S.T. Picraux, National Needs D rivers ?docum ent_ id=2485 > (date accessed: 5 June 2002 ).
for Nanotechnology in Roco & Bainbridge, 46 at 31. Guidelines, supra note 14.
49. 32. Reynolds, supra note 27.
9. LaV an & Langer, supra note 1 at 100. 33. Smith, supra note 2 at 265.
10. Cro w & Sarewitz, supra note 4 at 62. 34. S. Venneri, Implications of Nanotechnology for
11. J.L. Merz, Technological and Educational Space Exploration in Roco & Bainbridge, 213 at
Implications of Nanotechnology Infrastructures 213.
and Educational Needs in Roco & Bainbridge, 186 35. Ibid. at 217.
at 195. 36. S.I. Stupp, Nanotechnology in Medicine in Roco
12. Authors predicting a nano divide include Roco & & Bainbridge, 204 at 204.
Bainbridge, supra note 3 ; Yonas & Picra ux, supra 37. Joy, supra note 20 at 244.
note 8 at 52; and S mith, supra note 2 at 259. 38. Smith, supra note 2 at 269-70.
13. Smith, supra note 2 at 270. 39. Tenner, supra note 18 at 316.
14. Foresight Guidelines on Molecular 40. Smith, supra note 2 at 269.
Nanotec hnolo gy (2000 ), online: Foresight Institute 41. Crow & Sarewitz, supra note 4 at 60.
<http://www.foresight.org/guideline s/current.html> 42. Theis, supra note 23 at 81.
(date accessed: 5 June 2002) [hereinafter 43. Carroll, supra note 30.
Guidelines]. 44. Joy, supra note 20 at 258.

14 Health Law Review

45. Guidelines, supra note 14.
46. P. Chaud hari, Future Implicatio ns of N anoscale 48. To lles, ibid. at 233.
Science and Techno logy: Wired Hum ans, Quantum 49. Guidelines, supra note 14.
Legos, and an Ocean of Information in Roco & 50. Ethical Legal Social Implications of Human
Bainbridge, 93 at 97. Genetics Research, online: National Human Genome
47. See W eil, supra note 2 5 at 249; C arroll, supra note Rese arch Institute
30; R eynolds, supra note 27; W.M . Tolles, <http://www.genome.gov/page.cfm?pageID=100016
National Security A spects of Nanotechno logy in 18> (date accessed: 28 June 2 002).
Roco & Bainbridge, 21 8 at 233; G uideline s, supra
note 14.

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