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::::::I think that qualifies as a response to the question I asked above. Thank you. ] 21:52, 1 December 2007 (UTC) ::::::I think that qualifies as a response to the question I asked above. Thank you. ] 21:52, 1 December 2007 (UTC)
::::::I wonder which sitting arbitrator Kelly was referring to then, in her e-mail. I can't think of any other arbitrator who would give her information. The problem with passing gossip to gossips, James, is that ]. <font color="Purple">]</font> <small><sup><font color="Blue">]</font><font color="Green">]</font></sup></small> 00:53, 2 December 2007 (UTC)


::There is no need for anyone who is not a reigning Arb to be on that list! ] 21:56, 1 December 2007 (UTC) ::There is no need for anyone who is not a reigning Arb to be on that list! ] 21:56, 1 December 2007 (UTC)

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Why are arbcoms rejecting the Mongo 2 case?

  1. We have one editor calling another editor evil (above),
  2. We have 26 wikipedians making statments in this arbcom, 19 in support of this arbcom, including many of the main parites, and only 2 against the arbcom (see below) yet 4 arbcom members thus far have rejected this case,
  3. We have an arbcom who states that one editor will most likely get sanctions along with other opposing unnamed editors if this case goes forward. This arbcom acknowledges there is sanctionable wrongdoing. Then the same arbcom rejects the case.
  4. This case has more editors making statments then any of the other 7 current ongoing arbitration cases (see below). Travb (talk) 08:05, 23 November 2007 (UTC)

Count on support for Arbitration*

Want this Arbitration Don’t Want Arbitration Unclear
Editor for Arb Comment Editor against Arb Comment Editor unclear Comment
Viridae Initiated by Viridae GTBacchus I think we can work out the content dispute without the need for arbitration Dorftrottel Unclear
Alecmconroy I know we all loathe yet another case related to this matter, but I don't know what else to do Tom Harrison I don't see the need for this JzG Unclear
Amarkov But refusing to accept it, when people on both sides are begging Arbcom to step in and stop it, is stupid. Newyorkbrad I don't see opening another arbitration case at this stage Durova If the Committee accepts this case I urge the examination of all involved parties' conduct.
SchmuckyTheCat Time to end it. . . Thatcher131 That said, if this case is accepted I would like to see
Mongo I hope the committee permits him to have his day in court and I hope they examine my evidence . . Krimpet I really don't have any interest in getting further involved with this dispute
Bigtimepeace . . . Mangoe Unclear
Crum375 This situation is appalling, requires action, and I hope ArbCom can act to bring it to an end.
Spryde "It is clear that ArbCom needs to deal with this issue and the behavior of more than just MONGO.

"

Dtobias But somebody ought to look, in a fair and evenhanded manner, at the behavior of MONGO and some of his friends
Mangoe I'm frankly appalled at the reasons being given for rejecting this case, because as far as I can see rejecting this case is authorization for more drama, not less
Tony Sidaway It would be sensible to adopt this case for the sole purpose of reiterating this policy, however obvious it may seem.
Thomas Basbøll I have long hoped that ArbCom would take a stand on this problem.
GRBerry I think the committe should take Tony Sidaway's recommendation
Barberio It is hard to understand an arbitration committee that would punt this case when it could be solved by such a simple and clear finding.
User:Rocksanddirt It is important for the committee to clarify if this is the case.
kaypoh So ArbCom, please accept this case
Mattisse If the Arbcom is going to reject the case, as seems to be the situation at this point in time
User:Travb Why is the Arbcom hesitating to accept this case?
User:GTBacchus Please accept this case.
*My apologies if I read your comments incorrectly.
Case name / # of editors who made comments in request for arbitration
  • Winter Soldier 9
  • Episodes and characters 16
  • Privatemusings 12
  • Macedonia 15
  • Asgardian-Tenebrae 3
  • Eyrian 9
  • Ferrylodge 20


Travb, it's okay-- The Arb can punt when they think that's what's best for the project. The Arbs aren't justices compelled to take cases, they're not Solomons meant to mete out justice-- they're shepherds who try to take only those cases that will be long-term benefit the project. For some conflicts, the best thing for the project may simply be to punt and wait for more evidence to come it.
I for one take the punt as a total vindication. If _I_ were the problem here, if I had been guilty of any wrongdoing as the Mongoies in the RFC try to imply, Arbcom would undoubtedly have taken the case, as chastising me wouldn't have been dramatic at all. However, you can't sanction MONGO without upsetting his very active faction of supporters, and I don't blame the Arb for not wanting to take a case that would lead such widespread schisms if there's any chance whatsoever they don't have to.
It's okay. It's not my job to solve Misplaced Pages-- I just had to do my part. Maybe this RFAr will have been enough to stop the problem behavior by itself, and the problems will end. OR maybe not-- The next time MONGO bites into somebody, it will be all that much harder for harder for anyone to try to blame it on the victims. Eventually, the behavior will stop, or the call for sanctions against MONGO will become so deafening, it cannot be ignored. Either way, it'll work out fine for the project.
And now it's my turn to get to punt the behavior problem, a punt I greatly welcome, because even for only a few weeks, it's a cross and a half to bear.  :) --Alecmconroy (talk) 19:27, 23 November 2007 (UTC)
My take, actually, is that the Arbitrators rejecting it aren't seeing the forest from a certain tree. It's a lot of verbiage to read, and it is very easy to skim it and cast this as another dispute about the NPA policy. Nobody wants ArbCom in the NPA dispute. It might be useful to ask those who rejected it to not view it from the POV of a dispute over NPA verbiage, but as a call from editors who've run into MONGO across the entirety of the project. (For instance: Thomas Basbol has never edited NPA.)
The real problem is the continued disruption to civil editing, in many forums, by MONGO, and the lack of anyone willing to do anything about it because of the special rules for MONGO. ArbCom has taken plenty of unique restrictions on editor behavior here that would be useful here. Even a simple statement that MONGO should be treated like everybody else is a step forward. SchmuckyTheCat (talk)
Well, I don't see it so much as they don't "get" that it's a behavior problem-- I have more confidence in them. More likely, they know it's not "about" BADSITES per se, but the project has two very divisive issues right now. BADSITES is one, and the MONOGite alliance is another issue. Trying to deal with both issues in one case just might not be what's best for the project. Even though to you and I, the case is only about the latter issue, it does take place under the shadow of BADSITES, and so a good case can be made for sitting this one out.
BADSITES is never going to be policy, that ship has sailed a long time ago. The MONGOites are going to either stop causing trouble, or else there will be more, better opportunities to address that problem in the future. --Alecmconroy (talk) 19:53, 23 November 2007 (UTC)
I think if arbcom doesn't take the case, you can consider yourself lucky you got to dodge the bullet from a potential banning. It fascinates me that you keep screaming about incivilities or being labelled, but you fail to see the hypocrisy by calling some people MONGOites. I think if you continue, you'll find yourself not editing here anymore. It's your call.--MONGO (talk) 00:22, 24 November 2007 (UTC)
MONGOites was just the best term I could come up with to describe the loyal group of editors who are proud to defend you against accusations. The term isn't in any way derogatory, it just gets inconvenient to refer to that group by such an unwieldy and lengthy phrase as "the loyal group of editors who are proud to defend MONGO against accusations". I know that a lot of people like to use the term "the cabal" to refer to a roughly similar group of users, but I myself will never seriously use that phrase, because it implies some level of deceit or nefariousness, and I detect no such bad faith. The fact of the matter is, you do have something of a leadership role, and there's a well defined group of people who have a considerable amount of loyalty to you and can be counted on to show up to defend your behavior-- recognizing that fact is not an insult at all. --Alecmconroy (talk) 08:47, 24 November 2007 (UTC)

I hate to put words into Morven's mouth, but to me, this case looks like a good example of a class of cases that, as a long-time clerk, I might refer to as Matthew 7:3 cases. I suspect that the division in the votes to hear the case reflects a division on the Arbitrators' mailing list between Arbitrators who feel that MONGO's casual incivility needs to be dealt with, and Arbitrators who feel that MONGO would be less uncivil if other editors would stop poking him with pointy sticks. In other words, the Committee is as divided as the community, which is hardly a surprise, since they were elected by the community to reflect the values of the community. Assuming such a division exists, then a long drawn out case would likely result in a "hung jury" and the passage of a bunch of unenforceable platitudes, like similar past cases. Consider Matthew's statement of rejection to be an example of enough rope. Either the situation will calm down, or it will escalate in such a way as to make it clear who needs to be hung out to dry. Thatcher131 01:33, 24 November 2007 (UTC)

Of course MONGO would be less uncivil of others didn't provoke him. Most people are civil when they're not provoked. What makes for good collaborative working is being civil even when you are provoked. Even if someone "deserves" to be told off, an effective communicator will refrain from doing so, because they want to keep the possibility of communication open, and they want to maintain an unimpeachable moral high ground. Misunderstanding this fact badly enough causes significant disruption, due to a careless "call a spade a spade" mentality. That mentality is essentially dispute resolution for those who wish to prolong disputes.

The simple fact is that you can't stop people from provoking MONGO. You might be able to convince MONGO to react in a less escalatory way to provocation. Wouldn't that be a win-win situation? It's not like everybody who takes issue with MONGO's (or Guy's) incivility is a troll.

I don't remotely think that this arbitration is limited to MONGO's behavior; in fact, he's not close to the worst recently. People on all sides of the dispute need a wake-up call: Stop attacking contributors; talk about content. Putting up with anything less is a woefully unprofessional and disappointing policy for our encyclopedia to take. -GTBacchus 02:26, 24 November 2007 (UTC)

It isn't incivil to tell people that if they are participants in websites that attack our contributors and then argue in favor of being able to link to such websites, that they have a conflict of interest. Supporters of editors who have later been banned for harassment and disruption, especially admins who do so, are also editors the committee should examine. Unfortunately, until we deal with editors who are trying to hound others off the project just because they haven't been treated like they own the place, we'll continue to see ongoing dramatics and wild accusations.--MONGO (talk) 15:49, 24 November 2007 (UTC)
You're right, MONGO, it isn't necessarily uncivil to tell people that they have a conflict of interest. It can be uncivil or not, depending on how you do it. If you do it ham-fistedly enough, you can raise the temperature and perpetuate the drama. It's easy to say that we'll continue to see ongoing dramatics when your behavior is often a significant cause of the drama. Stop feeding trolls already. Please stop.

When you say "supporters of editors who have later been banned for harassment and disruption, especially admins," am I safe in assuming that you mean me? I wish you'd file an RfC on me MONGO; that would be so welcome. If you've got a problem with me, stand up and say it. I'm listening. -GTBacchus 23:16, 24 November 2007 (UTC)

I'm not so sure he was referring to you. From what I've seen, you seem to be one of the more reasonable and objective people involved in this dispute. - Crockspot (talk) 23:35, 24 November 2007 (UTC)
Well, I'm frustrated, which probably affects my judgment. I think I'll spend the rest of the day offline. I apologize if I've offended anyone here. -GTBacchus 00:14, 25 November 2007 (UTC)
It isn't incivil to tell people that if they are participants in organizations that are full of communists that are attacking the American way of life and then argue in favor of not blacklisting those organizations, that they have a conflict of interest. Supporters of people who have later been blacklisted for being communists or fellow-travelers, especially government officials who do so, are also people the HUAC should examine. Unfortunately, until we root out all the communists who are taking over our country like they own the place, we'll continue to see ongoing dramatics, even if we blacklist all the playwrights. *Dan T.* (talk) 17:36, 24 November 2007 (UTC)
If WR and ED were involved in important work that represented a significant social and political movement worldwide, I might actually buy the implication that you are a martyr. - Crockspot (talk) 23:31, 24 November 2007 (UTC)
I got the impression he was more pointing out the fallacies in MONGO's argument than taking on any particular mantle. I thought he did it effectively, too, and that MONGO was going in a pretty absurd direction. He's so committed to raising the temperature, ED ought to give him a medal. Oh wait, they already have.

I'm really getting offline now. Anyone in Seattle reading, and wanna grab a drink? I'll be at Pizza Mart on the Ave. -GTBacchus 00:40, 25 November 2007 (UTC)

Reducing case load and 'drama'

There seem to be very significant problems with the current ArbCom set up, which results from inactive members, case load, and fear of being used for 'Drama'.

Theoretically, the Mediation step in the dispute resolution process should screen out a lot of cases. But it only screens out those cases which can be solved by getting the parties involved to agree on a solution. This leaves the bulk of disputes unresolved and taken on to an ArbCom request. Many of which are refused. This has turned the dispute resolution system into steam cooker with the heat turned up too high.

So I'm going to recommend an extra 'layer' between Mediation and ArbCom.

It's work on a adhoc 'tribunal' system. Basically, someone wishing for a tribunal simple has to convince three uninvolved editors to take on the case. All three tribunal members then look at the issue, and take arguments and evidence from those involved. Then after consideration the three uninvolved editors issue a finding, and a recommendation to the community on any actions that should be taken.

Only if the tribunal can not agree on what should be done, or someone involved in the case wishes to appeal it, would the issue progress to the arbcom.

Implementation could be a simple page for posting requests, with subpage for presenting evidence and arguments. Editors wishing to act as tribunal members should just pick a case and agree to take it on. It could be streamlined by limiting discussion to evidence and presented arguments only, and deleting any outside comments or threaded discussions that might be placed on the pages. If the tribunal members feel that further action is needed after they make a finding, they can then post to the relevant notice board to recommend action. Naturally, gaming of this system in any way should be considered disruptive behavior, and risk community sanctions.

I believe this idea would reduce the drama in the current dispute resolution process, and reduce case load for the ArbCom. --Barberio (talk) 15:46, 23 November 2007 (UTC)

This sounds a little bit like the Community Enforceable Mediation system that Durova was overseeing for awhile, although that only applied when the parties to the dispute consented. Is that still active? Newyorkbrad (talk) 15:56, 23 November 2007 (UTC)
A step in between alternative would be to have arbcom divide itself into panels of 3 to hear cases much like a United States court of appeals so that more net cases could be heard, with the entire arbcom hearing cases only if there is a dissent in the panel or other arbcom members wish to review. I have a concern that giving arbitrary editors tribunal powers whose decision would be enforcable by administrators could be open to gaming. For example, a group of 5 editors could rig a "tribunal" case for a fake dispute in which the "tribunal" makes a decision all 5 editors want which then becomes policy and administrators become obligated to enforce, whether actually consistent with policy or not and whether the rest of the community would agree or not. I believe any tribunal whose members are not vetted by the general community would need to have its jurisdiction and the types of decisions that could be enforced very carefully limited. Best, --Shirahadasha (talk) 16:07, 23 November 2007 (UTC)
Comment: To address the issue of out-of-line decisions becoming enforcable, Misplaced Pages:Community enforceable mediation added the requirement of community approval before any decision becomes enforcable, and also added limits to remedies: remedies can be imposed only on the parties, and no third parties or articles can be affected as the result of any decision). Best, --Shirahadasha (talk) 16:19, 23 November 2007 (UTC)
The big comlaint I hear with arbcom is that it takes too long. Partly this is due to the complexity of the cases. A possible solution could be solved with more arbitrators and and once the committee takes a case with a net vote of four, the comm members focusing on a few cases each. Just a thought. — RlevseTalk16:21, 23 November 2007 (UTC)

Prototype for the process written up at User:Barberio/Wikipedia:Tribunal. --Barberio (talk) 16:35, 23 November 2007 (UTC)

The problem of ArbCom delays had become ghastly for several months this spring and summer, but the situation has improved somewhat in the past few weeks (cases have been moving from open to decided much faster than they had been, although Ferrylodge is now overdue). I will take an interested look at Barbiero's proposal, but in general I don't see why the current system cannot work satisfactorily. Kirill Lokshin, who has been drafting the decisions in most recent cases, has also had the clerks prodding parties to get their evidence in more quickly, which should also help keep things moving more quickly. Newyorkbrad (talk) 16:48, 23 November 2007 (UTC)

The problem, as we are seeing, is that Arbcom either can not or will not accept all cases that currently have to go through arbitration. The slowness of the process is part of the cause, but not a huge problem in and of itself. -Amarkov moo! 22:44, 23 November 2007 (UTC)
To which cases are you referring? What makes you think that the Committee declines to hear cases because they are too busy, rather than due to other reasons? Thatcher131 01:35, 24 November 2007 (UTC)
The acceptance system as currently implemented requires a super-majority to accept a case. Choice of this system certainly suggest that acceptance of cases is limited to reduce case load. --Barberio (talk) 01:42, 24 November 2007 (UTC)
The acceptance system has been discussed several previous times. Check the archives of this talk page. Thatcher131 02:01, 24 November 2007 (UTC)

(Moved from main page) Application of the Misplaced Pages:Civility and Misplaced Pages:No personal attacks policies

Oh, Lord, not this. I'm uninvolved, but I really believe that it would be good for Barberio to read the article at WP:CIVIL. It has no particular force in it. It says that people should be civil toward one another. Civility, like obscenity, depends upon the viewer's standards. Since each person can interpret any statement as civil or uncivil, we have to employ community standards, and this effectively removes blocking from the hands of any single administrator. I cannot block a person for not being civil because, first, the policy doesn't have blocking as an option, and secondly because, as a solitary individual I am making a private interpretation of that person's statements. I need to appeal to a wider community to find that comments have gone from merely indecorous to actually disrupting the civil function of the republic of words here. Similarly, "personal attacks" has no sanctions in it. The policy does not say, "Block 'em." It says that certain "extreme" examples "may" result in a block. Both of these "policies" are admonitory rather than penal. Both recommend that people be nice and civil. This is because the blocking offense is disruption. If a person is disrupting the editing atmosphere, he or she may be blocked, but "disruption" requires demonstrated effects, not the umbrage taken by a particular user. Some long time users may point to their duration and contributions when accused of being uncivil, but this is not because one overcomes the other: it is because the long time of editing shows that they have experience with community editing, and the person complaining is probably representing only him or herself (i.e. that they do not represent a community's point of view and are idiosyncratic). More disruption comes into effect from people chasing each other about with the "Civility" stick than from any one person being mean, in my opinion. Geogre (talk) 20:57, 23 November 2007 (UTC)

Discussion moved from main page, please keep that section for asking clarification from the arbcom.
I'm sorry George, but I suggest you re-read these policies yourself. Specifically note that Civility is a core principle, that defines incivility as harm to the project. Admins are entitled to make blocks to prevent damage to the project. And the No Personal Attacks policy does explicitly note that blocks, or even community bans, may result from "a confrontational style marked by personal attacks".
"Pointing to their duration and contributions" is not a good demonstration that someone is currently being a productive community editor, or ever has been. You make the false assumption that experience equates to competence. Someone can spend five years doing something the wrong way. And frankly, in a project that's only seven years old, this isn't a wealth of 'experience' we're talking about. --Barberio (talk) 21:35, 23 November 2007 (UTC)

Why was this moved from the main page? Editors who are not on the Arbitration Committe can post there, and have in the past posted there (for examples of such comments, look at the requests for clarification below the NPA and CIVIL thread). I suggest it be moved back. --Iamunknown 22:33, 23 November 2007 (UTC)

I felt it was inviting a lengthy threaded "yes it is" "no it isn't" discussion if outside commenter's started in on this. If the arbcom or clerks disagree, they can restore it. --Barberio (talk) 22:46, 23 November 2007 (UTC)
The Request for clarification section is mainly intended for requests involving prior closed cases. General questions such as "Why won't the Arbitrators hear a case involving X" are better handled on the talk page. Thatcher131 01:22, 24 November 2007 (UTC)
In which case, Barberio's request was missplaced, Geogre's answer was threaded properly, and the long time user told the newer one that it isn't so simple as all that (and got lectured for an answer, as well as moved). Hallelujah! Utgard Loki 19:47, 30 November 2007 (UTC)
As mentioned, the above was moved because it was inviting threaded discussion from others, rather than asking for clarification from the committee. I begin to suspect that I should retreat back into wikisilence. Incidentally, my first contribution to wikipedia was more than three years ago, and I have been involved with the restructuring of policies and guidelines, as well as helping a major wikiproject get under way. I dislike having to present my credentials, however, I yet again find that a combative and aggressive tone is seen as the normal practice, and attempts to belittle others substitute for logical argument. I hope for change, but sadly this project is sinking more and more under the weight of the obnoxious. --Barberio 21:13, 30 November 2007 (UTC)
I did not mean to invite threaded discussion, but, as yours was an outside view looking to apply a policy in a sweeping fashion away from a particular arbitration matter, I offered an outside view that suggested that the policies as written are clear enough. If you were involved in writing many policies and have been here for three years, then you know full well that "civility" is a goal, but the NPA policy intentionally has no consequences to it, that "civility" is impossible to determine, and that trying to do something like leverage a specific ruling one place onto a campaign for the reformation of manners (of anyone) is unacceptable, both from the point of view of arbitration and from the point of logic. Geogre 00:15, 1 December 2007 (UTC)
It was not an 'outside view looking to apply a policy in a sweeping fashion', it was a question about arbcom precedents, directed to the arbcom and not the community at large.
And yes I 'know' that the NPA is 'intentionally' toothless. But this is solely because of the rise of editors and admin who don't want NPA to be enforced except when it's directed towards them, and prefer 'Civility' as a weak guideline so they can punish and berate those who 'deserve it'.
Also, if you want to accuse me of 'unacceptable' behavior, please don't circle around the point in a passive aggressive manner with that 'doing something like...' insinuation. Come right out and say you think I've done something wrong. --Barberio 01:12, 1 December 2007 (UTC)
I have no idea what is in your mind. Your actions appear to me to be those of a person trying to find a weapon. You seem not to realize how inherently ridiculous this is. You seem to want a policy (or, better yet, an acronym) to use to silence people who annoy you. To avoid anything passive, let me say that such is seeking out a weapon for combat. It is looking for some way of getting control or getting the other person in trouble. This is what's wrong with "Civility" as an invoked policy, rather than civility as a practice. Civil editors do not need to shout, "Personal attack! Personal attack! Now I block you!" "Rise of admins who prefer civility" is rather baseless. I've been here opposing "NPA" since it was first proposed, and quite a few others have been, too, and we have prevailed to the extent that some observing that began to invoke "civility" rather than NPA. I wish they had taken on board the actual lessons we hoped for, that sticks and stones don't exist on the web, and the names here are unlikely to hurt you. When they do hurt, when they are that far out, the account is already in violation of a score of policies. When a person is solely a trash-talking account, someone who does nothing but that sort of thing, then that account is doing something quite bad, violating many policies, and we don't need to obfuscate the issue by saying, "You have to be blocked for nothing you have done, but for being impolite." Citing "NPA" and "Civility" is most often improper, and trying to get ArbCom to widen a ruling to make that easier is an uncivil act, because there is little room for it to be motivated by anything but a desire to have the biggest stick. Geogre 12:13, 1 December 2007 (UTC)

Misplaced Pages:Requests for arbitration/Admin enforcement requested

Is the Misplaced Pages:Requests for arbitration/Admin enforcement requested (edit | talk | history | links | watch | logs) subpage actually useful? I highly doubt many administrators scan through there, familiarizing themselves which decisions that need enforcing; it is redundant to the purpose served by WP:AN, where all case summaries are posted, and WP:RFARC, where all cases and their remedies are listed. Also, I'm unsure if /Admin enforcement requested is even complete in its listing of cases which require enforcement. So, I'd like to suggest we retire it (not delete, as it is of historical interest), unless a good use is thought of. Opinions? Picaroon (t) 22:38, 24 November 2007 (UTC)

It's fairly useless, yes; but I do think that a canonical listing, in some form, of users currently under an editing restriction would be a good thing. Kirill 23:56, 24 November 2007 (UTC)
Misplaced Pages:Requests for arbitration/Completed requests will serve the purpose of listing all users sanctioned in cases, giving that it lists remedies and the users these remedies apply to - pretty much the same info /Admin enforcement requested provides. Users placed under editing restrictions by administrators after the close of the case aren't listed at either of these two pages, and although all users sanctioned after a particular case can be found at the logs of blocks and bans (or whatever we call it now), there is no one list of all such users. Would it be worth it to try and group those users altogether? Either way, this doesn't figure into the issue of retiring /Admin enforcement requested. Picaroon (t) 00:12, 25 November 2007 (UTC)

I find it more than just interesting in the historical sense – it's a record of how the ArbCom members, and later the ArbCom clerks, summarized the case when presenting it to the community, and something that should be retained for archiving future cases. The Completed requests subpage is much more dry and boring. For instance, I found it interesting how FloNight used to clerk for the ArbCom; now she is a member of it. And how Johnleemk and Tony Sidway seemed to take turns in clerking cases. Also how the cases used to be summarized back in early 2005 compared to now. hbdragon88 (talk) 06:41, 25 November 2007 (UTC)

Wikipedia_talk:Wikipedia_Signpost/2007-11-19/News_and_notes#Age_requirement

I'm really sad to here about the age restriction imposed on Arbcom nominations. Please explain further why it is such a problem to show private information to a minor and why we can't change the privacy policy instead of turning into a bunch of ageists. - Mgm| 16:03, 25 November 2007 (UTC)

The Committee lacks the authority to change the privacy policy; you'll want to take things up with the Foundation if you want any changes made. Kirill 16:14, 25 November 2007 (UTC)
Let me rephrase that: I want to know what they were smoking when the Board decided on the privacy policy. I'm glad to see that administrators seeing deleted edits doesn't fall under this ridiculous policy, but it doesn't make any sense when you compare the two situations. Why do they treat deleted edits differently than Arbcom information? - Mgm| 16:20, 25 November 2007 (UTC)
Well, ask the Board, then. We're not privy to its reasoning.
(The Committee handles very private information, incidentally.) Kirill 16:25, 25 November 2007 (UTC)
Anything more private than the name and contact details often shared on the help desk? Without sharing any details, could you give examples of the sort of info you're referring to? - Mgm| 17:05, 25 November 2007 (UTC)
In one case information is provided voluntarily, and in the other case information is retrieved without a persons consent with strict restrictions on how it can be used. That is a significant difference, I think. FloNight♥♥♥ 17:49, 25 November 2007 (UTC)
We've done without restrictions on arbcom since it was formed, so it seems odd to start now especially when that privacy was in place during the last elections. I did ask Jdforrester (spelling?) and I hope he'll comment here soon. - Mgm| 17:05, 25 November 2007 (UTC)
The Foundation significantly tightened the Privacy and Checkuser policies after the Essjay incident. Persons with checkuser access must be of legal age where they live and must provide their real identity to the Foundation. Thatcher131 18:40, 25 November 2007 (UTC)
Indeed. That we have to an extent failed to follow appropriate rules until now is a very poor basis for claiming not to need them. I am convinced that the newer rules are much better, although I certainly think that several minors who play active roles in the community here are would make very good Arbitrators (Cbrown, Sean W., and Messedrocker in particular), and I am saddened that they will not be able to join the Committee for a short while.
As an aside, although I posted the information, it was not my decision alone, but by the Committee as a whole. Would people stop thinking that I'm some despot making up the rules as I go? :-)
James F. (talk) 18:48, 25 November 2007 (UTC)
  • The Essjay incident could simply be avoided by confirming his identity. Why make the additional requirement for someone to be of legal age? Minors can share their identity with the foundation with parental consent and if they are trustworthy enough to be voted into the position there's no real difference for the person whose details get shared. I'd be equally pissed if whether the info is known by a 60-year old librarian or a 14-year old student. (last bit of message added after edit conflict) - Mgm| 22:03, 25 November 2007 (UTC)
As this was a decision by the Foundation, not the committee, it would be more appropriate to bring that up with the Foundation. Heimstern Läufer (talk) 22:06, 25 November 2007 (UTC)
The privacy policy was the board's decision; applying it to arbitration committee members was the committee's own decision, based on James F's earlier comment, so I think they are the ones to raise the issue with. Picaroon (t) 22:09, 25 November 2007 (UTC)
Our local ArbCom made the rather sensible (in my mind) decision not to have a two-tiered system, with a separate mailing list for issues involving checkuser (and other private) information and minor Arbitrators automatically recused from all cases involving checkuser evidence (at a minimum). Thatcher131 00:34, 26 November 2007 (UTC)
My thinking is that a minor is incompetent in the eyes of the court. So there is not the same level of accountability for a minor. Without this accountability, it is not in the best interest of the user, Community, the Committee, or the Foundation for a minor to have access to the non-public information. This in no way reflect on the merits of individual minors who of course may be Super Competent and Extraordinary People. FloNight♥♥♥ 22:27, 25 November 2007 (UTC)
I'm not sure about under the Florida law that the Foundation works under, but Michigan law states that any contract made with a minor is legally unenforceable, and thus minors can't be held accountable for breaching contracts, including privacy violations. Rdfox 76 (talk) 22:42, 25 November 2007 (UTC)
Those last two responses are the best explanations so far, but they still don't explain why the contract can't be co-signed by a minor's parent or guardian to avoid the problem of accountability as mentioned by Rdfox 76. As far as I can tell parents are already legally responsible for their children in other cases. - Mgm| 23:08, 25 November 2007 (UTC)

There are two longer threads on this topic on the 2007 ArbCom elections page and we probably ought to keep the discussion in one place for continuity. For what it is worth, I do not believe that a minimum age restriction on arbitrators is required by the current wording of the Foundation resolution or for any other identified reason. The Board resolution adopted earlier this year imposing a minimum age requirement on checkusers and oversighters is understandable, but it still represents a derogation from our community norm of recognizing equal rights and opportunities for every editor, and its application should not be expanded any further. A narrower construction of the resolution is readily available that distinguishes between providing that a younger editor who is legally a minor should not unilaterally decide to run a checkuser, and having a younger editor (who has been elected with the overwhelming trust of the community) as one member of a 15-member committee or a 40-member mailing list. However, the decision appears to be a fait accompli at least for this year, as very few editors have questioned it since it was announced, the two candidates who were forced to drop out of the election appear to have accepted the ruling (with better grace than I might have had if I were they), and voting in the election starts less than a week from now. Newyorkbrad (talk) 02:57, 27 November 2007 (UTC)

Burntsauce "appeal"

Perhaps we could remove this request as unconfirmed and as possible trolling until and unless we can verify that the message is actually from Burntsauce. Something seems off about this, and it's out of process. Although the message comes from an established user. Burntsauce, for all his disruption, was (and claimed to be) very familiar with Misplaced Pages policies. This so-called appeal, addressed to an uninvolved user rather than ArbCom, has quite a few unnecessary flaws. The timing is suspect. We cannot be sure that the editor who posted it isn't trolling, or being trolled by Burntsauce, or being trolled by someone who is not Burntsauce. I see little chances of this succeeding even if it is for real. Everything about the original case and the underlying conduct behind it involved weirdness, e.g. one administrator supporting sockpuppets and another operating sockpuppets to try to disrupt Burntsauce's arbcom case. Two or three ArbCom cases have already arisen out of Burntsauce's disruptive behavior. There is no harm in waiting, and asking Burntsauce that if the message is his he can email a confirmation to ArbCom from an email known to be his. There is a harm in continuing this if it turns out to be a hoax. When the wider community discovers this there is certain to be a lot of consternation, and possibly disruption to other ArbCom cases. Wikidemo (talk) 18:43, 27 November 2007 (UTC)

  • Personally, I'd leave it up and let the arbiters decide if/how they want to handle this. A clear rejection or acceptance by the committee would probably be better than just making it disappear.--Isotope23 18:51, 27 November 2007 (UTC)
Burntsauce has posted essentially the same message on his talk page, so I think we can take it as authentic. Thatcher131 19:21, 27 November 2007 (UTC)
Thanks, thatcher. Yes, I wouldn't dare delete a request from the arbitration page - that's for the Committee or its clerk. But I do hope they deal with authenticity and propriety of the request for reconsideration quickly rather than risk this becoming yet the latest flare-up here.Wikidemo (talk) 19:40, 27 November 2007 (UTC)
I wasn't suggesting that you or any other editor would unilaterally remove it Wikidemo. I meant that it would probably be preferable for the arbiters to actually reject or accept it, even if only to reject it as an out-of-process request, rather than a clerk or arbiter simply removing it as out-of-process.--Isotope23 20:33, 27 November 2007 (UTC)
The clerks are quite within their authority to remove requests by banned users as the instructions and banning policy both clearly say that banned users must appeal directly to Arbcom by email. However we (Brad a clerk and me a former clerk) both seem willing to leave this up for the time being. If it becomes a troll magnet I doubt it will survive. Thatcher131 20:56, 27 November 2007 (UTC)
It wasn't a question of your authority to do so... I agree that any clerk would be absolutely within the bounds of process to remove it as a proxy request on behalf of a banned editor. I'm just stating my personal opinion that, in this particular case, I think it would be preferable to have the finality of a decision by the committee on this matter. Sorry if that wasn't clear. That said, I also agree with you that if it became a troll or drama magnet, that would change the situation completely.--Isotope23 21:03, 27 November 2007 (UTC)
Regarding the authenticity, anyone who wants a copy of the email (including full headers) need only ask via the e-mail link in my signature. Nwwaew (Talk Page) (Contribs) (E-mail me) 00:47, 28 November 2007 (UTC)
Oh, and feel free to CheckUser me if you feel it necessary, as long as you don't publicly release the IP addresses I edit from. Nwwaew (Talk Page) (Contribs) (E-mail me) 00:49, 28 November 2007 (UTC)
Nah. Even the email headers don't necessarily prove the request really came from Burntsauce unless one already knew what his address was. The post on the talk page is the best confirmation. Thatcher131 00:50, 28 November 2007 (UTC)

Mailing List Confidential?

Are items sent to the arbcom mailing list confidential? It appears the list is compromised. Spatalker 15:48, 30 November 2007 (UTC)

Huh? The email investigating user:!! was sent to multiple people. Eventually Giano got a copy, and someone also forwarded it to Arbcom-L. Giano posted his copy on wiki. There have been no leaks as far as I know of material sent only to Arbcom-L. Thatcher131 15:51, 30 November 2007 (UTC)
That's not accurate. wr/index.php?showtopic=14172 Spatalker 16:03, 30 November 2007 (UTC)
I don't think you understand what is going on here. There are three lists:
Arbcom-L private and confidential for Arbcom business, confidential by Misplaced Pages and Arbcom policy
WPcyberstalking for discussion of cyberstalking of editors and how to deal with it. Subscription by invitation and private by convention of the participants
WPinvestigations for discussion of sockpuppet investigations. Subscription by invitation and private by consent of the parties.
If someone who is subscribed to the Cyberstalking or Investigations list forwarded messages or a membership list outside of the list, that is the business of the participants in the list. Nothing that originated on Arbcom-L or was sent to Arbcom-L has leaked from Arbcom-L unless the original sender also sent it somewhere else or if it was non-confidential information that was intentionally cc'd. (For example, when I was the only clerk and I proposed the appointment of some additional candidates, I was cc'd on some of the messages in which Arbcom discussed the proposed appointments.) To the best of my knowledge nothing that was meant to be confidential has ever leaked. Thatcher131 17:01, 30 November 2007 (UTC)
Had the Arbcom as a body seen that evidence before I posted it ANI - yes or no? Giano 17:12, 30 November 2007 (UTC)
Giano, on wiki-en-l this morning, Kirill Lokshin posted that the Arbcom mailing list received a copy of the blocking post a few hours before you posted it on-wiki, and that it was sent to them by a person "not involved in the dispute." I don't know how to link to that, but perhaps you know how to look that up. Risker 17:17, 30 November 2007 (UTC)
bearing in mind the debate here above ref: "kiss my ass" were they able to understand the gravity of the situation? Giano 17:22, 30 November 2007 (UTC)
The conversation did not go in that direction, to be honest. My own take is that there has been some pretty strong resistance on the part of the community to an activist Arbcom that selects its own cases and develops its own evidence, and the currently sitting Arbcom felt constrained to pursue this case without somebody giving it some form of mandate. Mackensen has referred to their frustration of not having the case brought to them sooner. Ultimately, it was a former member of the Committee, who perhaps had a better understanding of the committee's difficult situation, who filed for consideration of the case. It was a tough call all around. Risker 17:30, 30 November 2007 (UTC)

I can well understand anyone's reluctance to become involved in a case. Giano 17:33, 30 November 2007 (UTC)

Early this year there was a discussion on one of the noticeboards in which a few of the Arbitrators asked whether they should initiate cases or wait for cases to be brought to them; the majority of responses were that the Committee should not open cases on its own. Hence for several days Arbcom could only watch in frustration, until someone offically filed a request to hear the case. Thatcher131 17:34, 30 November 2007 (UTC)
Kirill Lokshin has said they first received the e-mail after the block and four hours before Giano posted it.
Just to clarify, I don't think the e-mail was ever sent to the investigations list. And the version Durova sent to the cyberstalking list is not the same as the version that was leaked. The version that was leaked is the one Durova sent out to people after the block. So I don't believe this leak originated with anyone on the cyberstalking list.
I also want to clarify that no arbitrator responded to Durova's thread when she posted the e-mail to cyberstalking. So there's no suggestion any arbitrator saw it before the block.
The timeline is:
  • Nov 3, Durova sends the e-mail to the cyberstalking list. There is no proposal to block !! and no further e-mails in the thread after Nov 3.
  • Nov 3-18, Durova said after the block that there had been other private e-mails and chats about !! during this period. Recipients unknown.
  • Nov 18, Durova blocks !!
  • Nov 18 or thereabouts, after the block, Durova sends a version of her e-mail to at least two other editors, but not the version she sent to cyberstalking.
  • Nov 18 22, someone sends the e-mail to the ArbCom.
  • Four hours after it's received by ArbCom, according to Kirill Lokshin, Giano posts it. The version posted is not the original version that was sent to cyberstalking.
I'm posting this in response to the suggestion above that it may have been someone from the cyberstalking list who leaked this. Given the different versions, I'm fairly sure no one did. I also think the gap between the Nov 3 posting and the Nov 18 block suggests no involvement on the part of the cyberstalking list. Indeed, had any of us looked at the links, we'd have spotted that !! was known by Giano, so none of this would have happened if Durova had told us she was going to block. SlimVirgin 17:45, 30 November 2007 (UTC)
That's not quite right. This would be more correct:
  • Nov 22, someone sends the e-mail to the ArbCom.
There's a four-day gap between the time when this first started and the time any useful information came to us. Kirill 17:52, 30 November 2007 (UTC)
Actually, looking at this again, I'm not sure I have the timestamps right. If I'm reading this correcly, Giano first posted the email on AN/I at 11:59 AM EST on Nov 22, while the Committee received a copy at 2:17 PM EST on Nov 22—two hours after it was already posted. But I'm not entirely certain whether the second timestamp is EST or UTC; if it is the latter, then we received it two hours before it was posted.
In either case, the Committee obviously had no chance to respond in any fashion before Giano posted on AN/I. Kirill 18:03, 30 November 2007 (UTC)
At least 3 members of the Arbcom had had the mail for days if not weeks. What were they waiting for - me to die of old age? Giano 18:16, 30 November 2007 (UTC)
You'll have to ask them that. The Committee, as a body, was not aware of the circumstances here until about the same time as you were. Kirill 18:18, 30 November 2007 (UTC)
Assuming they realized that the message in question was one they received 3 weeks earlier on the cyberstalking list, and assuming they saved it. Thatcher131 18:19, 30 November 2007 (UTC)
And again, no arbitrators responded to Durova's thread on cyberstalking, so there's no indication any of them even saw it at the time. SlimVirgin 18:21, 30 November 2007 (UTC)
What a pity none of these three Wikipedian celebrities feel able to descend from Olympus and speak to us common people themselves, or are you and Thatcher their appointed spokesperson? Giano 18:27, 30 November 2007 (UTC)
I don't know who you're referring to, but if you mean people on the cyberstalking list it's because there is nothing to say. The e-mail was received, there were few responses, no block proposal, no reason even to read the links. Bear in mind that Durova was trying to show a group of experienced editors how to spot sockpuppets. But we all know how to do that already, plus it's often a high-traffic list. So the e-mail wasn't read carefully, if at all. SlimVirgin 18:37, 30 November 2007 (UTC)
"wasn't read carefully, if at all" .. Now that has more implications that I care to expound on. Lsi john 18:50, 30 November 2007 (UTC)
Where did Giano get the document from? The timeline makes a leak from the Arbcom-l most likley, no? Given the clear statements being made against off-wiki conspiring, why is only one type of conspiring problematic? Has a definitave list of members of Arbcom-l ever been published? Spatalker 18:48, 30 November 2007 (UTC)
There is a list of the subscribers at Misplaced Pages:Arbitration Committee#Mailing list. Sam Blacketer 18:51, 30 November 2007 (UTC)
Thank you. That list is quite long. I suggest the current Committee should spend some time revetting this list, given the 4 hour lapse between information arriving on this list and the same information being widely distributed, vs. the 19 day lapse between initial publication of the information and it's eventual distribution. Spatalker 18:59, 30 November 2007 (UTC)
Is it a really good idea to go searching for whoever sent Durova's post to Giano? I'm not sure a leak inquiry would find the culprit, but if it did, then I don't see any reason to start restricting them. Sam Blacketer 19:03, 30 November 2007 (UTC)
The archives of Arbcom-l have checkuser data in them. Release of checkuser data to third parties is a bad thing. If someone is forwarding documents from Arbcom-l to not-arbcom-l, they should not be authorized to view checkuser data. Spatalker 19:11, 30 November 2007 (UTC)
In all honesty, I find these insinuations that the Committee leaked material to Giano—out of a nigh-suicidal urge to bring the wrath of the project down on ourselves, presumably?—preposterous and insulting, particularly coming from someone hiding behind a throwaway account. Kirill 19:15, 30 November 2007 (UTC)
The entire comittee would not need to agree to leak it. One ex-arbitor would be more than enough. Do you vouch for each and every member of your list personally, or are they responsible for their own conduct? Dosen't it seem possible that message emminated from the arbcom list, given the timing? At the very least, please cease discussing checkuser data on the arbcom mailing list untill it's security can be reviewed. Spatalker 19:30, 30 November 2007 (UTC)
I agree with Kirill. I think the idea that Giano has access to confidental information due to a leak in the Arbitration Committee mailing list is insane. --Deskana (talk) 19:17, 30 November 2007 (UTC)
I don't think we'll ever know who leaked it. Durova sent it to several people after the block between Nov 18 and 22. They in turn may have sent it to others before it reached Giano. SlimVirgin 19:19, 30 November 2007 (UTC)

Well, it was me, of course. Who else? I did ask Durova to send me a copy in the hours after the block, but she did not. If she had, I would have considered myself bound by the confidentiality I offered her when I tried to initiate an off-wiki discussion about the block. But she didn't. Someone else sent the text of the e-mail (not the whole thing) to me in the aftermath of the block. See further at Misplaced Pages talk:Requests for arbitration/Durova and Jehochman/Proposed decision. -- !! ?? 21:12, 30 November 2007 (UTC)

So if !! cares to tell us who it was that sent him the email, and so forth, we would presumably eventually find the source of the leak. I doubt that information will be forthcoming, though, as there are asses that need to be covered here. Someone, somewhere abused the trust afforded in them, so I'm not holding my breath for that person to step forward. If there is anything to be learned from this, its perhaps that Wikipedians in general are not very good at keeping private correspondence to themselves. Rockpocket 08:51, 1 December 2007 (UTC)

Let me add what I know about this:

  • Tuesday Nov 20 14:21 UTC I asked Durova for a copy of her report.
  • Tuesday Nov 20 19:42 UTC Durova sent me a copy of her report.
  • Tuesday Nov 20 20:23 UTC I asked Durova if she had sent her report to Arbcom-L.
  • Wednesday Nov 21 01:51 UTC Durova answers that no she hadn't.
  • Thursday Nov 22 18:41 UTC I asked Durova for permission to forward to the Arbcom-L, her latest email to me which contained a copy of her report.
  • Thursday Nov 22 18:58 UTC Durova gives her permission
  • Thursday Nov 22 19:17 UTC I forwarded a copy of her email to me, to Arbcom-L.

So according to my records, my recollection, and Durova's statement above, the first time I recieved the report was on Tuesday Nov 20 19:42 UTC and the first time the AC mailing list recieved the report was on Thursday Nov 22 19:17 UTC.

Paul August 22:11, 30 November 2007 (UTC)

Addendum: since !! has now said that that he was the person who passed the information to Giano, I can now add a bit more. From a comment !! made to me, I believe that he had access to the "report" prior to Durova sending me a copy. From this I conclude that unless someone other than !! passed this along to Giano, Arbcom-L could not have been the source of the leak. Paul August 22:40, 1 December 2007 (UTC)

Regardless of who leaked the email, the cleanup of ArbCom-l is long overdue

No one is suggesting that the email was leaked by a member of current ArbCom. The list, however, includes a whole lot of people in addition to the ArbCom members. This just makes no sense. There is no reason why anyone but the ArbCom members should have access to the lists. Arbitrators Emeritus (what a term coined by Kelly!) should not be on confidential lists. They are just editors not bound by the implicit arbitrators code of conduct. For instance, they may write and post "statements" to cases and take part in them. Does anyone else see a problem when someone who can listen to the private deliberations of judges can also to take part in the court proceedings?

It took a huge effort to have Kelly ejected from the list overcoming her resistance after she resigned "under cloud" and it was long since obvious that she has no community trust to have access to confidential information. Right now, for instance, subscribers include David Gerard. Was community vetted ever on whether this person is trusted with Confidential info? Mind you, Essjay was on the list too without being even voted on being trusted. Perhaps this incident is a good opportunity to remind to take a long overdue action on formulating a set of rules on who can and who cannot be on the list. --Irpen 19:33, 30 November 2007 (UTC)

Reality check time.
Date: Thu, 21 Sep 2006 15:27:08 -0500
From: "Kelly Martin" <kelly.lynn.martin@gmail.com>
To: arbcom-l-owner@wikimedia.org
Subject: unsubscribe
Delivered-To: kelly.lynn.martin@gmail.com
Please unsubscribe me from the arbcom list. I don't remember my password.
Kelly
Note the date. Compare to the date that the resignation of my adminship became effective, according to the log at meta. This discussion may or may not have merit, but it certainly will not have merit if it is driven astray by flatly false claims about the state of reality. Kelly Martin 21:19, 30 November 2007 (UTC)
Good points. Former members of ArbCom and others aren't bound by ArbCom rules. Maybe the list could be limited to only ArbCom members who stand a chance of being able to participate in the decision? John Carter 19:35, 30 November 2007 (UTC)
Curious that you ask if David Gerard has ever been vetted for handling confidential information. You are not aware, presumably, that he holds Checkuser and Oversight powers, and in fact was Misplaced Pages's first checkuser (and for a long time its only one). I would suggest, Irpen, that you're being a little over-ambitious, and although I know little of your history I think I detect a certain animus against the arbitration committee. --Tony Sidaway 19:51, 30 November 2007 (UTC)
Not to mention that David Gerard is on OTRS and Communications Committee. He has access to far more dangerous things than Arbcom private information. I think he's well proven his trust. SWATJester 20:52, 30 November 2007 (UTC)
No animus at all, Tony! Not against the committee at least but against certain individuals with the history of backroom deals. As far as DG goes, I am well aware of his CU and Oversight powers. But you, perhaps, misread what I wrote. I never said that he has no powers. I said that community was never vetted on giving him those powers. All ArbCom members have those powers too and their election voting page is the proof of the community support for them to have powers and access to sensitive info. There is no such indication for David Gerard, there was none for Essjay. And if we are talking about people getting the sensitive access without vetting for the community trust, here is another recent example.
I am not against ArbCom, Tony. Although I emphatically disagreed with some of its members, I treat their position with respect. They all have gained their positions with a wide community approval and I respect the community approval regardless on whether I agree with the community on those individuals. But I am talking about cases when no community approval was expressed (or sought.) --Irpen 20:12, 30 November 2007 (UTC)
Tony, it's definitely true that someone leaked information about posts I had sent to the ArbCom to Kelly Martin and Cyde. Cyde actually told me himself on one occasion that he knew what I had written to ArbCom. I've raised this issue elsewhere too, and wouldn't have raised it myself in public, because it unfairly smears all the members of the ArbCom who can be trusted with confidential material. But now that someone else has mentioned it, I have to say that I myself would not send anything sensitive to the ArbCom mailing list. That's a great pity, because we need a group of trusted, senior editors we can confide in. The knock-on effect of not having such a group is that Jimbo gets asked to deal with a lot of issues on his own, which isn't fair to him. The bottom line is that the ArbCom does need to get its own house in order. No one expects them to be paragons of virtue, but leaking material to someone who is likely to stick it on her blog — and who has allowed what she thinks is the real name of someone else on the ArbCom mailing list to be published on her blog, without that person's consent — is the height of folly. SlimVirgin 20:18, 30 November 2007 (UTC)

In total agreement with Slim. We need to restrict access to the sensitive info only to members of the community who are trusted by this community. I am not aware of any better way to gauge this trust than the ArbCom election itself. Those who have never went through it cannot claim to have been trusted. Same applies to "arbitrators emeritus". Trust cannot be eternal. Someone who have been trusted 5 years ago or so (when the vote for that person took place) cannot be guaranteed to have this trust forever. By restricting the ArbCom list to the current members, we would make a huge step to make the privacy of the ArbCom list truly meaningful. This should not be misconstrued as an attack on all the former ArbCom members. I checked their list and I have a huge respect to many of them. But we need clearly spelled out rules and they should be followed. Misplaced Pages privacy policy needs to be upheld to the highest standards. --Irpen 20:33, 30 November 2007 (UTC)

This sounds all sensible, Irpen, until I look at what you're actually saying. You're claiming that David Gerard has never been vetted by the community, yet he won the sixth highest number of votes in the December 2004 arbitration committee elections, in a field of 34 candidates. Moreover, the arbitration committee itself decides who is to be a member of the arbitration committee list. If you personally don't trust it and think someone has leaked information, send your evidence, including any mail headers you may have, to the committee. And he comes from a period when checkuser was not widely distributed. He was the only checkuser for a long time. Moreover he is a regular spokesperson for Misplaced Pages in the UK and Ireland, and even further afield. Trying to kick fellows like that off the commmittee mailing list really isn't sensible. --Tony Sidaway 20:50, 30 November 2007 (UTC)
I don't think it makes sense to focus on individuals here. And what you say about sending emails and headers, Tony, is pointless. That information is obtained confidentially and so obviously it can't be used as evidence. I could forward my email from Cyde but you know as well as I do that the ArbCom wouldn't take it seriously. After all, what can they do with it? It doesn't tell them who the leaker is.
So moving away from particular individuals or examples, what we do know is that someone from the ArbCom is forwarding material to some irresponsible people, who are in turn alluding to it publicly, and spreading it around in e-mails. The question is, what can be done about this, in general terms? SlimVirgin 20:55, 30 November 2007 (UTC)

Tony, there is no reason to believe that someone trusted four years ago retains the trust today. This is why we have term limits. I brought up DG merely by example although, I admit, I was not aware of this ancient (by WP standards) history of 2004 vote. His name in the list caught my eye specifically because I have reasons to consider this specific person untrustworthy due to the incidents that took place onwiki in the open and that may be just me. We can discuss it, Tony, at your (or mine) talk page. Moreover, I tried to get answers to those questions and deafening silence was unsettling. I would me more than happy to receive the answers at any point of time and would happily see the plausible explanation if offered (I cannot come up with any.)

The issue at hand, however, is more important. The rules that regulate the access to sensitive information need to be clearly spelled out and enforced. Those rules should be sensible and meet a wide community consensus. --Irpen 21:07, 30 November 2007 (UTC)

I find your suggestion that David Gerard, OTRS, Checkuser, Oversight, Communications Committee, is in any way regarded as untrustworthy by the community quite extraordinary. You're going to have to try harder than this, Irpen. If you have any evidence against him, submit it to the arbitration committee and stop making baseless allegations. --Tony Sidaway 21:10, 30 November 2007 (UTC)
And I think you owe both Kelly Martin and David Gerard a good, honest apology, Irpen. Please don't bandy about these loose accusations if you expect your arguments to be taken seriously. --Tony Sidaway 21:25, 30 November 2007 (UTC)
Could we instead just focus on the problem? There is a perception (right or wrong) that the ArbCom mailing list can't be trusted. The effect of this is that arbitrators are not being kept in the loop, and that Jimbo is having to deal with certain issues himself. I think everyone can agree that this is a bad state of affairs. So the question is: what can we do about it? Are there any suggestions? SlimVirgin 21:31, 30 November 2007 (UTC)
I'd like to think that we could focus on a problem, but really what I'm seeing is two editors making pretty serious allegations, which they explicitly refuse to support, against members of the arbitration committee mailing list. If you can't be bothered to forward your evidence to the right place, then I can't be bothered to care. Sorry. --Tony Sidaway 21:41, 30 November 2007 (UTC)
I suspect that you would find that there is not a consensus that the ArbCom-l list cannot be trusted; in fact, I suspect you will find that the number of people who hold that opinion may be counted without resorting to the removal of footwear. Please, take your paranoia and be gone from here with it; it has become tedious and annoying. Kelly Martin 21:42, 30 November 2007 (UTC)
It's likely to continue being tedious and annoying, so try to get used to it. SlimVirgin 21:54, 30 November 2007 (UTC)
I think what he was trying to imply was that there are individuals on that list who are not members of ArbCom. Also, at this point, saying that all the members of that mailing list can be completely trusted is kind of like saying that you knew the barn door was locked several hours after all the livestock ran off. I don't myself think that any particular individuals were necessarily specifically mentioned to call those individuals into question, but maybe just to provide examples. However, it does seem clear that at least one person on that mailing list can't be trusted as much as they evidently were. I'd like to apologize to anyone who thought they were individually being singled out for criticism, by me or others, and hope that the discussion can continue about whether the mailing list could be adjusted to maybe ensure greater accountability among those who receive it. And my apologies if my phrasing of any of the above was inappropriate. Diplomatese ain't my strong point. John Carter 21:49, 30 November 2007 (UTC)
What can be done to ensure accountability, or at least improve it? SlimVirgin 21:54, 30 November 2007 (UTC)
I'm honestly and truly baffled that restricting ArbCom mailing list access to standing ArbCom members is controversial or offensive in the least. Vassyana 22:26, 30 November 2007 (UTC)
In all honesty, I can't see any real objections to that idea myself. Doing so might make it easier to find anyone who does leak information, and would probably make it more likely that, if one of the ArbCom does leak, someone would be willing to name them on the basis of their failure to live up to their obligations. It won't necessarily prevent similar events in the future, but with any luck it might make them less likely. John Carter 22:34, 30 November 2007 (UTC)
Trying to see this from Jimbo's perspective, I think he likes the idea of having a group of trusted editors he can turn to for advice and feedback. He also likes having some continuity between the old ArbCom and the new, so that more experienced people can advise the more recent ones. The problem with the situation is, in part, that the list is getting ever-larger, and so leaks become more likely. Also, once someone is on the list, they're on it for life, as it were, unless something really egregious is shown against them. And it only takes one to destroy the trust people have in the list.
What I'd like to see instead, if Jimbo wants a group of people to turn to for advice, is that he set up such a group -- chosen by him, not elected -- of people who can be trusted absolutely not to forward information to people who will post it on blogs, hand it to attack sites etc. It's never possible to trust someone 100 percent in every regard. But there are lots of experienced editors on this website that I know would never hand confidential information to someone who might publish it, or forward it to someone who might harm the subject of it. Jimbo should choose a group of people that he feels he can say that of, and leave the ArbCom to discuss cases that are brought before it. SlimVirgin 22:45, 30 November 2007 (UTC)
That makes sense. The vagaries of elections can be unpredictable, and longstanding familiarity with an individual volunteer (which everyone here is) is probably a better predictor of character. And, considering that the list isn't necessarily directly tied to "official" wikipedia, those individuals could be just "drafted" onto the list. It might help to give those individuals some sort of quasi-official status, though, somehow, to prevent future aspersions of elitism. John Carter 22:50, 30 November 2007 (UTC)
The current situation leaves Jimbo in a position where he has to choose arbitrators from an elected list, which may consist of people he has absolutely no knowledge of. All he can see is they're willing to give their real names (and we have no way of checking that), and that the community seems not to mind them. None of that tells you whether someone can be trusted. You need quite a substantial amount of interaction with someone before you get to know their quirks, and start to get instincts about "I can trust them regarding this type of thing, but not regarding that type of thing." When it comes to deciding who should handle very sensitive information, it's that level of prior interaction that is needed, and which the current system can't deliver. SlimVirgin 22:59, 30 November 2007 (UTC)
What you've said there actually reads like an argument against giving the current AC confidential information. I thought you were arguing for the community-selected group - David Gerard 23:01, 30 November 2007 (UTC)
No, I'm saying it's clear someone on the ArbCom or its mailing list has leaked information to someone who couldn't be trusted with it. I'm also saying I think this is inevitable where you have a situation of people being elected who may have interacted with Jimbo only sporadically or not at all, and that it's therefore likely to get worse, not better. So I was suggesting separating the advice role of the ArbCom, which Jimbo likes, from its main role of dispute resolution. Elect a small group of people to do dispute resolution, and Jimbo can appoint a larger group of people he actually knows to act as a confidential sounding board, if he feels he needs one. SlimVirgin 23:20, 30 November 2007 (UTC)
That is the worst idea I have ever heard mooted on Misplaced Pages. Giano 23:26, 30 November 2007 (UTC)
Slim, Jimbo is a big boy. He can have as many mailing lists as he wants, on and off Misplaced Pages, to receive advice and banter with various people. I don't think there is a single person in the project who believes the only people he talks with or listens to are members of the Arbcom mailing list; and if he is relying only on the people he "knows" then he's missing out on an awful lot. The mailing list under discussion is primarily for the use of the Arbcom members, it reportedly has an akashic record, and frankly if they want to kick someone who is a non-serving Arb off the list, they can. If you or anyone else have a concern about privacy violations, please advise the Ombudsman. Risker 20:12, 1 December 2007 (UTC)
The reason is for institutional memory and advice. Presumably Jimbo and the AC will continue to maintain the list as is useful to him and them - David Gerard 23:01, 30 November 2007 (UTC)
It sounds to me like what might be being proposed here is potentially making ArbCom at least somewhat "officially" tied to Wikimedia. That might not be a bad idea. Would there be any way to make the ArbCom a bit more "officially" tied to the Foundation? John Carter 23:16, 30 November 2007 (UTC)
Institutional memory is a good thing, but when people won't send the ArbCom confidential material because they don't trust it to remain confidential, then obviously there's a problem that needs to be solved. No point in ignoring it, and David, this is not a matter for the ArbCom itself. It's a matter for the entire community if the body they're electing representatives to has a problem as fundamental as that. Sometimes people are required to interact with the ArbCom. Therefore, we have a right to know that it's fundamentally trustworthy. It's in the ArbCom's interests to sort it out too, because it means you're not being told things that it might be quite useful for you to know. SlimVirgin 23:20, 30 November 2007 (UTC)
Where in hades did this come from, Sarah? The former members are on the list for the purposes of institutional memory, and providing some non-binding advice to the incumbents. I can safely say, as one arbitrator emeritus on that list, that the former arbitrators there have, on numerous occasions, talked current arbitrators over the years out of making some pretty bad decisions - put another way, without that private advice there, I think public perception of the arbitration committee would be a whole lot lower. The email that Giano posted had, by my guess based on the information posted above, probably been through the inboxes of about fifty different people by the time it got to him. Anyone could have leaked that email, and frankly, I could care less who it was. There is simply no evidence to suggest that anyone has leaked anything from arbcom-l at all, much less to attack sites or blogs. Sarah, I've regularly agreed with you in the past, but you seem to be really jumping at straws lately. This allegation that arbcom-l is leaking has been dreamed up out of nowhere, and has zero substance behind it. Rebecca 11:10, 1 December 2007 (UTC)
Rebecca, I know this is a long thread, but Sarah stated above that an email she sent to Arbcom-L was leaked to Kelly Martin and Cyde. You should probably ask her privately if you want to know the details. Thatcher131 13:24, 1 December 2007 (UTC)
Rebecca, first of all, I'm not implying I think the ArbCom leaked the e-mail to Giano. Secondly, Kelly Martin has just confirmed by e-mail that someone has, indeed, kept her informed of ArbCom business from time to time. SlimVirgin 17:15, 1 December 2007 (UTC)
I also seem to remember something about e-mails being leaked to SV, no? Still, I see no reason to assume that the leaks are former arbitrators. Phil Sandifer 14:20, 1 December 2007 (UTC)
Institutional memory is a good thing, but it doesn't require all former members to be on the list. The ArbComm already has three tranches. So one possibility is just having the current members on the list - they provide institutional memory. This (or any alternative) could be supplemented with an former-arbcomm list that the current arbcomm can ask questions of should a case from before their time. There are early resignations and inactivity, so another possibility is having the current and prior year's members on the list. Another could be a rule that anyone who loses or resigns any bits in controversial circumstances also is removed from the list - at least some of those we have specific reason to doubt the community trusts them would be removed that way. Another alternative is to automatically prune anyone who is a party to an accepted case, and restore after the case only if no sanctions are proposed against them on the proposed decision pages. There are lots of ways to keep institutional memory available while pruning out members who have lost the community's trust, provided the committee chooses to use them. The choice of whether and which is the committees. GRBerry 02:43, 1 December 2007 (UTC)
One other point. There are two related issues here, each of which deserves consideration. The first if that there are people on the list who are not actually trustworthy, then things sent to the list will leak. It is stated above by SlimVirgin that this has happened. Even if everybody on the list is actually trustworthy, the second issue still exists. The second is that if there are people on the list who a significant portion of the community does not trust then material that could be important won't be sent to the list in the first place. Regardless of jayjg's trustworthiness, can we really say that his presence on the list won't tend to prevent pro-arabic editors from sending material about the perrenial middle eastern disputes to the list? If we are honest with ourselves, we know that a lot of them think he is a problematic editor. That example was obvious from glancing at the list, and those disputes are likely to last beyond the tenure of the members we are electing next month; but any other issue where an Arbitrator or former Arbitrator has/had to recuse has the potential to be similar. GRBerry 02:57, 1 December 2007 (UTC)

Regardless of who leaked the email, the cleanup of ArbCom-l is long overdue (section break)

  1. The very only thing I will say about this subject is that I have believed and stated publicly that "former arbitrators" should not be on the mailing list. This is simply because the usefulness of the list is in discussions of the current cases, and those who do not sit on current cases need not be there, and so long as "former" arbs are on the list, confidence in it is shaken. Since a few former arbs have lost the trust of the community, the mailing list's privacy gets harder to respect when they retain discussion on current decisions.
  2. This said, I know that many, if not all, of the "former arbs" on the mailing list have been quite useful and helpful. However, they can still be sought. It is still possible, if the mailing list were purged, for a subscribed member to send a digest to a former arbitrator, seek an opinion, and post it to the list. Subscribed members seek clarification and information from outsiders under their own names and accounts, as they should, but if the list has a seal of privacy about it, then that seal cannot be respected with former arbitrators having full access.
  3. Finally, this mailing list is a point, but it is not as important a point as the "reform" sought in general. When discussions of changing arbitration committee procedures can be stymied by extraneous votes from "former" and "respected" arbitrators, the ArbCom will not be able to adapt and respond to the needs shown by a crisis. It also will not be able to maladapt and show its worst face. The presence of all who came before on the decision making process makes change all but impossible, and this is good and bad. I think it is generally bad.
  4. For those shining a light on this issue and those worried about privacy, the arb-l list has always leaked like a Swiss cheese canoe. It will continue to do so. Myself, I take this as a sign of good. I take this as testimony to the arbitrators having enough humility to look for input (and yet they're cosseted by position and "secrecy" so that they have to pretend otherwise), enough pettiness to seek to play to the audience (and yet get the smug and dirty pleasure of saying that all is private), enough outrage to protest an abuse by leaking (and yet being tied down so that they cannot confirm or deny the abuse's existence). "Former arbs" should not be on the mailing list, in my own opinion, as regular recipients, although getting a digest would possibly be fine (dang... I try not to offer practical advice), but arbitrators would be well advised to try to reform their reform process. I say this only as a friend. Geogre 12:28, 1 December 2007 (UTC)
But leaks to someone likely to use it to harm people, or post it on her blog, are completely unacceptable. That can't be classified as "seeking input." SlimVirgin 17:15, 1 December 2007 (UTC)
FWIW, the ex-arbs really don't have a vote (per your point 3). We can most strongly advise (as in "I feel I must point out to you that you are approaching the edge of this cliff at this speed and will land this hard in this many pieces, so you probably don't want to do that. Really really"), but ultimately the current arbitrators are always in the hot seat. If Jimbo and the current arbs want things to work a particular way, they get them that way.
I might also note (as a somewhat interested observer) that this entire present call for reform appears to be chasing phantoms. I note a severe lack of actual verifiable backing for the claimed need - David Gerard 15:35, 1 December 2007 (UTC)
As I said above, Kelly Martin just confirmed it, albeit only in general terms. SlimVirgin 17:15, 1 December 2007 (UTC)
Also, at the risk of repitition of myself, I wonder if it might be possible to change the existing nature of the ArbCom from it's current structure as being primarily elected by editors to a semi-official "function" of the foundation itself. I'm not myself aware as to how active ArbComs are in other Wikimedia entities, but it might make most sense to create a single ArbCom for the entire foundation, with its members perhaps nominated by editors of the various entities but actually selected by the Bureaucrats, Jimbo, or some other party or parties, to perhaps function across all wikimedia entities. And, in any event, while I personally have no objections whatsoever to having individuals sent copies of e-mails from the ArbCom list by other editors on the list, the fact that such already happens could be seen as being yet another indicator that they don't need to necessarily receive all of them as part of the regular mailing list, and that it might even make most sense, if this is even remotely possible, to encrypt the ArbCom mailing list in such a way as only a few can decode it, those being the sitting members, although any member of the committee could ask a clerk to send a copy to someone else, at the risk of that request being recorded somewhere. I don't know if such encryption is really a viable option, though. John Carter 17:26, 1 December 2007 (UTC)
If you don't learn the history, then I predict that no matter how valuable your ideas, you won't be on the path to convincing any of the people who could change this of the value of them - David Gerard 19:29, 1 December 2007 (UTC)
Who are the people who could change this? SlimVirgin 19:33, 1 December 2007 (UTC)
That'll be the first time you believed something because Kelly said it, then - David Gerard 19:29, 1 December 2007 (UTC)
I'm wondering why you're denying it, given how obvious it is from her blog, and given she has now confirmed it herself. Why are you so prickly about the idea that someone is telling her what's being discussed? SlimVirgin 19:33, 1 December 2007 (UTC)

Just a little footnote

The list of members of the list has been published for all to see on the page describing the Committee for six months now. I just updated it yesterday. If there are individuals in whom Slim (or anyone else) has doubts of the probity, please contact me (or whomever) and we will consider your request. James F. (talk) 19:42, 1 December 2007 (UTC)

Have you ever passed information about me to Kelly Martin, James? SlimVirgin 19:55, 1 December 2007 (UTC)
I do not believe that I have ever passed privileged information about you to anyone. In short, "no", of course not.
James F. (talk) 19:59, 1 December 2007 (UTC)
You qualified your answer with "privileged," so let me rephrase. Have you ever gossiped about me to Kelly Martin, and do you think you may have done so in a way that alluded to information sent to the ArbCom? SlimVirgin 20:09, 1 December 2007 (UTC)
For the purposes of clarity, it might help to indicate what particular reason you might have to ask such questions, so that anybody else who isn't familiar with the subject will have at least a clue why you ask such questions. John Carter 20:12, 1 December 2007 (UTC)
Please forgive me for answering the question I thought you had asked, given the context. :-)
I have not "gossiped" about you, either, though as that is a prejudicial term in this line of enquiry, and evaluation against it is subjective, our judgement on that may differ. Certainly, I have discussed you (along with countless other members of the community) with fellow members, both former and current, of the Arbitration Committee in the course of my duties there, both in cases and in the larger stewardship of issues. The general flavour of these discussions have been the expression of frustration that you and I do not work together more productively; if this is, to your eyes, "gossip", then I am sorry if you have felt in any way slighted, betrayed, or under-mined. I have certainly not leaked information about you, nor given any further information relating to you which is otherwise inappropriate; it would be fundamentally wrong of me so to do.
Sadly, given that you've been insinuating that this is not the case for over a year now - that, indeed, I have violated the trust placed in me, and have since lied about it several times, both to you and others - I doubt that you will ever believe me. As well as creating "political" difficulties for me, this is something I regret on a personal level. However, after many attempts to discuss this, I don't see much point in yet again re-igniting the stale embers. After all, discussion is a two-way process requiring good faith.
James F. (talk) 21:47, 1 December 2007 (UTC)
I think that qualifies as a response to the question I asked above. Thank you. John Carter 21:52, 1 December 2007 (UTC)
I wonder which sitting arbitrator Kelly was referring to then, in her e-mail. I can't think of any other arbitrator who would give her information. The problem with passing gossip to gossips, James, is that gossips gossip. SlimVirgin 00:53, 2 December 2007 (UTC)
There is no need for anyone who is not a reigning Arb to be on that list! Giano 21:56, 1 December 2007 (UTC)
Personally, I don't necessarily disagree, as I have stated above. The down side is so far as I can tell ArbCom itself doesn't necessarily decide who's on the list. That could be somewhat problematic. John Carter 21:58, 1 December 2007 (UTC)
I find former Arbitrators' input to be highly useful, particularly in the field of the very privileged information to which some object to them having access. For example, David and Dominic are very active in the area of CheckUser; Jay, Rebecca, and Sean keep us grounded in the editing community, from which some of us (me in particular!) are somewhat disconnected.
Also, we don't "reign", but "serve". But that's very minor. :-)
James F. (talk) 22:05, 1 December 2007 (UTC)

I can't think what made me think of reigning! The list does leak, we all know that and it has to stop. Let's not have an inquisition just work out ways of tightening it from now on, restoring confidence and moving on. Giano 22:09, 1 December 2007 (UTC)

But we can't be sure whether the leaks don't come from sitting members of the ArbCom itself, and that is a bit of a problem. Would there be any objections to just limiting the general list to only active ArbCom members, with them having the option to request a clerk to forward certain notices to select non-members? That might be one of the few reasonable compromises available here. John Carter 22:12, 1 December 2007 (UTC)
By "active", do you mean "current"? Or "active"? If it's the latter, it's a non-starter; we're not going to remove people from the list because they want to take a few weeks vacation; but even the former isn't really going to fly. Having former members of the Committee on the list is extremely useful for the current members; we're not likely to cut off our nose to spite our face here. Kirill 22:16, 1 December 2007 (UTC)
  • There is no reason why former members cannot be consulted, in confidence, in specific instances when they have a specialist knowledge of a particular subject. However these instances should be logged and recorded. A former Arb upon expiry of office shoule once again become an ordinary editor. The position is not pensionable. Giano 22:18, 1 December 2007 (UTC)
Another reason why former arbs should not be on the list is that former arbitrators may take part in cases, launch them, be defendants, comment, etc. Their being able to do that knowing what goes on inside the chambers puts them into a whole different league of users with respect to cases they choose (or are forced to) to take part as involved parties. No way case participants are allowed to go in and out of jury room in RL and there are good reasons for that. --Irpen 22:24, 1 December 2007 (UTC)
You are aware that sitting Arbitrators may also be parties to cases, yes? Kirill 22:48, 1 December 2007 (UTC)
Kirill, just a curiosity.. are those members then removed from the list for the duration of their involvement as a 'party'? Or are they left on the list with access to more than the average editor? Lsi john 22:55, 1 December 2007 (UTC)
I can't speak for Kirill of course, but my recollection is that access to the list is retained, but information concerning the specific case is communicated to uninvolved arbiters (who are not a party to the case) through means other than the list (I assumed email). R. Baley 23:18, 1 December 2007 (UTC)
They are left on the list with the understanding that they will not take part in discussions related to that case, if any. Removing them would unacceptably impede our other work (the case to which an Arbitrator is a party is typically one of many that we're dealing with at any point); and, in any case, Arbitrators are trusted to act with the proper discretion and decorum in such matters. Kirill 23:21, 1 December 2007 (UTC)
"Current", sorry. And by having the mailings made available at request to any other editors, potentially including trusted editors who were never part of ArbCom, and having such requests "logged", it might help address some of the concerns about knowing where any future leaks might come from, within ArbCom or otherwise, and there seems to be some real concern that the leaks might be come from non-current members of ArbCom. Having never been on the group myself, I don't know how difficult it would be to edit the ArbCom notices, but I would think that if any current ArbCom member had a standing request that party X receive notice, then that person would still receive notices, but at least there might be a bit more of a belief that the individuals receiving the mailings are actively trusted, and I think that the automatic reception of the current mailing list by some parties might be one of the concerns here. John Carter 22:26, 1 December 2007 (UTC)

I feel obliged to point out that, even reduced to current arbitrators only, the arbcom list would consist of 15 people. If we rather conservatively assume that there is a 10% chance that any given arbitrator will, at some point during the year, mention something that is happening on the list to one of their friends (remembering that we do not discourage Wikipedians from becoming friends) then there is, even with just the current arbitrators, an 80% chance that there will be a leak. And that 10% is pretty conservative. I would, in practice, guess that the certainty of arbcom list leaks is around 100% assuming that there is actually a mailing list of arbitrators. Phil Sandifer 00:32, 2 December 2007 (UTC)

I would also note that only person publicly accused of leaking information is James. I find that accusation to be without merit, and as a foundation for this discussion rather silly, given that James was and remains a sitting arbitrator! If this is some effort to take the fallout from someone else's list going to pieces and blow it back towards ArbCom, I'm unimpressed. Mackensen (talk) 00:49, 2 December 2007 (UTC)