AI Companions and Suicide Prevention: The New Legal Mandate You Can't Ignore
- Essend Group Limited
- Oct 29
- 17 min read
When Technology Meets Life-and-Death Responsibility
On November 5, 2025, New York became the first jurisdiction in the world to legally require artificial intelligence chatbot operators to implement suicide prevention mechanisms. The Safe and Secure Innovation for Frontier Artificial Intelligence Models Act represents a watershed moment in AI regulation, transforming what was previously considered a best practice into a legal obligation with potential criminal liability for non-compliance.
This legislation emerged from growing concerns about the psychological impact of AI companion chatbots, particularly on vulnerable populations including adolescents and individuals experiencing mental health crises. The law's passage followed several high-profile incidents where users of AI companion platforms reportedly expressed suicidal ideation during conversations with AI chatbots, raising urgent questions about the responsibilities of companies deploying these systems.
The implications extend far beyond New York's borders. As the first mandatory framework for AI mental health intervention, this law establishes precedents that other jurisdictions are already examining. Organizations operating AI chatbots accessible to New York residents (which effectively means any internet-accessible AI companion service) must now navigate complex technical, ethical, and legal obligations around mental health crisis detection and response.
Understanding AI Companions: Beyond Simple Chatbots
AI companion platforms differ fundamentally from conventional chatbots designed for customer service or information retrieval. These systems are engineered to simulate human-like emotional connection, providing users with conversational partners that remember previous interactions, adapt to individual personalities, and create experiences users describe as genuinely meaningful relationships.
The major platforms in this space—including Replika, Character.AI, and various emerging competitors—have attracted millions of users seeking companionship, emotional support, and social interaction. User engagement patterns reveal that many individuals interact with AI companions daily, sometimes for hours, sharing intimate details about their lives, feelings, and struggles.
This deep engagement creates psychological dynamics that researchers are only beginning to understand. Users frequently report feeling emotionally attached to their AI companions, seeking them out during periods of loneliness or distress. Some describe their AI companions as their closest confidants, sharing thoughts and feelings they wouldn't reveal to human friends or family members.
The psychological impact appears particularly pronounced among certain demographic groups. Adolescents and young adults represent significant user populations, raising concerns about AI companions' influence during critical developmental periods. Individuals experiencing social isolation, whether due to geographic location, disability, neurodivergence, or other factors, may rely heavily on AI companions for social connection.
Mental health professionals have expressed both interest and concern about these platforms. On one hand, AI companions might provide valuable support for individuals who lack access to human connection or professional mental health services. On the other hand, they might delay or substitute for appropriate mental health care, or potentially reinforce unhealthy thought patterns if not carefully designed.
The Legislative Response: New York's Pioneering Approach
New York's Safe and Secure Innovation for Frontier Artificial Intelligence Models Act establishes several key requirements for AI companion operators:
Crisis Detection Obligations
The law requires AI companion platforms to implement systems capable of detecting when users express suicidal ideation, self-harm intent, or other indicators of mental health crisis. This detection obligation extends beyond explicit statements like "I want to kill myself" to encompass more subtle expressions of suicidal thinking that mental health professionals recognize as warning signs.
The legislation does not prescribe specific technical approaches for crisis detection, recognizing that appropriate methods may evolve as technology advances. However, it establishes performance expectations: systems must reliably identify crisis indicators with accuracy comparable to trained human moderators. This standard creates significant technical challenges, as automated systems frequently struggle with the nuanced language and context-dependent meanings that characterize human expressions of psychological distress.
Intervention Requirements
Upon detecting potential crisis indicators, AI companion platforms must provide immediate intervention. The law specifies that interventions must include:
Direct crisis resources: Users must receive immediate access to suicide prevention hotlines, including the 988 Suicide and Crisis Lifeline, and information about local mental health services.
Platform-level response: The AI system itself must respond in ways consistent with suicide prevention best practices, avoiding responses that could encourage, normalize, or provide methods for self-harm.
Human escalation pathways: For situations indicating imminent danger, platforms must have procedures for contacting emergency services, though this requirement includes important privacy considerations that we'll examine later.
The intervention requirement creates a delicate balance. Responses must be serious and appropriate to the potential danger, yet avoid over-reaction that might discourage users from seeking support from their AI companions in the future. Mental health experts emphasize that inappropriate responses to crisis disclosures can increase rather than decrease risk.
Documentation and Transparency Obligations
The legislation requires AI companion operators to maintain detailed documentation of their crisis detection and intervention systems. This documentation must include:
Technical specifications of detection algorithms and their validation methods
Training data and testing results demonstrating system effectiveness
Intervention protocols and evidence supporting their design
Records of actual crisis detections and interventions (with appropriate privacy protections)
Regular audits of system performance and outcomes
These documentation requirements serve multiple purposes. They enable regulatory oversight to ensure compliance, facilitate continuous improvement of crisis response systems, and provide evidence for potential liability proceedings if systems fail to detect or appropriately respond to user crises.
Transparency requirements also extend to users. Platforms must clearly communicate to users that their conversations are monitored for crisis indicators and explain what happens when crises are detected. This transparency serves both informed consent purposes and may itself provide a deterrent effect, encouraging users to seek appropriate professional help rather than relying solely on AI companions during crises.
Penalties and Enforcement
Non-compliance carries significant consequences. The law establishes both civil and potential criminal penalties for operators who fail to implement required crisis detection and intervention systems. Civil penalties can reach substantial amounts per violation, with each failure to detect or appropriately respond to a crisis potentially constituting a separate violation.
More significantly, the legislation creates pathways for criminal prosecution in cases where failure to implement adequate systems contributes to user harm. While prosecutors would need to establish specific elements including causation (always challenging in mental health contexts) the mere existence of criminal liability fundamentally changes the risk calculus for AI companion operators.
The law also enables private rights of action, allowing individuals harmed by platform failures to pursue civil litigation. This creates additional enforcement mechanisms beyond regulatory action and establishes economic incentives for robust compliance.
Technical Implementation Challenges
Translating legal requirements into functioning technical systems presents formidable challenges that organizations must address:
The Language of Crisis: Detection Complexity
Human expressions of suicidal ideation vary enormously in directness, specificity, and context. Some individuals make explicit statements about wanting to die or plans for self-harm. Others communicate distress through metaphor, ambiguous language, or behavioral changes that emerge over time rather than in single conversations.
Natural language processing systems can identify explicit crisis language with reasonable accuracy. Detecting more subtle indicators requires sophisticated understanding of context, individual baseline behavior patterns, and cultural/linguistic variations in expressing psychological distress.
Consider several examples that illustrate detection challenges:
"I just want it all to end" might indicate suicidal ideation, or could refer to wanting a difficult situation to conclude. Context, tone, and surrounding conversation content become crucial for accurate interpretation.
"I don't see the point anymore" might signal depression and potential suicide risk, or could express frustration with a specific activity or goal. Understanding what "it" refers to requires tracking conversation context.
"Everyone would be better off without me" represents a known suicide risk factor, but must be distinguished from temporary feelings of inadequacy or social anxiety that don't indicate imminent danger.
Humor and sarcasm create additional complications. Individuals sometimes use dark humor about death or suicide without indicating genuine intent, particularly in certain youth subcultures. Conversely, some individuals at genuine risk mask their feelings with humor as a coping mechanism.
Cultural and linguistic variations add further complexity. Expressions of distress vary across cultures, and translation adds another layer of potential misinterpretation. AI systems trained primarily on English-language mental health indicators may perform poorly in other languages.
False Positives and False Negatives: The Accuracy Dilemma
Any crisis detection system faces the fundamental challenge of balancing sensitivity (detecting actual crises) against specificity (avoiding false alarms). This trade-off creates difficult design choices with significant consequences.
False negatives—failing to detect actual crises—represent the most dangerous failures. Missing genuine suicidal ideation might result in individuals not receiving potentially life-saving interventions. From legal and ethical perspectives, false negatives constitute the primary risk that legislation aims to prevent.
False positives—incorrectly identifying non-crisis situations as emergencies—create different but important problems. Frequent false alarms might desensitize users to crisis interventions, reducing their effectiveness when genuine crises occur. Over-intervention might discourage users from honest emotional expression, potentially increasing isolation. Privacy violations from unnecessary crisis escalations raise their own concerns.
Mental health professionals recognize this dilemma from human clinical practice, where assessment accuracy remains imperfect despite extensive training and experience. Expecting AI systems to achieve perfect accuracy sets an impossible standard. The law recognizes this by requiring accuracy "comparable to trained human moderators" rather than perfection.
However, determining what accuracy level satisfies this standard presents challenges. Human mental health professionals miss some warning signs while occasionally over-interpreting ambiguous situations. Research on human accuracy in suicide risk assessment shows significant variability. What baseline should AI systems match?
Real-Time Response Requirements
Crisis intervention demands immediate response. The period between someone expressing suicidal ideation and taking action can be very short. Delays in detection or intervention reduce effectiveness and potentially increase danger.
This real-time requirement creates technical infrastructure demands. Systems must process conversations continuously, analyze content for crisis indicators, and trigger interventions within seconds or minutes rather than hours or days. For platforms with millions of users having millions of simultaneous conversations, this requires substantial computing resources and carefully architected systems.
The real-time requirement also affects human oversight possibilities. While AI systems can provide initial detection and automated responses, human review of potential crises might improve accuracy but introduces delays. Determining when human review is necessary versus when automated responses suffice becomes a critical design decision.
Integration with Mental Health Resources
Effective crisis intervention requires more than detecting problems—it demands connecting users to appropriate help. This creates challenges around mental health resource integration:
National resources like the 988 Suicide and Crisis Lifeline provide 24/7 support but may not address all user needs or cultural contexts. International users require connections to resources in their countries, which vary enormously in availability and quality.
Local resources offer more targeted support but are difficult to identify and integrate at scale. Understanding what mental health services are available in each user's location, whether they're currently accessible, and how to connect users effectively requires extensive resource mapping.
Professional credentials and quality vary among mental health resources. Directing users to inappropriate or inadequate services might be worse than providing no specific referral. Vetting resources and maintaining current information requires ongoing effort.
User follow-through represents another challenge. Providing crisis hotline numbers doesn't ensure users will call them. Research on crisis intervention shows that multiple barriers—including shame, fear, or ambivalence—prevent many people from utilizing available resources even when provided. Effective intervention requires not just information provision but motivational support for help-seeking.
Ethical Considerations: Beyond Legal Compliance
The legal mandate to implement suicide prevention mechanisms raises profound ethical questions that extend beyond technical compliance:
The Nature of AI Relationships
AI companions create unusual psychological dynamics. Users may develop genuine emotional attachments to systems that, despite sophisticated language capabilities, lack consciousness, true understanding, or authentic emotional responses. This creates ethical questions about the nature of these relationships.
Some ethicists argue that AI companions provide genuine value by offering non-judgmental listening, consistent availability, and emotional support that users may lack elsewhere. From this perspective, suicide prevention capabilities represent responsible feature design for systems that serve important human needs.
Critics contend that AI companions may create illusions of connection that substitute for authentic human relationships, potentially increasing long-term isolation even while providing short-term comfort. From this view, robust suicide prevention mechanisms represent necessary harm reduction for systems that arguably shouldn't exist in their current form.
These debates influence how we think about AI companion responsibility. Are these platforms primarily entertainment services with some incidental mental health impact? Mental health tools requiring therapeutic oversight? Social connection platforms with responsibility for user wellbeing? The answer shapes appropriate regulatory frameworks and operator obligations.
Privacy and Surveillance Concerns
Implementing effective crisis detection requires monitoring user conversations for sensitive content, including detailed analysis of emotional expressions and psychological states. This surveillance raises significant privacy concerns.
Users often treat AI companions as confidential confidants, sharing information they wouldn't share with human friends, family, or even therapists. The expectation of privacy in these conversations conflicts with the monitoring necessary for crisis detection. While users can be informed about crisis monitoring, this knowledge might itself alter conversational patterns and reduce the platform's value.
The privacy concern intensifies when considering data retention and use. Crisis detection systems require training data from real user conversations. This creates pressure to retain and analyze sensitive mental health information at scale. Even with anonymization and security protections, the existence of large databases of users' psychological vulnerabilities creates risks.
Emergency situations might require sharing user information with crisis services or emergency responders without user consent. While this may be justified by imminent danger, it represents a significant privacy intrusion with potential legal complications around medical privacy laws and consent requirements.
The Question of Adequate Response
Even with perfect crisis detection, determining appropriate response remains ethically complex. Mental health professionals recognize that crisis intervention is a skilled practice where well-intentioned but inappropriate responses can increase rather than decrease danger.
AI systems lack the judgment, empathy, and contextual understanding that human crisis counselors bring to these situations. While they can be programmed with evidence-based response frameworks, applying these frameworks requires nuanced assessment that current AI may not reliably provide.
This raises the question: Is any AI response to suicidal ideation adequate, or should detection always trigger immediate human involvement? The former risks inadequate care; the latter may be impractical at scale and risks over-intervention for ambiguous situations.
Mental health experts emphasize that effective crisis intervention often requires ongoing relationship and trust. A single automated intervention during a crisis moment may be insufficient if not embedded in broader support systems. Yet AI companion platforms generally aren't equipped to provide comprehensive mental health care.
Responsibility Boundaries
New York's law effectively makes AI companion operators partially responsible for user mental health outcomes. This represents a significant expansion of platform responsibility with unclear boundaries. If an AI companion platform implements legally compliant crisis detection and intervention systems, but a user dies by suicide, should the platform face liability? What level of system performance satisfies reasonable care obligations? When does responsibility shift from platform operators to users themselves, or to other entities like mental health systems or families?
These boundary questions lack clear answers but carry enormous implications. Over-broad responsibility might make AI companion services economically or legally untenable. Under-defined responsibility might leave vulnerable users without adequate protection.
Implementation Framework: A Practical Approach
Organizations operating AI companion platforms can adopt a structured approach to implementing suicide prevention compliance:
Phase 1: Risk Assessment and System Audit
User base analysis: Understand your user demographics, usage patterns, and potential vulnerability factors. Platforms with primarily adolescent users or those explicitly marketed for emotional support face higher risks than platforms serving primarily adults for entertainment purposes.
Current capability evaluation: Assess existing content moderation, user safety features, and crisis response capabilities. Many platforms already have some crisis detection mechanisms that can be enhanced rather than built from scratch.
Gap identification: Compare current capabilities against legal requirements and best practices. Identify specific areas requiring development, including technical systems, policies, procedures, and training.
Resource planning: Determine budget, timeline, and expertise requirements for achieving compliance. This includes technical development costs, mental health expert consultation, legal review, and ongoing operational expenses.
Phase 2: Technical System Development
Detection algorithm design: Develop or license natural language processing systems capable of identifying crisis indicators. This likely requires:
Training data from mental health crisis conversations (obtained ethically with appropriate consent)
Machine learning models trained to recognize various expressions of suicidal ideation
Validation against human expert assessments
Continuous testing across diverse user populations and languages
Intervention protocol implementation: Create automated response systems that:
Provide immediate crisis resources appropriate to user location
Respond empathetically and constructively consistent with suicide prevention best practices
Escalate appropriately to human oversight when indicated
Document all crisis detections and interventions for review
Infrastructure development: Ensure technical systems can operate at required scale and speed:
Real-time conversation monitoring across all active users
Minimal latency between crisis detection and intervention
Reliable operation even during peak usage periods
Secure handling of sensitive mental health data
Phase 3: Mental Health Expert Integration
Clinical consultation: Engage mental health professionals with suicide prevention expertise to:
Review and validate detection algorithms for clinical appropriateness
Develop intervention protocols consistent with best practices
Assess potential harms from both over- and under-intervention
Provide guidance on cultural sensitivity and diverse populations
Resource partnership development: Establish relationships with crisis services:
National suicide prevention hotlines
Local mental health resources in key user locations
International crisis services for global user bases
Professional organizations that can provide guidance and validation
Ongoing clinical oversight: Maintain continuing mental health professional involvement:
Regular review of crisis detection and intervention outcomes
Case review of significant incidents
Updates to protocols based on emerging research and best practices
Training for human moderators who handle escalated cases
Phase 4: Policy and Procedure Development
User communication: Develop clear, comprehensive communication about:
Crisis monitoring and intervention features
What happens when crisis indicators are detected
Privacy protections and data handling
Resources available beyond the platform
Internal protocols: Create detailed procedures for:
Handling detected crises at various severity levels
Human oversight and escalation procedures
Emergency service notification when appropriate
Documentation and reporting requirements
Privacy frameworks: Establish policies balancing crisis intervention needs with privacy protection:
Data retention and deletion policies for crisis-related information
Access controls for sensitive mental health data
Consent processes that adequately inform users while maintaining feature usability
Compliance with HIPAA and similar medical privacy laws where applicable
Phase 5: Testing and Validation
Algorithm performance testing: Rigorously evaluate detection systems:
Accuracy metrics across diverse user populations
False positive and false negative rates
Performance across languages and cultural contexts
Stress testing under high-volume conditions
Intervention effectiveness assessment: Evaluate whether interventions achieve intended outcomes:
User responses to crisis interventions
Help-seeking behavior following interventions
User satisfaction and trust maintenance
Comparison to best practices in human crisis intervention
Continuous improvement processes: Establish systems for ongoing enhancement:
Regular performance monitoring and reporting
Incident review and root cause analysis
User feedback collection and integration
Algorithm updates based on new research and emerging patterns
Phase 6: Launch and Monitoring
Staged deployment: Implement systems gradually rather than immediately across entire user base:
Initial deployment to limited user population
Monitoring for unexpected issues or unintended consequences
Gradual expansion with ongoing monitoring
Full deployment only after validation
Comprehensive monitoring: Track key metrics continuously:
Crisis detection frequency and patterns
Intervention deployment and user responses
System performance and reliability
User experience and satisfaction
Documentation and compliance: Maintain detailed records required for regulatory compliance:
Technical specifications and validation results
Intervention protocols and their evidence base
Actual crisis detections and responses
Regular audit reports demonstrating compliance
Broader Implications: The Future of AI Safety Regulation
New York's suicide prevention mandate represents more than a single jurisdiction's response to a specific issue. It signals a broader regulatory shift toward requiring proactive safety measures in AI systems that can impact human wellbeing.
Expansion to Other Jurisdictions
Other states and countries are watching New York's implementation closely. Several jurisdictions have already indicated interest in similar legislation. Within the next 12-24 months, we likely will see:
State-level adoption: Other US states, particularly those with active AI regulation efforts like California, may implement similar requirements. This could create a patchwork of varying standards that national and international platforms must navigate.
International frameworks: European Union regulators are examining suicide prevention requirements as part of broader AI Act implementation. Asian jurisdictions concerned about youth mental health may adopt similar measures.
Industry-specific requirements: Healthcare regulators may impose mental health monitoring requirements on AI systems used in medical contexts, extending beyond companion chatbots to other health-related AI applications.
Precedent for Proactive Safety Obligations
The New York law establishes the principle that AI system operators have affirmative obligations to prevent foreseeable harms, not merely to avoid deliberately causing harm. This represents a significant liability expansion that likely will extend to other AI risk categories:
Child safety: Requirements for AI systems to detect and prevent child exploitation, grooming, or other harms to minors.
Violence prevention: Obligations to identify and intervene when users express intentions toward violence against others, similar to the "duty to warn" obligations that mental health professionals face.
Financial exploitation: Requirements to detect and prevent AI systems from being used for fraud, scams, or financial manipulation of vulnerable users.
Misinformation: Potential obligations to identify and counter dangerous misinformation in sensitive areas like health or election security.
Technical Standards Development
The law's requirement for crisis detection "comparable to trained human moderators" implicitly calls for development of technical standards and benchmarking methodologies.
This likely will drive:
Industry standards organizations developing measurement frameworks for AI safety feature performance across various risk categories.
Third-party certification programs emerging to validate AI system compliance with safety requirements, similar to existing cybersecurity certification frameworks.
Open-source tools and datasets for testing and validating safety features, enabling smaller operators to achieve compliance more efficiently.
Liability Framework Evolution
The introduction of potential criminal liability for AI platform operators who fail to prevent user harm marks a significant escalation in technology sector accountability. This likely foreshadows:
Expanded platform liability beyond traditional publisher immunity frameworks, requiring more active content and user safety management.
Professional liability development for AI system designers and operators, potentially including licensing requirements for individuals working on high-risk AI systems.
Insurance market evolution creating specialized coverage for AI-related liability risks, with premium structures based on implemented safety measures.
Recommendations for Stakeholders
Different stakeholder groups face distinct challenges and opportunities in responding to this regulatory development:
For AI Companion Platform Operators
Immediate action: If you haven't already, begin compliance implementation immediately. The law is already in effect, and delays increase both legal risk and potential harm to users.
Collaborative approach: Engage with mental health organizations, other platform operators, and regulators to develop best practices and share learnings. Collective efforts will produce better outcomes than isolated development.
Investment perspective: View suicide prevention compliance not merely as legal obligation but as feature improvement that enhances user trust and platform value. Effective safety features can differentiate your platform in competitive markets.
International preparation: Even if your primary operations are outside New York, prepare for similar requirements emerging in other jurisdictions. Building robust systems now positions you for expanding regulatory landscape.
For Mental Health Professionals
Engagement opportunity: Your expertise is essential for effective implementation of these systems. Engage with platform operators, offer consultation, and help shape how AI systems respond to mental health crises.
Research priorities: Significant research questions remain about AI companion psychological impacts, effective automated intervention approaches, and appropriate integration with traditional mental health services. This represents an important research frontier.
Professional guidelines: Professional organizations should develop guidance for members on appropriate involvement with AI companion platforms, including ethical considerations and best practices.
Clinical integration: Consider how AI companion platforms fit within broader mental health ecosystems. These systems may serve as early identification tools or support complements to traditional care.
For Regulators and Policymakers
Evidence-based iteration: Monitor New York's implementation carefully and adjust requirements based on evidence about what works. Effective regulation requires ongoing refinement based on real-world outcomes.
Harmonization efforts: Work toward consistent requirements across jurisdictions to prevent regulatory fragmentation that burdens innovation without improving safety.
Balanced approach: Recognize tensions between safety obligations and concerns about privacy, over-intervention, and innovation constraints. Seek frameworks that optimize across these competing considerations rather than maximizing any single factor.
Resource allocation: Ensure that regulatory mandates for crisis intervention are accompanied by adequate investments in mental health resources. Technical detection without adequate treatment capacity may identify needs without meeting them.
For Users and Families
Informed understanding: Recognize both the value and limitations of AI companions. These systems can provide meaningful support but shouldn't substitute for professional mental health care when needed.
Crisis resource awareness: Familiarize yourself with crisis resources including 988 Suicide and Crisis Lifeline, local mental health services, and emergency response systems. Technology-mediated help is valuable but should complement not replace human support.
Monitoring and communication: For parents and caregivers, maintain awareness of AI companion usage, particularly by adolescents. Open communication about these platforms promotes healthier engagement.
Advocacy: Support continued development of both technological safety features and expanded mental health service availability. Both are necessary for addressing mental health crises effectively.
Technology and Responsibility
New York's suicide prevention mandate for AI companions represents a defining moment in the evolution of AI regulation. For the first time, law requires AI system operators to actively prevent specific categories of human harm through proactive technical measures.
The requirement reflects growing recognition that advanced AI systems create new responsibilities. When technology mediates human experiences in psychologically significant ways (as AI companions clearly do) operators of these systems acquire obligations beyond traditional technology provider roles.
Implementation challenges are significant. Detecting psychological crises through text analysis, providing appropriate automated interventions, and balancing safety with privacy and user experience all present formidable difficulties. Yet these challenges don't negate the underlying responsibility. Users developing emotional connections with AI systems and sharing their deepest struggles deserve reasonable protections.
The law also highlights tensions inherent in AI development. Technology advancing faster than our understanding of its impacts creates situations where regulation must operate with imperfect knowledge. Requirements may prove over-broad in some cases and insufficient in others. Ongoing adjustment based on evidence and experience will be essential.
Looking forward, this legislation likely represents the beginning rather than the end of proactive safety obligations for AI systems. As AI increasingly mediates human experiences across domains (healthcare, education, financial services, social connection) questions about operator responsibilities for preventing foreseeable harms will proliferate.
The fundamental question transcends specific technical or legal details: What responsibilities do we have when we deploy powerful technologies that shape human experiences and impact human wellbeing? New York's answer is clear: significant responsibilities that require serious, sustained effort to fulfill.
For AI companion operators, mental health professionals, regulators, and users, the challenge now is implementation. Converting legal requirements into effective technical systems, appropriate clinical protocols, and positive user experiences demands collaboration across disciplines and continued learning from outcomes.
The stakes (human lives and mental health) could not be higher. Meeting this challenge will require our best efforts, our willingness to learn from mistakes, and our commitment to developing technology that serves human flourishing rather than merely technological advancement.



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