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Clarification request: Gun control (Gaijin42)

Initiated by Lightbreather (talk) at 15:32, 6 May 2014 (UTC)

Case or decision affected

• Misplaced Pages:Arbitration/Requests/Case/Gun_control#Gaijin42_.28topic-ban.29

List of any users involved or directly affected, and confirmation that all are aware of the request:

• Lightbreather (talk · contribs · deleted contribs · logs · filter log · block user · block log) (initiator)
• Gaijin42 (talk · contribs · deleted contribs · logs · filter log · block user · block log)
• Scalhotrod (talk · contribs · deleted contribs · logs · filter log · block user · block log)
• Thenub314 (talk · contribs · deleted contribs · logs · filter log · block user · block log)

Gaijin42 and Scalhotrod notified here and here.

Statement by Lightbreather

Yesterday, Scalhotrod removed a "See also" link three times from the Gun politics in the U.S. article, as documented here: , (scroll down), and . Rather than then make a fourth revert, he unilaterally moved/renamed the article, as documented here: (I reverted it and asked him to talk about it first, but he moved/renamed it again.)

Within hours of these edits, this discussion was posted on Scal's talk page by Gaijin42. I don't know what the Wiki-term is for this, but it seems like coaching to me. It's not specifically about gun control, but it's related to material Scal had been warring with me over off-and-on for five days. Is this kind of behavior OK?

@Beeblebrox @Seraphimblade @Salvio_giuliano et al. - I took this off my watch list earlier but just now realized that Scalhotrod has started making comments about my behavior here. Should I be responding to these? Because, of course, there are at least two sides to every story and I will defend myself if this is the place to do it. Else, could you ask him to please stop commenting about my behavior in inappropriate places? I'd honestly prefer that he start something specifically about me if he has a beef with me and my edits in general. Thanks. Lightbreather (talk) 21:01, 8 May 2014 (UTC)

Also, I third Salvio's and Andy's suggestions to reconsider Gaijin's ban. Lightbreather (talk) 21:04, 8 May 2014 (UTC)

I asked Scal if he would redact his accusations about me, and his answer makes me wonder 1. Is it poor form to make such a request? and 2. Is it OK to redact something one says in an ArbCom discussion?

Also, FWIW, I'm noticing more IP edits on gun-control related pages in recent days - especially today. Lightbreather (talk) 22:53, 14 May 2014 (UTC)

Statement by Gaijin42

I provided a direct quote to a policy/guideline. Something I do for many users, including Lightbreather, for which she has specifically thanked me for. including her mentioning my helping her with policy multiple times during the ArbCom case. In this case, I did not edit any page or talk page of gun control, and did not discus any edits, arguments, or editors involved.

I had planned on asking for a clarification of the topic ban myself, but was going to wait for things to calm down first User:Gaijin42/GunControlArbClarification Gaijin42 (talk) 16:13, 6 May 2014 (UTC)

• Gaijin asked for the following to be copied to this page:

"I asked for clarification of the ban just above. That request had a specific reference to the SYG article. The edits were not "boundary testing". They were made in good faith that either the ban did not apply (because SYG is not a law that in any way addresses "governmental regulation of firearm ownership"), or that if it did WP:BANEX would apply as the content removed was both a copyvio and a BLP violation (WP:BLPCRIME, WP:BLPNAME, WP:BLPCRIME) to GorillaWarfare if the scope of the ban is anything related to guns, including second or third order effects, please clarify the scope for me, like I have asked for multiple times. A ban on "guns" is much broader than "gun control" and if that is the way it is interpreted, I am particularly concerned that the "people and organizations associated with" bit is effectively a ban on all governments and politicians. Gaijin42 (talk) 14:23, 8 May 2014 (UTC)"

• (Iselilja (talk) 15:56, 8 May 2014 (UTC))

Statement by thenub314

(edit conflict with above)

I found the move frustrating, because it was clearly the type of edit that people would like to discuss first. But there was no discussion and it seemed to be a somewhat heated move that was directly in response . I admit my knee jerk reaction was to move the article back and start a discussion but I found I lack privileges to move over redirects. In hind sight that probably saved me from a heated edit. But the unlevel playing field also adds to the frustration. But I too find the coaching (or appearance thereof) concerning. Thenub314 (talk) 16:17, 6 May 2014 (UTC)

Statement by Malke 2010

Agree completely with Beeblebrox's comment. Gaijin42, a lot of admins came to your defense and asked that you not be site-banned. I also supported you. It's disappointing that you are persisting with this. My best advice is for you to take everything associated with this topic off your watchlist. Find some other topic area on Misplaced Pages and start improving that area. Getting involved with something else will make a difference.

Statement by ArtifexMayhem

The following edits were made after five arbiters here advised the editor not to test the limits their topic ban,

• 00:40, 8 May 2014
• 00:41, 8 May 2014
• 00:43, 8 May 2014

I am at a loss to understand how the editor could possibly think that editing the Stand-your-ground law article would not be a gross violation of their topic ban. — ArtifexMayhem (talk) 07:10, 8 May 2014 (UTC)

Statement by Callanecc

I have blocked Gaijin42 for two days for breaching the topic ban with these edits which blatantly relate to the interaction of gun control and the stand-your-ground law. Callanecc (talk • contribs • logs) 07:25, 8 May 2014 (UTC)

After discussing it further with Gaijin42 on their talk page (which is worthwhile reading for the arbs as it explains Gaijin42's confusion), just clarifying that the block was based on the first edit to stand-your-ground law. Callanecc (talk • contribs • logs) 03:06, 9 May 2014 (UTC)

Statement by AndyTheGrump

I note that most of the comments in the 'Arbitrator views and discussion' section pre-date the above statement by Callanecc concerning a further clear violation of the topic ban. Accordingly, I ask that those ArbCom members who have not yet done so reconsider their position, in the light of this evidence. It seems to me self-evident that #Gaijin42 is unwilling to comply with the topic ban (the edit being clearly within "the social, historical and political context of regulation") and accordingly must face the sanctions that were made clear to him when it was imposed - namely, that he be indefinitely site-banned from the English Language Misplaced Pages. His assertion that he was asking for the scope of the topic ban to be clarified prior to making the edit can hardly justify his actions - if he didn't understand the scope, the onus was clearly on him to get clarification first, not to make an edit, in the hope that it was out-of-scope. This was not the action of a person acting in good faith. AndyTheGrump (talk) 19:04, 8 May 2014 (UTC)

@Scalhotrod: "tangentially gun related as best"? Really? The edit in question involved the word "shot" five times, along with "shooting", "bullet wounds", ""threatened... with a gun" and ""licensed to carry a gun". That doesn't look 'tangential' to me. AndyTheGrump (talk) 19:39, 8 May 2014 (UTC)

@Scalhotrod: I have no idea what you are trying to prove by linking diffs to Gaijin's edits. I have clearly already seen them, since I have pointed out the gun-related content in my above post.

Regarding WP:BANEX, I could see the merit in Gaijin's claim that WP:BLP was being violated - but that wasn't what he said in the edit summary. Instead he made vague statements about 'vandalism' (which is clearly not relevant if one takes Misplaced Pages's understanding of the term) or a 'hoax'. Given that he knew that any gun-related editing was going to be contentious until the scope of the topic ban was clarified, the onus was surely on him to make it entirely clear that he was citing WP:BANEX to justify his edit. It should also be noted that Gaijin made further edits to the article, where WP:BLP was irrelevant - in an article that discusses firearms, and laws relating to their legitimate use. An article which Gaijin had explicitly mentioned in his request for clarification over the scope of the topic ban: as he himself wrote, the subject is 'often associated with gun rights/gun control, so may be covered by the "social context" clause'. Common sense says that having asked for clarification, and having explained why he thought that the article might be in scope, to carry on editing it anyway might result in sanctions. AndyTheGrump (talk) 20:56, 8 May 2014 (UTC)

Statement by Scalhotrod

I have several comments to make about this issue. First, this "clarification request" is in my opinion the result of WP:Wikihounding by User Lightbreather as indicated by her comment here. Second, I personally fail to see how an article related to self-defense is anything but tangentially gun related as best. The last way I would characterize Gaijin's actual edits to this article as a "gross violation" of his topic ban (see list above). I disagree with the Andy's extremely broad application of the banned subject. The article in question is far more about legal and civil rights issues than "guns". Gaijin has asked repeatedly for this exact clarification. Third, the accuser (Lightbreather) in this case has begun to openly allude to her bias or viewpoint towards gun related articles and the associated editors here and here. In the absence of the topic blocked editors, this User gone on what I would describe as a "gun related article binge" that is leading myself and others to question the neutrality of the edits. This has been observed by one User here along with an outright accusation of WP:OWNERSHIP activity here. --Scalhotrod - Just your average banjo playing, drag racing, cowboy... (talk) 19:19, 8 May 2014 (UTC)

@AndyTheGrump, reply

• 00:40, 8 May 2014, edit summary "unsourced, possibly vandalism/hoax additions", removal of a completely unsourced section titled "Questionable cases" that appears to be copyright vio content from here
• 00:41, 8 May 2014, edit summary "citation needed", tag added, nothing to do with "guns" in the content
• 00:43, 8 May 2014, edit summary "already discussed in first sentence of this paragraph. This statistic is limited to one study in florida, not represented correctly", again - nothing to do with guns

So if I understand this process correctly, the offense comes down to this edit:

• 00:40, 8 May 2014

...which initially broke the topic ban and subsequent edits were just "fuel for the fire". The evaluation of the offense is because more often than not, the occurrence or application of a self-defense law like Stand Your Ground (I assume attributed to the article sources) involves a firearm and that is why the block was assigned. Is this a fair and accurate assessment?

I'm not trying to be flippant and please do not read any sarcastic tone into my comment and question. I would like to earn Admin status someday and I sincerely wish to understand how these proceedings function. --Scalhotrod - Just your average banjo playing, drag racing, cowboy... (talk) 18:26, 9 May 2014 (UTC)

Statement by {yet another user}

Clerk notes

This area is used for notes by the clerks (including clerk recusals).

• Recuse Callanecc (talk • contribs • logs) 07:25, 8 May 2014 (UTC)

Arbitrator views and discussion

• It is obvious front he way that Gaijin's staement on the talk page was framed that he was aware he was skirting the edges of the TBAN. This is unfortunately all too common in the first weeks of such a ban and our reply in the first instance is generally to inform the user that if we see further testing of the limits of the ban it may become a siteban. Gaijin's cute little explanation here is as transparent as the ham-handed phrasing of the original post.

Gaijin, you are topic banned from this area. What this means is that the committee has determined that the project would be better off without your involvement in this one area, but that you are valued as an editor otherwise. So, I strongly suggest you simply take any page even remotely related to gun control off your watchlist and just leave it alone. Beeblebrox (talk) 17:26, 6 May 2014 (UTC)

Sigh. You wanted clarification, I hope the block clarifies things for you. This is where the phrase "broadly construed" comes into play. I don't think any of us believe that you honestly had no inclination that "stand your ground" could reasonably be interpreted as relating to gun control. Here's a simple test you can apply in the future: If you find yourself wondering if an edit might violate your topic ban, assume it does and don't make the edit. Beeblebrox (talk) 15:23, 9 May 2014 (UTC)

• Essentially what Beeblebrox said. A topic ban means to stay entirely away from the area, not to stand on its sidelines and shout suggestions to other editors involved. It is clear that Gaijin42's message was posted in response to an ongoing debate in the area covered by the topic ban. If this type of behavior continues, I expect blocks at AE or further consideration here will be the result. Being banned from participation in the area does not mean to find clever ways to remain involved and pretend not to be, it means to stay well clear. Seraphimblade 03:47, 7 May 2014 (UTC)
  • I tend to agree with Salvio. "Stand your ground" is a legal regulation which in the vast majority of its invocations covers the use of a firearm. Many of the laws even mention various points about firearms specifically. It is, as such, clearly and unambiguously covered by the topic ban, yet Gaijin42 edited there right after being cautioned that further boundary testing would be met harshly. (I don't consider SYG to even be on the boundary, it fits the wording of the topic ban very closely indeed). I'm very strongly considering whether we need additional action here. Seraphimblade 20:02, 8 May 2014 (UTC)
    • Looks like we're done here. I would reiterate that Gaijin42 should stay far away from the boundary of the sanction, or at very least ask about any questionable cases and wait for an answer before beginning to edit. Trying to nibble at the edges of a topic ban by finely parsing the language is not the idea of such a sanction, and it's why it's "broadly construed". Seraphimblade 13:55, 9 May 2014 (UTC)
• I agree with my learned colleagues. Gaijin, further instances of boundary testing will probably lead to sanctions. Salvio 09:25, 7 May 2014 (UTC)
  • I believe that a two-day block for Gaijin's most recent violation of his topic ban is much too lenient. The restriction in question was imposed as a last chance. In the week following the closing of the case, Gaijin first tested the boundaries of his sanctions, was warned in no uncertain terms that further instances of such conduct would not be tolerated and what did he do? Befire this request was even archived, he blatantly violated his topic ban again. In my opinion, a much harsher sanction is needed. Salvio 15:56, 8 May 2014 (UTC)
    • The two-day block was lenient, but I think we should let AE handle any further problems. AGK 11:58, 9 May 2014 (UTC)
• Agreed with all three above. Decline. AGK 11:20, 7 May 2014 (UTC)
• Agree with my colleagues. T. Canens (talk) 18:27, 7 May 2014 (UTC)
• Reiterating the warning and suggestion to remove gun-related articles from your watchlist, and declining the request. GorillaWarfare (talk) 04:20, 8 May 2014 (UTC)
• No action needed. Re Salvio giuliano's point, your history is correct, but I don't think we need to do anything further, as much harsher sanctions will follow inevitably in the event of any further violations. Newyorkbrad (talk) 16:17, 8 May 2014 (UTC)
  • I believe this request can be closed and archived. Newyorkbrad (talk) 16:56, 14 May 2014 (UTC)

Amendment request: Fæ

Initiated by Fæ (talk) at 12:10, 28 April 2014 (UTC)

Case or decision affected

This restriction is not logged as an action resulting from the Arbcom case. It was added when I was unblocked as documented on my talk page.

A previous discussion in advance of this request was made here in January 2014.

The restrictions were stated as:

1. topic banned from editing BLPs relating to sexuality, broadly construed
2. topic banned from images relating to sexuality, broadly construed

Statement by Fæ

I would like the committee to remove the restrictions. They are so broad that they remain blight major barrier to my return to productive work as a Wikipedian editor, my future employment as a Wikipedian in Residence, and ensure I cannot create proposals for, nor take a lead in, future Misplaced Pages projects.

Failing removal, replacing with a narrow and well-specified restriction that is relevant to the original complaint in 2011 (which never went to dispute resolution as it was resolved amicably with the other editor), would prove far less damaging, such as restricted from adding external links on BLP articles to sites featuring sexually graphic material, excluding external links to germane non-profit/charity archives with educational medical or political material, such as the Wellcome Digital Library, British Library or similar respected archive or museum. However even this seems excessive, when there are sufficient members of the Misplaced Pages community closely following my edits to ensure that any problematic link would be rapidly challenged and widely discussed for consensus.

The previous discussion confirmed that members of Arbcom are not of one mind on how to read the restrictions, leaving them interpreted as broadly as technically possible. This stops editing where there would be any way of interpreting the topic relating to sexuality, women's rights, or of LGBT cultural interest. Specific examples included:

• Suffrage in Britain.
• Ancient history connected to gender or sexuality. I have created Assyrian statue (BM 124963) only after reviewing it specifically with Arbcom.
• Women in Science edit-a-thons that touch on sexuality, for example my article on Professor Susan Lea, created before realizing her speciality is sexual assault.
• LGBT cultural initiatives within the Wikimedia LGBT programme.

Specific projects that these restrictions have made impossible, damaging content improvement for Misplaced Pages:

• Educational material to support Wiki Loves Pride 2014. Of the 100,000 images that I have been working with the Wellcome to make available (see demonstration upload set), a significant number relate to AIDS education and ACTUP posters, as well as more general LGBT related historic material. I am free to support these on Commons, but unable to help on Misplaced Pages.
• My proposal with an LGBT archive was withdrawn due to these restrictions. I was hoping to start this project back in February (diversity awareness month).
• I have not applied for Wikipedian in Residence positions in 2014.

In January it was suggested that I create new BLPs to demonstrate my competence (I improved several hundred before the Arbcom case). I have created the following articles in the last couple of months, mostly on living women:

Biographies

• Pat Thane
• Emily Simonoff
• Leone Ridsdale
• Amanda Ramirez
• Barbara Maughan
• Colin Skipp
• Hilary Little
• Cathryn Lewis
• Sarah-Jayne Blakemore
• Veena Kumari
• Elizabeth Kuipers
• Rachel Jenkins
• Khalida Ismail
• Myra Hunter
• ‎Patricia Howlin
• ‎Louise Howard (psychiatrist)
• ‎Laura H. Goldstein
• ‎Philippa Garety
• ‎Rosalie Ferner
• ‎Anne Farmer
• ‎Judith Dunn
• ‎Essi Viding
• ‎Trudie Chalder
• ‎Sarah Byford
• ‎Angelica Ronald

Historical biographies

• Margaret Stefana Drower
• Elinor Wight Gardner
• Helen Elizabeth Nash

Two of these, along with my photograph, were featured on Signpost as part of promoting Misplaced Pages's improvement during Women's History Month.

I believe the broad restriction was partly in place out of concern for my welfare. My interactions on controversial LGBT topics, LGBT safety rating for Wikimania bids and Ticket:2014033110012549, show that I can handle difficult discussion on LGBT topics and BLPs without inflaming debate.

@AGK: I am sorry that you read my request so negatively. I have removed the word "blight", which I meant in a technical sense (I am used to the word being used in a legal context), this may have set the negative tone you were reading into my statement. I am presenting the relevant impact the restriction is having, which includes employment prospects. My intent is not "martyrdom", but to ignore the facts would seem odd, particularly if a concern of the committee was to place restrictions as a means to protect me, or to protect Misplaced Pages from me. --Fæ (talk) 08:38, 29 April 2014 (UTC)

@Thryduulf: Responses to questions:

1. This is Arbcom's call, I have no issue with a gradual approach if they feel it is helpful.

2. First choice would be LGBT biographies and cultural images so I can support Misplaced Pages:Wiki Loves Pride 2014 next month and may be able to renegotiate the LGBT archives proposal I had to withdraw. The contested site back in 2011 was part of a legal case, adding a link to that website without a community consensus was a serious error in judgement. I have learned a lot about how to interpret policies both here and on other projects with regard to respect and dignity of the subject in the years since then. That case is quite distinct in my mind to the projects I have mentioned above where I can support Wikimedia with relevant illustrative historic images from respected sources, or images from public events illustrating contemporary LGBT culture.

3. I suggested a refined form of words above, though I wonder if rather than spending time debating a technical form of words better to define a restriction, a probationary period for BLP editing and images relating to "sexuality" would be pragmatic, perhaps running a log of articles as evidence of review during probation in preparation of restrictions being removed.

@Beeblebrox: @Worm That Turned: and all Arbcom members that have found my mention of future paid projects offensive. I apologise for mentioning this in my statement. It is completely irrelevant to this request and I have struck it. It was never my intention for this to be read as a criticism of the Committee. I understand how this was read as an attempt at manipulation of the Committee or a way to make a martyr out of myself. I hope the Committee can now ignore it. --Fæ (talk) 17:48, 7 May 2014 (UTC)

@GorillaWarfare, Newyorkbrad, Beeblebrox, Seraphimblade, and Worm That Turned: In the light of views for keeping a core restriction and gradual relaxation, I would like to suggest a simple amendment to relax the topic ban to introducing sexually graphic images or adding new information about living people's sex lives or sexual identity to articles unless there is an existing consensus to do so. This would enable expansion or creation of LGBT related articles and BLPs, including adding portraits or images such as the Wellcome Library's posters, historic images such as my restoration of an 1869 Park and Boulton photograph or cultural illustrative photographs as part of the forthcoming Wiki Loves Pride. As a good practice, I intend to stick to 1RR for both BLPs and topics related to sexuality. After six months, I would hope to appeal this remaining restriction for further amendment or removal. --Fæ (talk) 23:22, 7 May 2014 (UTC)

@Kurtis: Could you please provide evidence to support your claim that I attempted "to suborn the committee through position as chair of the UK Wikimedia chapter". Thanks --Fæ (talk) 13:29, 12 May 2014 (UTC)

@Kurtis: Sorry for spelling this out, "suborn" can be read as an allegation of an unlawful act between two or more parties, and if proven may lead to people losing their jobs or prosecution. Unless you have evidence that myself and others engaged in this act, please remove the allegation as statements like this tend to get re-cycled later as factoids, as has been my experience with the UK press. --Fæ (talk) 09:27, 13 May 2014 (UTC)

Thank you for your amendment. I firmly refute the assertion that I "attempt to subvert the committee through position as chair of the UK Wikimedia chapter". If you have evidence to the contrary, please put it forward either here, or to the Wikimedia UK charity's board of trustees for investigation. Misplaced Pages:BLPTALK applies to assertions about my life, as it does to any other living person. Please consider removing allegations where you have no verifiable evidence to support them, they do not help resolve the issue at hand. --Fæ (talk) 12:13, 13 May 2014 (UTC)

@Worm That Turned and Newyorkbrad: Thank you for discussing a motion. I may be wrong, but it may be worth clarifying that the issue was more about sexual images rather than images relating to gender identity, and that images such as my restoration of Park and Boulton are not sexual, but might be suitable for me to add to articles if considered to be about gender identity. It would be helpful if Rexx's suggestion were picked up, so that I were able to provide evidence at my next appeal of how my contributions to the encyclopaedia demonstrated the behaviour you require of me in order to remove the topic ban, similar to my list of BLP creations included in my statement, as was suggested in the January discussion. Thanks --Fæ (talk) 14:04, 12 May 2014 (UTC)

Statement by AGK

Fae's statement implies that the committee decision is affecting his real-life employment. This does not mean the ban was unjustified, and I am not impressed he would claim otherwise (or by the tone of his statement in general). As this subtextual martyrdom is the same sort of conduct that led to Fae's ban in the first place, I question whether he has reformed. AGK 07:05, 29 April 2014 (UTC)

Statement by Thryduulf

The Committee is explicitly required to act in the best interests of the English Misplaced Pages - it is not in their remit to consider how their decisions may or may not affect someone's personal life. In my opinion, this amendment request should succeed or fail solely on the basis of whether the Committee believes that removing or relaxing Fæ's restrictions will be a good or bad thing for the Encyclopaedia. Whichever they decide though, it is important that the reasoning is explained so that all parties may understand why that decision was reached. Thryduulf (talk) 18:23, 29 April 2014 (UTC)

@Fæ: Given that at this point a complete removal of your restrictions seems unlikely but a partial relaxation has not been ruled out, it might be helpful if you could offer some thoughts around the following questions:

1. If you were offered a partial relaxation, would you accept one (depending on the exact terms) or would you reject it in favour of an all-or-nothing approach?
2. If you do want a partial relaxation, is there one area you'd prefer to see relaxed first?
3. Again only relevant if you do want a partial relaxation, but if the partial relaxation doesn't take the form of narrowing the scope, is there any looser but still realistic and practical form of restriction that you would be happy with and that you think would allow you to demonstrate to the committee that you are ready to return to full editing?

I guess input from the Committee other interested people about questions 2 and 3 might be useful to. Thryduulf (talk) 08:47, 3 May 2014 (UTC)

Partly per Seraphimblade, I don't think that this is very well worded motion as it is not easy to interpret. I think it would be clearer to replace the second restriction, "topic banned from images relating to sexuality, broadly construed", with something like

"topic banned from images relating to sexuality post 1000 AD, broadly construed"; or

"topic banned from images relating to sexuality, broadly construed, except where the image and any surrounding context relates entirely to pre-1000 AD"

(I realise that these options differ in whether the single year 1000 AD is allowed or not allowed, but unless Fæ indicates otherwise I highly doubt this will be significant). Thryduulf (talk) 07:22, 13 May 2014 (UTC)

Statement by RexxS

The question that ArbCom needs to address is how they are to manage restrictions on editors. If the intention is that certain editors are to carry restrictions forever, then be honest and say so. It is cruel to offer false hope and the editor affected at least can make a decision on whether they wish to continue editing at all under those restrictions or whether they will channel their energies into something else.

On the other hand, if Arbcom believes that no-one is irredeemable, then it would make sense to encourage whatever processes of rehabilitation are considered suitable. For infinitely banned users we have the standard offer, but I am unaware of any similar guidance for indefinitely restricted users. Were I in your position, I would be looking for clearly defined milestones that a user could aim toward in order to show that they no longer need restrictions to be able to edit productively and without undue conflict. If you are serious about bringing editors back into 'normal' editing, then you ought to be marking out timescales and expectations for targets that restricted editors could achieve to demonstrate their progress. Simply leaving them without any direction and having to guess how to demonstrate their progress is just not good enough. If that's too much work for ArbCom - and heaven knows your workload is heavy enough - then find some reliable way of delegating the tutoring of restricted editors back into full editorship. --RexxS (talk) 19:33, 29 April 2014 (UTC)

I understand ArbCom's desire to ensure that our BLPs are as free from problems as possible. I would therefore suggest in this case that someone - an ArbCom member, a clerk, or an uninvolved admin - assemble a collection of diffs of problematic BLP editing by Fae and enter into a dialogue with him on how he would avoid such problems in the future. That should give you a lead on what he must do to demonstrate that he has moved forward. Obviously, the more diffs he is given to address, the more time and effort he'll need to undertake in order to illustrate his progress. That would at least be a step forward in clearly defining the problems that need to be solved. --RexxS (talk) 19:26, 30 April 2014 (UTC)

Question by Cla68

Has Fae ever fully disclosed every single one of his sock accounts to the Committee as he was required to do? If so, please tell us that he has so the community can let that matter drop. Cla68 (talk) 01:46, 1 May 2014 (UTC)

Worm that Turned, acknowledged as resolved. Thank you. Cla68 (talk) 12:47, 6 May 2014 (UTC)

Comment by Wnt

The text of the original decision, with which I strongly disagreed, nonetheless finds only that "Fæ has added poor quality material to biographies of living people and, on one occasion, added a highly inappropriate link." So far as I understand, the link referred to is one which related a film "Superhead" to the person who comes up if you search that term on Google. I have to ask: why is such an anemic finding as this used to place Fae in what sounds like a very special category of people who are viewed as unrehabilitable? The repeated use of the term "at the moment" below seems out of place for a two year old case. How many years is does a moment last? Also, Arbcom has failed to explain how any editor is supposed to know when WP:WELLKNOWN does not really apply to information which is well known. So far as I know, no one has actually written any policy against providing information about porn stars, yet the clear lesson here is that Misplaced Pages is not a trustworthy competitor to Google on this sort of information.

The message I infer from this is that ArbCom believes it has to take a realistic view toward political issues, which includes such necessities as ensuring that articles about famous people don't include unpleasant information about them. Truth must take a backseat to power, and a part of that is that it is essential never to say it openly. Nonetheless, even assuming this unalterable reality, it's not clear why Fae has to take the brunt of it. And is there any reason why ArbCom would need to restrict Fae's editing about academic sexuality? Surely the prohibition could be limited to BLPs of sexual performers, while permitting him to do good work with BLPs of researchers doing sexuality studies or people advocating on LGBT issues, etc., without preventing anyone from keeping their unmentionables unmentioned.

Misplaced Pages's treatment of one of its best admins and prolific editors, which ignored and worked hand in glove with a cyberbullying campaign off-site, is appalling. Even so, it doesn't matter that much. Misplaced Pages remains firmly on a downward course in editing and readership and I fear the end may not be that far off. I hope that Fae will find a way to get involved in a successor prepared to take up the cause after Misplaced Pages's final foundering. Wnt (talk) 05:50, 10 May 2014 (UTC)

@Black Kite: I don't believe for a moment that Fae has "proved that he cannot be trusted". There was a range of opinion about his edits, with many of us finding them reasonable enough - more to the point, there was never any situation where he was given a chance to show he could "improve"; all the offending edits are ancient history from before any decision was made. And I think it's really offensive to say there was no upside to Fae's contributions, when he has contributed a torrent of great images and content edits to match, including those of sexual BLP related topics. Wnt (talk) 19:54, 12 May 2014 (UTC)

@Black Kite: I see no particular risk from Fae editing, but I do see a risk that you could lose what you admit is a very good editor, because either (a) with opponents closely watching him, he gets fouled up on some trivial technicality, or because (b) after seeing the totality of his contributions treated as if they have zero value, and looking at a future where he will apparently never be treated as the equal of a teenager logging in after school, and working here yields nothing but attacks and humiliation, he simply gets disgusted and leaves. I know many who opposed him would cheer that day as a victory but I can assure you it is not a victory for Misplaced Pages. Wnt (talk) 22:39, 12 May 2014 (UTC)

@Worm That Turned and Seraphimblade: I see a need for greater clarity on the text caption issue. For example, suppose that Fae wants to add an image of a Roman mosaic to an article with the caption (and perhaps some accompanying text in the article) that it was unearthed in 1974 on an expedition by A___, carefully restored by B___, placed in the C___ Museum of Roman History, where curator D___ described its discovery as a "key milestone in our understanding of how Romans viewed sexual identity". (Or it might plausibly be "irrumatio" at the end of that quote) Of the living persons A___, B___, C___, and D___, which are Fae not allowed to mention?

Statement by Kurtis

I would like to take this opportunity to publicly distance myself from a statement I made in 2012 following ArbCom's decision to ban Fæ from editing Misplaced Pages. In retrospect, I would say that I found him to be very aggressive towards other users at times, and that he handled criticism rather poorly. But the parts where I said that I have "absolutely no confidence in Fæ's honour, or his integrity", and that he will "never regain even a modicum of the trust necessary to be welcomed back here"? I don't stand by those statements today at all. I suppose I was responding more out of emotion than anything, and was upset by his attempt to subvert the committee through requesting a WMF official to intercede (at least, that's how it was presented). However, looking back, I believe he was on a downward spiral at the time. We all go through hard times where we say things we really shouldn't have. It's also unfair to cast all of the blame on him; he was the victim of a sustained campaign of harassment, after all.

So the question is, should we consider relaxing the restrictions at this time? I think there needs to be a demonstrated understanding of what constitutes a reliable third-party source, and how important it is that the citations used in an article assert precisely what they are referencing. This threshold is obviously amplified for BLPs. If Fæ can show that he has learned from his past mistakes, then it would serve no real purpose to keep the topic ban in place. For now, I think it would be best if he took the time to develop a better track record of conscientious article writing, and then return here in October-November to submit a second appeal. Once he has shown a greater understanding of his past issues, I would support lifting the active sanctions against him. Kurtis 18:30, 11 May 2014 (UTC)

@Fæ — That was the consensus among members of the 2012 Arbitration Committee. I don't know the full situation, but it sounded like an attempt to use connections within the WMF to subvert the Arbitration case. I'm sorry if I misinterpreted what they had said. Kurtis 05:18, 13 May 2014 (UTC)

@Fæ — I've altered the text to avoid misinterpretations of any sort (similar to the revision made by Jclemens at the time). But I do have to reiterate what the Arbitration Committee has said, that the onus is on you to avoid sabotaging yourself and your career with what you do online. You've tied your employment to your activities across the Wikimedia community, which can have a broad range of consequences depending on which course of action you take. Kurtis 12:00, 13 May 2014 (UTC)

I don't see why I should be required to provide evidence or retract any part of my above statement. I'm not making allegations, I'm parroting what was discussed in the 2012 ArbCom case. I even linked to the specific subsection where it was brought up. I don't see how anything I've written constitutes a BLP violation. Kurtis 07:01, 14 May 2014 (UTC)

I've rewritten that sentence so it will no longer present Fæ as having abused a position of trust in his capacity as chair of a Wikimedia charity. I did not intend to slander him in any way, and I apologize if that's the impression I had given off. Kurtis 08:27, 14 May 2014 (UTC)

I've removed the stricken text and other relevant aspects of the above statement pursuant to a discussion at the BLP noticeboard. Kurtis 15:59, 14 May 2014 (UTC)

Statement by Black Kite

There are 4.5m+ articles on Misplaced Pages. Fewer than 1% of those involve the restrictions that Fae is barred from, yet many of those are amongst the most controversial and prone to problematic content. Fae - via his current, and previous accounts - has previously proved that he cannot be trusted to edit BLPs in this area (nor, indeed, to deal with relevant images in those areas), so I don't see any reason for Misplaced Pages to expose itself (again) to possible problems with no upside whatsoever. Black Kite (talk) 18:25, 12 May 2014 (UTC)

@Wnt:. I didn't say there was no upside to Fae's editing per se (he is clearly a very good editor), merely that it would appear to be prudent to limit him to the 4,000,000+ articles that don't involve content with which there have previously been issues with his editing. Personally I don't think it's worth the risk. Black Kite (talk) 21:50, 12 May 2014 (UTC)

Clerk notes

This area is used for notes by the clerks (including clerk recusals).

• Changed to an amendment request as it is asking for a past decision to be changed. Callanecc (talk • contribs • logs) 03:23, 29 April 2014 (UTC)

Arbitrator views and discussion

• Recuse. AGK 07:06, 29 April 2014 (UTC)
• No. --Floquenbeam (talk) 15:53, 29 April 2014 (UTC)
• I'm still considering this, but I will comment on RexxS's point. There are editors that I have come across since I have been on Arbcom that I would say should never have their restrictions relaxed, just as there are a small number of editors who I would be reluctant to unban under any situation, even OFFER. I will say the area I'm least keen on relaxing restrictions is on BLPs where there has been previous problematic editing.

  Now, I'm open to a relaxation, but not a removal at the moment. I will need to think about what relaxation would be appropriate - and would be interested in hearing from other committee members to see if one is even worth proposing. Worm(talk) 07:52, 30 April 2014 (UTC)

  I've had a little while to think about this and have a few ideas on a possible relaxation. However, @Fæ: I have been struggling with your request due to the way you've framed it. AGK may have used evocative language but his point is well taken - if the ban is affecting your future livelihood, then that is unfortunate but should not be relevant to the Arbcom's decisions. It should not be down to the Arbitration Committee to ensure your livelihood - if you insist on tying your income to Misplaced Pages, you make damn sure to follow the rules. Raising the issue of future employment appears to be an attempt at manipulating the committee, similar to the behaviour which landed you in the situation in the first place.

  On top of this, you've implied that you are restricted from areas that you don't appear to be. Suffrage, for example, is about gender, not sexuality - and if you cannot tell the difference between those terms, you should not be working in either area. LGBT cultural outreach should not require you to be editing the BLPs. If you are leading by example, there are many non-BLP LGBT articles. The Assyrian statue you checked with us that it was outside the scope of the restriction, we agreed. There wasn't confusion there, no Arbs suggested it was a problem.

  @Cla68: per this, Fae needed to pass the committee a list of his accounts prior to being unbanned. I, for one, was satisfied with his disclosures and consider the matter resolved. Worm(talk) 12:08, 6 May 2014 (UTC)

  @Fæ: I've been struggling to come up with a relaxation that will actually allow further participation whilst at the same time keeping the protection in place. However, due to conversations we've had, such as this one, I'm no longer sure that a general "relaxation" is a good idea - I can see significant potential issues with allowing you to edit areas which cover human sexuality. What I will suggest though is a specific exemption - that of images regarding ancient sexuality. For clarity, I'd allow images relating to periods pre-1000AD, which I think is a very generous definition of ancient. I've posted a motion to that effect below. At present, I'm not willing to relax the BLP restriction, nor the image restriction that might directly affect BLPs. Worm(talk) 09:30, 12 May 2014 (UTC)

  Regarding RexxS's suggestion, if a committee member had the time to do that, I'm sure they would have volunteered, I wouldn't presume to tell a clerk or uninvolved admin to do so. I'm afraid to say that due to the voluntary nature of Misplaced Pages, people do what they want to do - if someone was interested in that role, I dare say they'd have made themselves known (and would be very busy... editor review is failing for this exact reason). Worm(talk) 14:17, 12 May 2014 (UTC)

  @Wnt: That would fall under the BLP exemption, not the image exemption. Whether it is a violation of the BLP exemption would be based on the context of the situation, but given the scenario described I would personally have no issue with any of the people being mentioned. That said, the sentence could equally be written without the names of the people involved, and I would advise Fae to take care in how he writes such captions to keep in mind his restrictions - which I'm sure he would. Worm(talk) 06:42, 14 May 2014 (UTC)

• If there were to be any relaxation, given that BLPs are involved and with the previous issues in the BLP area, it would have to be very, very gradual. I would be categorically opposed to a total removal of the ban, but might be willing to consider a narrow exemption for some particular purpose to gauge things, with an understanding that any problems will lead to that exemption being revoked. Seraphimblade 18:31, 30 April 2014 (UTC)
• Per the above comments, I do not think a wholesale removal of restrictions is what we want to do here but I might be persuaded to support a more gradual reduction on a trial basis. Beeblebrox (talk) 20:50, 30 April 2014 (UTC)

Fully agree with Worm's statement above. Sorry Fae, the best interest of the project, not your paycheck, is our bottom line. We already do the worst job here and we don't get a penny, so forgive my lack of compassion for your alleged inability to make money from your involvement with this volunteer-run non-profit organization. Now, if you want to drop the martyr act, show a little humility, and discuss ways in which your sanctions might be slowly eased back on a provisional basis, I am still open to that, but if you want to just appeal to our sympathy with your inability to get a Wikipedian in residence job, well, that's your own problem and your own fault. Beeblebrox (talk) 17:30, 7 May 2014 (UTC)

• I agree with the preceding comments. There is a core of restriction that should stay in place for now, but the boundaries may sweep too broadly. I have no interest at this stage in the issue raised by Cla68. Newyorkbrad (talk) 04:15, 5 May 2014 (UTC)
  • I completely agree with Worm That Turned that "sexuality" is quite different from "gender." Newyorkbrad (talk) 12:46, 6 May 2014 (UTC)
• I agree with Worm That Turned's statements above, but I am not yet sure if I agree with some of my colleagues that the restrictions should be relaxed. GorillaWarfare (talk) 04:22, 8 May 2014 (UTC)

Motion (exemption regarding ancient sexuality)

Proposed:

Notwithstanding the existing restrictions on his editing, Fæ is permitted to edit regarding images of sexuality in ancient and medieval times, up to A.D. 1000. This permission may be withdrawn at any time by further motion of this Committee.

Support

1. Proposed. Worm(talk) 09:30, 12 May 2014 (UTC)

   Copyediting of anything I write for the committee to vote is always welcome, it's not my speciality. Worm(talk) 13:47, 12 May 2014 (UTC)

2. Support in principle, though we might want to do a bit of copyediting. Newyorkbrad (talk) 13:35, 12 May 2014 (UTC)

   I've made my proposed copyedits to the motion. Any arbitrator who disagrees with them may revert in whole or part to the original. Newyorkbrad (talk) 16:58, 14 May 2014 (UTC)

3. Support, but would prefer with the change I suggested below. Seraphimblade 06:00, 13 May 2014 (UTC)
4. In the hope that it is understood that this very slight easing of the current restrictions is a sort of probation, and if there are any further issues in this area the pendulum will swing back in the other direction. Beeblebrox (talk) 16:58, 13 May 2014 (UTC)
5. My thoughts echo Beeblebrox's. Der Wohltemperierte Fuchs 19:10, 14 May 2014 (UTC)

Oppose

1. Not because this particular exemption is highly troubling, but because IMHO allowing the thin end of a wedge has higher costs than benefits to the encyclopedia in this case. --Floquenbeam (talk) 18:09, 12 May 2014 (UTC)

Abstain

Comments by arbitrators

• I'd be inclined to support this, but if we're going to allow the exemption, I would prefer to allow both images and text related to sexuality in ancient cultures. A literal interpretation of this motion wouldn't even allow a caption to be added to an image. Seraphimblade 05:56, 13 May 2014 (UTC)

  I'd be happy with a change if you want to put it in, but at the moment Fae is under 2 editing restrictions - images relating to sexuality and BLPs relating to sexuality. If Fae was under a topic ban re: sexuality, I'd have put it in, but otherwise the change seems rather moot. Worm(talk) 09:35, 13 May 2014 (UTC)

• You are correct, I misread. I don't think there's much chance of a BLP being at issue in that time frame. Seraphimblade 15:30, 13 May 2014 (UTC)