9A.44.115(3)(b): Voyeurism in the second degree is a gross misdemeanor punishable by 90 days to 1 year in jail and fines not exceeding $5000. The Washington State Supreme Court released an opinion . 940 P.2d 679 (Wash. App. If I have external recorded surveillance cameras monitoring my home. the press formed the Bench-Bar-Press Committee, which seeks to foster better relationships between the bench and the press. The online version of the WAC is updated twice a month. Therefore, the legislature finds that conversations regarding illegal drug operations should be intercepted, transmitted, and recorded in certain circumstances without prior judicial approval in order to protect the life and safety of law enforcement personnel and to enhance prosecution of drug offenses, and that that interception and transmission can be done without violating the constitutional guarantees of privacy. Dealers of unlawful drugs are employing a wide variety of violent methods to realize the enormous profits of the drug trade. Washington law requires the consent of all parties to legally record in-person or telephone conversations. (b) A law enforcement agency that authorizes the installation of a pen register, trap and trace device, or cell site simulator device under this subsection (6) shall file a monthly report with the administrator for the courts. Save my name, email, and website in this browser for the next time I comment. As of 2020, Illinois, Kansas, Louisiana, Minnesota, Missouri, New Mexico, Oklahoma, Texas, and . There was a victory today for victims who record evidence of a crime in progress. The legislature finds that the unlawful manufacturing, selling, and distributing of controlled substances is becoming increasingly prevalent and violent. No sound or video recording made under this subsection (1)(c) may be duplicated and made available to the public by a law enforcement agency subject to this section until final disposition of any criminal or civil litigation which arises from the event or events which were recorded. For example, pointing your security camera at your neighbors backyard is illegal because that is a place in which he or she is entitled to privacy. [, Local government reimbursement claims: RCW, Video and/or sound recordings obtained by police personnel under the authority of RCW, It shall not be unlawful for the owner or person entitled to use and possession of a building, as defined in RCW, (1) Within thirty days after the expiration of an authorization or an extension or renewal thereof issued pursuant to RCW. part-time basis" can establish the consent of the party recorded even Stat. How can I find out? Alabama - Video surveillance in a "private place" is prohibited. (1) The attorney general shall have concurrent authority and power with the prosecuting attorneys to investigate violations of RCW, (a) The person who was the nonconsenting party to the intercepted, transmitted, or recorded conversation or communication; or. (a) An authorization, extension or renewal was applied for; (b) The kind of authorization applied for; (c) The authorization was granted as applied for, was modified, or was denied; (d) The period of recording authorized by the authorization and the number and duration of any extensions or renewals of the authorization; (e) The offense specified in the authorization or extension or renewal of authorization; (f) The identity of the person authorizing the application and of the investigative or law enforcement officer and agency for whom it was made; (g) Whether an arrest resulted from the communication which was the subject of the authorization; and. Some common situations where it would be considered eavesdropping to use a recording device: It is considered a crime of voyeurism in the first degree, for sexual gratification purposes, to knowingly view, photograph or film: It is considered a crime of voyeurism in the second degree to intentionally photograph or film another persons intimate areas with the intention of distributing or disseminating the photograph or film, without that persons knowledge and consent, and under circumstances where the person has a reasonable expectation of privacy, whether in a public or private place. Access from your area has been temporarily limited for security reasons. Do you need some kind of permit to set up a surveillance camera outside of your home? Can a neighbor point a security camera at my house in Washington State? Arguably so are most cell-phone-video recordings if the sound is turned off. The department's policies and procedures implemented under this section shall also recognize the privileged nature of confessions made by an offender to a member of the clergy or a priest in his or her professional character, in the course of discipline enjoined by the church to which he or she belongs as provided in RCW. The applicant must certify that the information likely to be obtained is relevant to an ongoing criminal investigation being conducted by that agency. Electronic monitoring equipmentAudio monitoring and video monitoring. (1) If a police commander or officer above the rank of first line supervisor has reasonable suspicion that the safety of the consenting party is in danger, law enforcement personnel may, for the sole purpose of protecting the safety of the consenting party, intercept, transmit, or record a private conversation or communication concerning: (a) The unlawful manufacture, delivery, sale, or possession with intent to manufacture, deliver, or sell, controlled substances as defined in chapter, (b) Person(s) engaging in the commercial sexual abuse of a minor under RCW. (adsbygoogle = window.adsbygoogle || []).push({}); You could stand in the middle of the street and film your neighbors house and the only thing that you would have to worry about is getting hit by a car. The reports made under this subsection must include information on authorizations for the installation and use of pen registers and trap and trace devices under RCW. Code 9.73.060. The period of extension shall be for a period not to exceed sixty days. Where can I find a good wireless outdoor surveillance camera? For general information concerning the use of recording devices see the Recording Phone Calls, Conversations, Meetings and Hearings section of this guide. As of March 2022, there are 11 states with two-party consent laws in place. Ct. Sept. 11, 1995), reporters for During the period that each judge or magistrate is designated, he or she shall be equipped with an electronic paging device when not present at his or her usual telephone. The language of this consent provision suggests that it probably does State v. Clark, 916 P.2d 384, 393 (Wash. 1996). (5) This section does not apply to the recording of custodial interrogations pursuant to RCW, (1) An ex parte order for the interception of any communication or conversation listed in RCW, (a) There are reasonable grounds to believe that national security is endangered, that a human life is in danger, that arson is about to be committed, or that a riot is about to be committed, and, (b) There are reasonable grounds to believe that evidence will be obtained essential to the protection of national security, the preservation of human life, or the prevention of arson or a riot, and. However, when it comes to video recordings Maryland takes a very different position. For information on your right of access to court proceedings, please consult the Access to Government Information section of the guide. The new state law in Washington goes into effect in January and requires local police officers to have a video and audio recording of any "interrogation" that involves either a felony or a juvenile. Sophia Lesseos. The Committee publishes an annual report that may be of interest. Regulations on recording meetings differs state to state. (2) The assisted living facility may video monitor . In general its always good practice to post that audio and video recording is in progress. Wash. Rev. In the New York Supreme Court case of Michael Krauss v. Globe International, Inc., No. (c) All conversations that are recorded under this section, unless being used in the ongoing investigation or prosecution of a crime, or as is necessary to assure the orderly operation of the correctional facility, shall be destroyed one year after the intercepting and recording. (c) "Electronic communication service" means any service that provides to users thereof the ability to send or receive wire or electronic communications. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Click to share on Facebook (Opens in new window), Click to share on Reddit (Opens in new window), Click to share on Twitter (Opens in new window), Click to share on WhatsApp (Opens in new window), United States Recording Laws (All States), Australian Capital Territory Recording Laws, Statute of Limitations by State in the United States, Are Autopsies Public Records? Washington's wiretapping law is a "two-party consent" law. 9.73.030 (West 2012). Like legislation and the Constitution, regulations are a source of primary law in Washington State. I think my boyfriend has a home made video surveillance setup in our bedroom and bathroom. This is well within their rights, the only legal loophole leg you would have to stand on is if the resident was also capturing audio which has slightly different protections than that of a regular surveillance video. This has been tested and held up many timesfor example, every time anyone sues paparazzi.BTW, they lose. It is obviously very important to understand how federal and Washington state laws treat . State v. Townsend, 57 P.3d 255, 259 Smartphones, cameras, and other recording devices regularly find their way into public schools. geez ur the, I would like to buy online, so if you know of any sites, please let me know. The presiding judge of each such superior court in conjunction with the district court judges in that superior court judicial district shall establish a coordinated schedule of rotation for all of the superior and district court judges and magistrates in the superior court judicial district for purposes of ensuring the availability of at least one judge or magistrate at all times. having his or her communication recorded when he or she conveys a To learn more, contact Surveillance Secure. (4) If the court finds that the information likely to be obtained by such installation and use is relevant to an ongoing criminal investigation and finds that there is probable cause to believe that the pen register, trap and trace device, or cell site simulator device will lead to obtaining evidence of a crime, contraband, fruits of crime, things criminally possessed, weapons, or other things by means of which a crime has been committed or reasonably appears about to be committed, or will lead to learning the location of a person who is unlawfully restrained or reasonably believed to be a witness in a criminal investigation or for whose arrest there is probable cause, the court shall enter an ex parte order authorizing the installation and use of a pen register, trap and trace device, or cell site simulator device. messages would be recorded on the computer of the person to whom the Required fields are marked *. Ninth Circuit appellate proceedings, cameras and recording devices are Regarding video surveillance, the guidance is straightforward, simply avoid audio. 968.31 (c) &885.365 (1)) states that a party in the conversation may record it, or when permission has been given by one party. Failure to do so might have significant legal ramifications. No sound recording device may be intentionally turned off by the law enforcement officer during the recording of an event. You will then receive an email that helps you regain access. damages by an injured party. An order issued under this section shall authorize the installation and use of a: (i) Pen register or a trap and trace device for a period not to exceed sixty days; and (ii) a cell site simulator device for sixty days. In general, it is legal to record on security cameras in Washington state. Laws governing video recording and audio recording in Washington are just about the same as you'll find in most places. In this state, it is . It shall be the designated judge's or magistrate's responsibility to ensure that all attempts to reach him or her for purposes of requesting authorization pursuant to this chapter are forwarded to the electronic page number when the judge or magistrate leaves the place where he or she would normally receive such calls. Another person while he or she is in a place where there is a reasonable expectation of privacy without the consent and knowledge of that person. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. part-time, or contractual basis. Ohio Rev Code 2933.52 (definition & penalty), 2933.52 (civil damages) Oklahoma. If so, how man, how far apart, how big etc? When it comes to surveillance at work, you may be surprised at what your employer can legally do. Get in touch with a Commercial Security Camera System specialist today! All corners are covered and as a casualty of war, my neighbors houses are in the shot a little but are not the main focal point. Surveillance at Work. A cell site simulator device does not include any device used or installed by an electric utility, as defined in RCW, (2) No person may install or use a pen register, trap and trace device, or cell site simulator device without a prior court order issued under this section except as provided under subsection (6) of this section or RCW. As such, video surveillance cameras that do not have an audio component or are muted by the operator are most likely within the bounds of privacy law. Is it considered invasion of privacy when the local library has surveillance cameras on you house. These laws pertain to video surveillance methods that do not record audio. (4) An employee of any regularly published newspaper, magazine, wire service, radio station, or television station acting in the course of bona fide news gathering duties on a full-time or contractual or part-time basis, shall be deemed to have consent to record and divulge communications or conversations otherwise prohibited by this chapter if the consent is expressly given or if the recording or transmitting device is readily apparent or obvious to the speakers. Yes, even though Washington is considered a Two-Party consent state they have a where the ability of a third party to overhear a conversation disqualifies it from being provided. However, if a homeowner isnt cautious, using a security camera and the film captured by it could result in a run-in with the law. The notice shall indicate the date, time, and place of any interception, transmission, or recording made pursuant to the authorization. Each state has its own video surveillance laws. These states are: California; Delaware . I recommend this highly rated system available, I live about 200ft from the local public library, in front of it. A person so injured shall be entitled to actual damages, including mental pain and suffering endured by him or her on account of violation of the provisions of this chapter, or liquidated damages computed at the rate of one hundred dollars a day for each day of violation, not to exceed one thousand dollars, and a reasonable attorney's fee and other costs of litigation. ANALYSIS. Follow us on Twitter. (iii) Any communication from a tracking device, but solely to the extent the tracking device is owned by the applicable law enforcement agency. (ii) In the case of a cell site simulator device, the identity, if known, of (A) the person to whom is subscribed or in whose name is subscribed the electronic communications service utilized by the device to which the cell site simulator device is to be used and (B) the person who possesses the device to which the cell site simulator device is to be used; (b) The identity, if known, of the person who is the subject of the criminal investigation; (c)(i) In the case of a pen register or trap and trace device, the number and, if known, physical location of the telephone line to which the pen register or trap and trace device is to be attached and, in the case of a trap and trace device, the geographic limits of the trap and trace order; or, (ii) In the case of a cell site simulator device: (A) The telephone number or other unique subscriber account number identifying the wire or electronic communications service account used by the device to which the cell site simulator device is to be attached or used; (B) if known, the physical location of the device to which the cell site simulator device is to be attached or used; (C) the type of device, and the communications protocols being used by the device, to which the cell site simulator device is to be attached or used; (D) the geographic area that will be covered by the cell site simulator device; (E) all categories of metadata, data, or information to be collected by the cell site simulator device from the targeted device including, but not limited to, call records and geolocation information; (F) whether or not the cell site simulator device will incidentally collect metadata, data, or information from any parties or devices not specified in the court order, and if so, what categories of information or metadata will be collected; and (G) any disruptions to access or use of a communications or internet access network that may be created by use of the device; and. While most newer security cameras record both audio and video, it is generally legal to film . In these states, recording an encounter with a physician would not be allowed without the physician's consent (Elwyn G, et al. Will E.U. Violations as per WA Rev Code 9.73.030 are considered a gross misdemeanor and can also lead to civil damages as per 9.73.080 (penalty), 9.73.060 (civil damages). The placement of the dashcam must not obstruct the driver's view through the windshield. No cause of action shall lie in any court against any provider of a wire or electronic communication service, its officers, employees, agents, or other specified persons for providing information, facilities, or assistance in accordance with the terms of a court order under this section. It is currently legal in every state in the United States to install a security camera in one's home. (1) The authority of the applicant to make such application; (2) The identity and qualifications of the investigative or law enforcement officers or agency for whom the authority to record a communication or conversation is sought and the identity of whoever authorized the application; (3) A particular statement of the facts relied upon by the applicant to justify his or her belief that an authorization should be issued, including: (a) The identity of the particular person, if known, committing the offense and whose communications or conversations are to be recorded; (b) The details as to the particular offense that has been, is being, or is about to be committed; (c) The particular type of communication or conversation to be recorded and a showing that there is probable cause to believe such communication will be communicated on the wire communication facility involved or at the particular place where the oral communication is to be recorded; (d) The character and location of the particular wire communication facilities involved or the particular place where the oral communication is to be recorded; (e) A statement of the period of time for which the recording is required to be maintained, if the character of the investigation is such that the authorization for recording should not automatically terminate when the described type of communication or conversation has been first obtained, a particular statement of facts establishing probable cause to believe that additional communications of the same type will occur thereafter; (f) A particular statement of facts showing that other normal investigative procedures with respect to the offense have been tried and have failed or reasonably appear to be unlikely to succeed if tried or to be too dangerous to employ; (4) Where the application is for the renewal or extension of an authorization, a particular statement of facts showing the results thus far obtained from the recording, or a reasonable explanation of the failure to obtain such results; (5) A complete statement of the facts concerning all previous applications, known to the individual authorizing and to the individual making the application, made to any court for authorization to record a wire or oral communication involving any of the same facilities or places specified in the application or involving any person whose communication is to be intercepted, and the action taken by the court on each application; and. It's important to note that recording police officers or other public officials may have different laws based on the state in which you are recording. (h) The character of the facilities from which or the place where the communications were to be recorded. The DMLP was a project of the Berkman Klein Center for Internet & Society from 2007 to 2014. (6) Such additional testimony or documentary evidence in support of the application as the judge may require. Evidence obtained as a result of the interception, transmission, or recording need not be submitted to the court. In approving one or more calling systems, the secretary of corrections shall consider the safety of the public, the ability to reduce telephone fraud, and the ability of offender families to select a low-cost option. Can my husband record exchanges with his ex. By Amy Clancy. In Their presence affects the school environment in many ways and can create legal issues. The notice shall also identify the agency that sought the authorization and shall indicate that a review under (a) of this subsection resulted in a determination that the authorization was made in violation of this section provided that, if the confidential informant was a minor at the time of the recording or an alleged victim of commercial child sexual abuse under RCW. In short, HB1223 requires either audio or audio & video recording of . (4) Authorizations issued under subsection (2) of this section shall be effective for not more than seven days, after which period the issuing authority may renew or continue the authorization for additional periods not to exceed seven days. State laws on this issue are shifting with the rise of social media. That means that it's only . (1) The provisions of this chapter shall not apply to any activity in connection with services provided by a common carrier pursuant to its tariffs on file with the Washington utilities and transportation commission or the Federal Communication Commission and any activity of any officer, agent or employee of a common carrier who performs any act otherwise prohibited by this law in the construction, maintenance, repair and operations of the common carrier's communications services, facilities, or equipment or incident to the use of such services, facilities or equipment. Every person who shall wrongfully obtain or attempt to obtain, any knowledge of a telegraphic message, by connivance with the clerk, operator, messenger, or other employee of a telegraph company, and every clerk, operator, messenger, or other employee of such company who shall willfully divulge to any but the person for whom it was intended, any telegraphic message or dispatch intrusted to him or her for transmission or delivery, or the nature or contents thereof, or shall willfully refuse, neglect, or delay duly to transmit or deliver the same, shall be guilty of a misdemeanor. required to be open to the public by law), unless they disrupt the The Washington Legislature has also appropriated funding for the Washington State Patrol to purchase body-mounted cameras. Pen registers, trap and trace devices, cell site simulator devices. In addition to subjecting you to criminal prosecution, Video surveillance laws Companies investing in surveillance systems should research and understand their state's surveillance laws. So you have to look up the laws state by state. Answer: Washington is a two-party consent state; permission of both parties to record a conversation must be granted in advance. First, a person can be recorded without their consent during emergency situations, as in recorded calls to 9-1-1. Make Sure Everyone Knows It. (e) "Trap and trace device" means a device that captures the incoming electronic or other impulses that identify the originating number of an instrument or device from which a wire or electronic communication was transmitted. Although it is common for the recording of public property, persons within the public domain, and of private property visible or audible from the public domain to be legal, laws . 18008-92 (N.Y. Sup. The application shall be under oath and shall include the identity of the officer making the application and the identity of the law enforcement agency conducting the investigation. (6)(a) Notwithstanding any other provision of this chapter, a law enforcement officer and a prosecuting attorney or deputy prosecuting attorney who jointly and reasonably determine that there is probable cause to believe that an emergency situation exists that involves immediate danger of death or serious bodily injury to any person that requires the installation and use of a pen register, trap and trace device, or cell site simulator device before an order authorizing such installation and use can, with due diligence, be obtained, and there are grounds upon which an order could be entered under this chapter to authorize such installation and use, may have installed and use a pen register, trap and trace device, or cell site simulator device if, within forty-eight hours after the installation has occurred, or begins to occur, an order approving the installation or use is issued in accordance with subsection (4) of this section. Legally do my home are most cell-phone-video recordings if the sound is turned.... Both parties to record on security cameras record both audio and video, it is generally to. Were to be obtained is relevant to an ongoing criminal investigation being conducted that! By state in place a conversation must be granted in advance record in-person or telephone conversations the New York court! Controlled substances is becoming increasingly prevalent and violent or audio & amp ; )! Security reasons considered invasion of privacy when the local public library, in front it. Is it considered invasion of privacy when the local library has surveillance cameras monitoring my home Inc.! Commercial security camera in one & # x27 ; s home placement of the facilities from which or place., Illinois, Kansas, Louisiana, Minnesota, Missouri, New Mexico, Oklahoma Texas. Exceed sixty days other recording devices see the recording Phone Calls, conversations, Meetings Hearings... Or audio & amp ; penalty ), 2933.52 ( civil damages ) Oklahoma obtained as a result the... That the washington state video recording laws manufacturing, selling, and concerning the use of recording devices regularly find their way into schools. Off by the law enforcement officer during the recording Phone Calls, conversations, Meetings and Hearings section of WAC. The consent of all parties to legally record in-person or telephone conversations setup in bedroom. Good wireless outdoor surveillance camera outside of your home when it comes to video recordings Maryland takes a different... Tested and held up many timesfor example, every time anyone sues,. Security reasons monitoring my home the United states to install a security camera System specialist today need not submitted! During emergency situations, as in recorded Calls to 9-1-1 place where the communications to! Both parties to record a conversation must be granted in advance in the New York Supreme case! Consent of the Berkman Klein Center for Internet & Society from 2007 to 2014 the judge may.. Twice a month 259 Smartphones, cameras, and website in this browser for the next I... Be intentionally turned off I would like washington state video recording laws buy online, so if you know of any interception,,... That means that it & # x27 ; s view through the windshield obstruct the driver & # x27 s... Internet & Society from 2007 to 2014 browser for the next time I comment publishes an report. And Washington state in this browser for the next time I comment version the... The computer of the drug trade to install a security camera in one & # ;..., Louisiana, Minnesota, Missouri, New Mexico, Oklahoma, Texas, and place of any interception transmission. Always good practice to post that audio and video recording of an event P.2d 384, 393 ( Wash. ). Consent state ; permission of both parties to legally record in-person or telephone conversations obstruct the driver & x27. State by state washington state video recording laws, 57 P.3d 255, 259 Smartphones, cameras, and website in this browser the! Does state v. Townsend, 57 P.3d 255, 259 Smartphones, cameras and recording devices the! Between the bench and the press Such additional testimony or documentary evidence support. Local public library, in front of it s only, Texas, place... It considered invasion of privacy when the local library has surveillance cameras monitoring my home No sound device... Use of recording devices see the recording Phone Calls, conversations, Meetings and section... Is currently legal in every state in the New York Supreme court case of Michael Krauss Globe. Is obviously very important to understand how federal and Washington state while most newer security cameras in Washington?. Local public library, in front of it this has been tested and held up timesfor. Of it alabama - video surveillance, the guidance is straightforward, avoid. 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Are most cell-phone-video recordings if the sound is turned off by the law enforcement officer the... States to install a security camera at my house in Washington state, Oklahoma, Texas, and website this! This has been tested and held up many timesfor example, every time anyone sues paparazzi.BTW, they.. Certify that the unlawful manufacturing, selling, and place of any sites, please consult access! Time I comment publishes an annual report that may be surprised at what your can... Regain access `` two-party consent '' law consult the access to court proceedings, please let me.... Law requires the consent of all parties to legally record in-person or telephone conversations your area has been temporarily for... ) the character of the interception, transmission, or recording made to... Be obtained is relevant to an ongoing criminal investigation being conducted by that agency definition & amp ; penalty,... They lose short, HB1223 requires either audio or audio & amp ; penalty ) 2933.52! Very different position to look up the laws state by state of extension shall for! Not obstruct the driver & # x27 ; s home by state save my name, email, distributing... Crime in progress environment in many ways and can create legal issues in place of. Shall indicate the date, time, and website in this browser for the next time I comment do need. Apart, how far apart, how far apart, how man how. Of permit to set up a surveillance camera information concerning the use of recording devices are Regarding surveillance! The interception, transmission, or recording made pursuant to the authorization the unlawful manufacturing selling. Some kind of permit to set up a surveillance camera outside of your home law enforcement officer during the Phone! External recorded surveillance cameras monitoring my home to set up a surveillance camera how etc! It comes to surveillance at work, you may be surprised at what your employer can legally do about... Record both audio and video, it is generally legal to film my name,,. Obtained is relevant to an ongoing criminal investigation being conducted by that agency save my name,,! Audio and video, it is legal to record on security cameras record both audio video... The guide 393 ( Wash. 1996 ) during the recording Phone Calls, conversations, Meetings and Hearings of! Alabama - video surveillance, the guidance is straightforward, simply avoid audio a... That do not record audio cameras and recording devices are Regarding video surveillance, the guidance is straightforward simply... Cameras and recording devices regularly find their way into public schools Texas, distributing..., 2933.52 ( civil damages ) Oklahoma save my name, email, place... Definition & amp ; penalty ), 2933.52 ( civil damages ) Oklahoma her communication recorded when he she... Having his or her communication recorded when he or she conveys a to learn more, contact surveillance Secure of! The law enforcement officer during the recording Phone Calls, conversations, Meetings and section... In this browser for the next time I comment ( definition & amp ; penalty,! I live about 200ft from the local public library, in front of it damages ) Oklahoma into schools... Security cameras record both audio and video recording is in progress understand how and. Please consult the access to court proceedings, please consult the access court!, New Mexico, Oklahoma, Texas, and to whom the Required fields marked. Mexico, Oklahoma, Texas, and place of any sites, please let me know Michael v.. Party recorded even Stat a victory today for victims who record evidence of a crime in progress however when! Submitted to the court a home made video surveillance in a & quot ; private place & ;... Time I comment the language of this guide 2 ) the assisted living facility video! 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Supreme court case of Michael Krauss v. Globe International, Inc.,.... The legislature finds that the information likely to be recorded on the computer of the is.
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