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Caveat

234 episodes - English - Latest episode: about 22 hours ago - ★★★★★ - 83 ratings

Join us for thought provoking conversations on surveillance, digital privacy, and cybersecurity law and policy in the information age. Each week, hosts Dave Bittner and Ben Yelin break down the headlines, legal cases, and policy battles that matter most. 

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Episodes

Inside the DOJ’s antitrust complaint against Apple.

March 28, 2024 05:00 - 31 minutes

For this week's show, Ben and Dave light up the bat signal, and discuss the multifaceted story regarding the recently announced antitrust case the US Department of Justice has launched against Apple, sharing an overview and implications of the case. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney.  Please take a moment to fill out an audience su...

The creating of a new American surveillance state.

March 21, 2024 05:00 - 1 hour

Our guest this week is Byron Tau, an author who discusses his new book "MEANS OF CONTROL: How the Hidden Alliance of Tech and Government Is Creating a New American Surveillance State." Ben discusses Supreme Court oral arguments on a case relating to social media censorship. Dave's got the story of congress’ potential compromise on section 702. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the t...

China's harmonious counterplay to US hacking accusations.

March 14, 2024 05:00 - 54 minutes

Dakota Cary from SentinelLabs joins us this week to discuss "China’s Cyber Revenge | Why the PRC Fails to Back Its Claims of Western Espionage." Ben has the latest story on a TikTok bill making its way through Congress. Dave's got the EFF’s brief to the 9th circuit court on software copyright limits. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney...

A breakdown of the latest on the Maritime Executive Order.

March 07, 2024 06:00 - 49 minutes

Liz Martin from Dragos and Blake Benson from ABS Group are joining to talk through the latest Maritime Executive Order. Ben discusses an EU court decision on encryption. Dave's got the story of the FBI using mobile device push notifications to track down bad guys. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney.  Please take a moment to fill out...

Election defense 2024.

February 29, 2024 06:00 - 49 minutes

Scott Small, Director of Cyber Threat Intelligence at Tidal Cyber, joins to share a look at the cyber threats to the 2024 global elections. Ben and Dave both review Supreme Court oral arguments in two cases relating to state regulation of social media companies. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney.  Links to the stories: Justices skept...

Decoding democracy: AI's role in privacy and elections.

February 22, 2024 06:00 - 45 minutes

Jasson Casey, CEO of Beyond Identity, joins to discuss international regulation, AI and elections. Ben has the story of Air Canada’s chatbot giving a customer fake information about a refund policy. Dave's got the story of AMC proposing a settlement after allegations they violated a law that goes back to the video rental store days. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we c...

AI and privacy concerns.

February 15, 2024 06:00 - 46 minutes

Harvey Jang, Vice President, Deputy General Counsel, and Chief Privacy Officer from Cisco, is sharing privacy concerns around Generative AI, trust challenges facing businesses and the attractive returns from privacy investment. Ben has the story of the FCC banning AI robocalls. Dave's got the story of efforts from the US to lead the way in global AI policy. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice o...

Looking to other countries when regulating AI.

February 08, 2024 06:00 - 49 minutes

Josh Harguess, AI Security Chief at Cranium, joins to talk about how the US compares with other regions of the world looking to regulate AI. Ben has the story of the NSA purchasing domestic internet data. Dave's got the story of an interesting pivot from Texas and Florida on their upcoming content moderation case in the Supreme Court. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we...

Encore: Cybersecurity and SMEs.

February 01, 2024 06:00 - 49 minutes

This week, Ben speaks with Melanie Teplinsky, Senior Fellow at American University's Washington College of Law to discuss cybersecurity for innovative small and medium sized enterprises (SMEs). Ben and Dave both share thoughts and discuss what happened at the much anticipated Supreme Court oral arguments for Gonzalez v. Google, a major Section 230 case.  While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on a...

Guarding the ballot box.

January 25, 2024 06:00 - 55 minutes

Padraic O'Reilly from CyberSaint sits down to discuss privacy and mitigating election security cyber risk. Ben discusses an important case in administrative law that may have profound effects on the tech industry. Dave's got the story of an alleged wrongful arrest based on facial recognition technology. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your atto...

Two viewpoints on the National Cybersecurity Strategy. [Special Edition]

January 21, 2024 06:00 - 35 minutes

Earlier this month, the White House released the National Cybersecurity Strategy, the first issued since 2018. The strategy refocuses roles, responsibilities, and resource allocations in the digital ecosystem, with a five pillar approach. Those pillars are: defending critical infrastructure, disrupting threat actors, shaping market forces to drive security and resilience, investing in a resilient future, and forging international partnerships. We wanted to delve into the strategy and its inte...

Exploring the cosmic frontier: Unveiling the future of space law.

January 18, 2024 06:00 - 29 minutes

Bryce Kennedy, President of the Association of Commercial Space Professionals (ACSP), is sharing what is on horizon in space law. Bryce is also a space lawyer and a regular contributor to our T-Minus daily space podcast right here on the N2K podcast network. You can hear more from the T-Minus space daily show here. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contac...

Combatting the privacy pandemic.

January 11, 2024 06:00 - 45 minutes

Author Chris Smith is sharing his book, Privacy Pandemic: How Cybercriminals Determine Targets, Attack Identities, and Violate Privacy―and How Consumers, Companies, and Policymakers Can Fight Back. Dave's got word that the Federal Trade Commission is updating its Health Breach Notification Rule. Ben has the story of an upcoming court case relating to online video privacy. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For officia...

Swatting gets out of control.

January 04, 2024 06:00 - 54 minutes

Caleb Barlow from Cyberbit is talking with Dave Bittner and Ben Yelin about a swatting incident that got out of control after a Danvers police officer accidentally shot a gun on the floor of a private school. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney.  Links to stories: Video shows Danvers police officer accidentally firing gun in St. John...

Encore: The U.S. and China's cyber relationship.

December 28, 2023 06:00 - 47 minutes

Luke Tenery from StoneTurn joins Dave to discuss the OPM breach, including a look back at this hack, what the fallout has been, and what has changed in the U.S.- Chinese cyber relationship. Ben shares an appeals court case on free speech rights and social media. Dave has a story of online health tracking services oversharing with the popular social media app, Facebook.  While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official l...

Having your CISOs back.

December 21, 2023 06:00 - 42 minutes

Paul Kurtz from Splunk is sharing the CISO/board perspective on the SEC cyber regulations that just went into effect. Ben has the story of Google moving to end geofence warrants. Dave has got the story of the ongoing debate on whether or not to pay the ransom. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney.  Links to stories: Google moves to end...

Diversity driving success.

December 14, 2023 06:00 - 54 minutes

Larry Whiteside Jr. from RegScale and Cyversity is sharing ways increasing diversity can benefit boards, companies, and industries at large, as well as challenges with attracting and retaining cybersecurity talent. Ben has an update on the first geofence warrant case to make it to the Federal Court of Appeals. Dave's got a rundown of upcoming Supreme Court cases that may affect social media platforms. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constit...

North Korea's evolving cyber program.

December 07, 2023 06:00 - 46 minutes

Michael Barnhart from Mandiant sits down to talk about the evolution of North Korea's cyber program. Ben's story discusses a preliminary injunction against a Montana law banning TikTok. Dave's got the story of a college student frustrated with his lack of privacy on campus. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney.  Links to stories: Feder...

Critical challenges for critical infrastructure.

November 30, 2023 06:00 - 45 minutes

Nick Sanna of the FAIR Institute and Safe Security joins to discuss the challenges the White House faces in attempting to harmonize critical infrastructure regulations. Ben has the story of a warrantless phone records surveillance program that is tracking over a trillion U.S. phone records annually. Dave explains how reporters from Rolling Stone tracked visitors to Donald Trump’s Mar-a-lago. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal ...

Encore: Inside the largest data breaches in world history.

November 23, 2023 06:00 - 45 minutes

Andrew Hollister of LogRhythm joins Dave to discuss the Shanghai National Police data exposure incident, and how whether or not we will know the full details of one of the largest data breaches in world history. Ben's story discusses a groundbreaking Wisconsin court case relating to files stored in Dropbox, while Dave revisits the legality of AI generated code as a copyrights storm may be brewing. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute ...

Bolstering economic security.

November 16, 2023 06:00 - 48 minutes

This week, we are joined by Kathleen Hyde from Champlain College Online to discuss NCWES and its potential to scale up the cyber workforce and bolster economic security. Ben has an update on the reauthorization of Section 702 of the FISA Amendments Act. Dave's got the story of a Virginia game warden confiscating a trail camera without a warrant. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the...

Transforming the cyber risk environment.

November 09, 2023 06:00 - 43 minutes

Scott Stransky from the Marsh McLennan Cyber Risk Analytics Center joins to discuss recent developments in ransomware, cybersecurity investment, cyber risk analysis, and how artificial intelligence will transform the cyber risk environment, particularly in the insurance industry. Ben's story discusses the new antitrust lawsuit against Google. Dave's got the story of California putting limits on license plate data. While this show covers legal topics, and Ben is a lawyer, the views expressed d...

AI all around.

November 02, 2023 05:00 - 43 minutes

David Brumley, a cybersecurity professor at Carnegie Mellon and CEO of software security firm, ForAllSecure, sits down to talk about the AI Executive Order that was recently signed. Ben's story reviews the outlines of a new Executive Order on AI. Dave's got one organization's attempts to look at data provenance in AI. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please con...

Privacy landscapes for children.

October 26, 2023 05:00 - 47 minutes

Cobun Zweifel-Keegan from International Association of Privacy Professionals (IAPP) sits down to talk about the children’s privacy landscape in the US and beyond. Ben's story discusses whether AI giants may soon have to worry about defamation lawsuits. Dave's got the story on FCC’s renewed interest in net neutrality. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please cont...

Getting on track with DNS.

October 19, 2023 05:00 - 49 minutes

This week, we have Robert Carolina, General Counsel from Internet Systems Consortium joining Dave and Ben to discuss Quad9 DNS filter court case. Ben and Dave discuss an article from the International Red Cross looking at 8 rules for “civilian hackers” during war, and 4 obligations for states to restrain them. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact you...

Issues in cybersecurity policy.

October 12, 2023 05:00 - 51 minutes

This week, Dave and Ben both sit down with Caleb Barlow, founder and CEO of Cylete, to ponder some challenging global policy issues together. Ben has the story of Amazon Alexa devices spreading election misinformation, specifically on the 2020 election. Dave's story is on the legal pushback against warrantless searching of peoples electronic devices at the US border. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official lega...

Encore: The relationship between organizations and their data.

October 05, 2023 05:00 - 54 minutes

Stephen Cavey, co-founder and chief evangelist from GroundLabs sits down with Dave to discuss the relationship between organizations and their data. Ben has the story of lawyers being denied entry to Madison Square Garden as the result of facial recognition software. Dave's got the story of some law professors worried about the new app sweeping the nation, ChatGPT. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal ...

Challenges in the cyber industry.

September 28, 2023 05:00 - 47 minutes

Simone Petrella sits down to talk with Monica Shokrai from Google at the mWISE 2023 Cybersecurity Conference about challenges in the industry from the company perspective, and what Google does with its own actuarial team to calculate it's own risk. Ben has the story of a TikTok account that targets ordinary people using advanced facial recognition technology. Dave's got the story of some of the information being publicly shared in the Google antitrust case. While this show covers legal topics...

Make your mark CISOs.

September 21, 2023 05:00 - 45 minutes

This week, our guest is Karen Worstell from VMware to discuss how CISOs can make their mark with the new SEC rules. Ben's story discusses a Michigan case dealing with persistent unmanned aerial vehicle (drone) surveillance. Dave's got the story of a California judge blocking a law aimed at increasing the online safety for kids, by saying it violates the first amendment in the constitution. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal ad...

Europe leading the way on data privacy and data sharing.

September 14, 2023 05:00 - 46 minutes

Guest Rachael Ormiston of Osano discusses the US and EU's Data Privacy Framework with Ben. This week's stories include, Ben discussing an Appeals Court decision mostly reversing a District Court order that barred communication between federal officials and social media companies. Dave's got the story of policy makers putting the intelligence community on notice when it comes to warrantless wiretapping. While this show covers legal topics, and Ben is a lawyer, the views expressed do not consti...

Laws outpace compliance programs.

September 07, 2023 05:00 - 50 minutes

This week, our guests are Cinthia Motley and Sean Buckley from Dykema, who are discussing cybersecurity law and compliance with data collection. Ben has the story of a Federal Judge blocking an Arkansas law limiting minors’ access to social media. Dave's got the story of court-ordered blocking of websites at the Domain Name Service (DNS) level. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the ...

Compliance can't wait.

August 31, 2023 05:00 - 51 minutes

Igor Volovich from Qmulos sits down with Dave to discuss how compliance can’t wait for the government to find alignment on security and risk. Ben shares the story of a Federal Judge dismissing a lawsuit from the Republican National Committee against Google. Dave's got an opinion piece from the New York Times making the case that social media platforms should provide algorithmic choice. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice...

Where oh where in the world is that information?

August 24, 2023 05:00 - 44 minutes

George Tziahanas from Archive360 is talking about what happens when the information is no longer in boxes but could be anywhere in the world. Ben has the story of a raid on an independent journalist who leaked unaired clips from Fox News. Dave's got the story of a DC court ruling that AI generated content is not eligible for copyright protection. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of th...

ChatGPT: The ban chronicles.

August 17, 2023 05:00 - 48 minutes

Chris Denbigh-White from Next DLP sits down to reflect on with the EU banning ChatGPT and the U.S. looking to create rules around it, how will regulation likely land? This week, Ben discusses the police raid on a local Kansas newspaper, and its implications for digital privacy. Dave has got the story of the Supreme Court possibly taking on a social media moderation case and what that looks like. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute le...

Encore: Follow the money along the blockchain.

August 10, 2023 05:00 - 56 minutes

Guest Alex Iftimie of Morrison Foerster to discuss how the Department of Justice seized nearly $500,000 in ransomware payments made to a North Korean hacking group that targeted U.S. medical providers. Dave and Ben have some follow-up about GitHub Copilot from listeners Micah and Steve. In his story, Ben explores the potential legal and policy issues surrounding the new AI chatbot, ChatGPT. Dave has a case which questions the legality of livestreaming the police. While this show covers legal ...

Roll out the red carpet for cyber regulations.

August 03, 2023 05:00 - 48 minutes

Valerie Abend, Global Cyber Strategy Lead from Accenture sits down to discuss the Securities and Exchange Commission’s recently announced cyber regulations. Ben shares the story of an interesting case concerning internet preservation law. Dave takes a look at an article from Lawfare that ponders the cybersecurity insurance market. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cove...

A darkside to AI.

July 27, 2023 05:00 - 46 minutes

Ken Cox from Hostirian joins Dave to discuss the darkside of AI and how to safeguard your privacy. Ben has the story of a proposed law from Ted Cruz, regulating IoT devices, from an unlikely sponsor. Dave's got the story of a novel proposal to limit social media platforms to help control and diminish harmful content. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please cont...

The cost of identity.

July 20, 2023 05:00 - 41 minutes

Jeff Reich, Executive Director at the Identity Defined Security Alliance (IDSA), joins to discuss the cost of identity. Ben and Dave discuss some follow up regarding how an appeals court put a temporary hold on an unusual order restricting federal officials and the agencies they work for from communicating with social media companies about content on their platforms. Ben discusses a new legal challenge to Texas’ law banning TikTok on state-issued devices. Dave's got the story of tax preparati...

Laws, lawsuits, and privacy.

July 13, 2023 05:00 - 50 minutes

Dan Frechtling from Boltive sits down with Ben to discuss changes in health privacy, video privacy lawsuits, and children data laws. Ben's story looks at proposed legislation coming out of Massachusetts that could ban cell site location data. Dave's got the story of comedian and author Sarah Silverman suing OpenAI over copyright infringement. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the to...

To pay, or not to pay, that is the question.

July 06, 2023 05:00 - 51 minutes

Mark Lance from Guidepoint sits down to talk to Dave about ransomware policy, negotiations and payment impacts. This week, Ben looks at a surprising Federal District Court decision limiting Biden administration contacts with Big Tech companies. Dave's got the story of research questioning the veracity of AI detectors. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please con...

Encore: Opening up from Congress's point of view.

June 29, 2023 05:00 - 54 minutes

Former Texas Congressman Will Hurd shares his new book, AMERICAN REBOOT, Ben shares a story about a new transatlantic agreement on data privacy, and Dave's story is on the story allegations from the DOJ that Google is playing fast and loose with attorney client privilege. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney.  Links to stories: U.S. an...

The power of global networks.

June 22, 2023 05:00 - 52 minutes

Eric Wenger, Cisco's Senior Director, Technology Policy, Global Government Affairs, joins Dave to discuss the issue of global network resilience. Ben's story follows a Twitter thread that is looking at a new case involving cell phone searches at the border. Dave's got the story of the EU passing a draft law, intended to restrict and add transparency requirements to the use of artificial intelligence (AI) in the twenty-seven-member bloc. While this show covers legal topics, and Ben is a lawyer...

IT companies sweep in to aid Ukraine.

June 15, 2023 05:00 - 51 minutes

Dr. Bilyana Lilly sits down with Dave to discuss her co-authored paper for CyCon: "Business @ War: The IT Companies Helping to Defend Ukraine." This week, Ben's story follows the U.S. government declassifying a report on buying troves of data about United States citizens. Dave's story is on how and why deepfakes are entering into U.S. politics. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the ...

GDPR turns 5.

June 08, 2023 05:00 - 52 minutes

This week, our guest is Larry Whiteside Jr., CISO from RegScale, who sits down with Dave to discuss GDPR on the occasion of its 5th anniversary. Ben talks about an appeals court decision in a "zombie case" that could have major ramifications for cybersecurity firms. Dave's got the story of a Texas judge who is none-too-happy with ChatGPT in his courtroom, unless checked out by a human. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice...

What would it take to change a law?

June 01, 2023 05:00 - 59 minutes

Caleb Barlow of Cylete sits down to talk with Dave and Ben about what cyber laws should change, and what it would potentially take to change some of these laws. Ben's story is regarding a massive fine being levied against Meta, the owner of Facebook, Instagram, and WhatsApp, among other products and services, for violation of European Union privacy laws. Dave's got the story of New York taking a stand on AI when it comes to hiring. While this show covers legal topics, and Ben is a lawyer, the...

It's a generations thing.

May 25, 2023 05:00 - 58 minutes

This week, our guest is Mathieu Gorge from Vigitrust joins to discuss generational attitudes toward privacy and how they will influence business in the future. Ben's got the story of the FBI misusing Section 702 authority to surveil Americans. Dave's got a recap of congressional testimony about AI security. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your a...

A hand in crafting cybersecurity legislation.

May 18, 2023 05:00 - 57 minutes

This week our guest is Ben Yelin, and he and Dave both sit down to discuss some recent cybersecurity legislation that he had a hand in crafting. Ben talks about a case dealing with the timing of computer search warrants. Dave looks at copyright and Apple’s loss in court in an iOS case. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney.  Links to sto...

Being on top of your data consent.

May 11, 2023 05:00 - 58 minutes

Mark Ailsworth from Opaque Systems joins Dave to discuss how if enterprises are not already on top of their own data consent and privacy mechanisms, they’re one critical step behind their competitors. Ben has the story of litigants arguing in court that real videos are Deep Fakes. Dave looks to Ben for better understanding of what the heck is going on with the Supreme Court. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For offic...

Your approach to efficient security compliance.

May 04, 2023 05:00 - 43 minutes

This week our guest is, Nick Means from Sym, he sits down with Dave to discuss how to build a compliance program without tanking your engineering velocity. Ben has the story of a Pennsylvania case on whether people have a reasonable expectation of privacy in Google searches. Dave's story takes a look at the notion of a “Defensive Search” exception to the Fourth Amendment. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official...

Encore: The Supreme Court's supreme security breach.

April 27, 2023 05:00 - 44 minutes

Dov Lerner, Security Research Lead at Cybersixgill, discusses how things that would have been considered off-limits are now routine. He specifically get into new research showing several instances of personal information exposed of the five conservative U.S. Supreme Court Justices in the wake of Roe V. Wade being overturned. Ben talks through a proposed expansion of video surveillance in San Francisco. Dave's story is on an insurance company calling foul on a client’s lack of multi-factor aut...

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