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Use this page to request clarification or amendment of a closed Arbitration Committee case or decision.

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Amendment request: Ryulong

Initiated by —Mythdon at 21:36, 29 January 2015 (UTC)

Case affected

Misplaced Pages:Requests for arbitration/Ryulong

Clauses to which an amendment is requested

1. Remedy "Mythdon further restricted"

List of users affected by or involved in this amendment

• Mythdon (talk · contribs · deleted contribs · logs · filter log · block user · block log) (initiator)

Information about amendment request

• Lift the new remedies and enforcement concerning verifiability and reliable sources at this remedy

Statement by Mythdon

I am requesting an amendment concerning the restriction barring me from verifiablity/reliable sources that came as a result of this clarification and this discussion

This restriction came as the result of me having unwilling to produce guideline for tokusatsu articles as outlined in the decision at the closure of the case while persisting in the behavior that led to various urges to seek outside input and work more collaboratively of my views regarding verifiability. There not long after I received a topic ban from Tokusatsu/Ryulong after this enforcement of the gratitious mention I made of Ryulong

I have not edited the tokusatsu articles since my unblock given as I held myself to voluntary restriction from editing the topic area

The edits I make these days include contributing to the articles I have interest including television stations and The Sims and making minor corrections to errors in articles like spelling and grammer and vandal fighting. I realize my activity has gone down a bunch since my unblock with having let go of all the old habits and old behaviors that led to my September 2009 banning which six months later when I repeated my habits I was blocked indef. My edits gone down a bit since my unblock and I go into spurts of being active and then inactive and then active again

Having no longer any interest to edit the topic area as I outgrew the subject area and having held myself to the voluntary restriction for the security of allowing myself get over the emotional attachment to the articles and to force myself to be productive in other areas. I had been asked and advised by various editors to go find other topic areas to edit while I was editing the topic area and honestly I can say I never made one positive contribution to the topic area but since my unblock I have made productive contributions to other topic areas with referenced content. I have been stumped on what to do about the situation about me being restricted commenting on reliable sources as on one hand I feel it be wrong to only return to the topic area as part of a process pertaining to a remedy but on the other hand if I have nothing to offer the topic area then I think if I just learned from the behavior that led to it that I can make things a fresh start in other topic areas and a new opportunity to avoid the confrontations and behaviors that led my past sanctions

But having learned from the behavior that led to it from my strict interpretations of policy and failing to collaborate with others about my stances and refusing to produce a guideline, what I am requesting is to lift the no commenting on verifiablity and reliable sources sanctions. I have been watching over the topic area even though I no longer edit it and none of the arguments that occurred that led to the guideline remedy are happening as most of those disputes during the time I edited was by a certain editor (myself) doing whatever he could to get the topic area to where he saw fit as most of the never ending disputes were initiated by myself. So the way I see it is this restrictions purpose has been served in having learned from the behavior and its been five years and a lot of the topic areas problems left when I was topic banned and is now only moot as if I were to source an article I would not be allowed to discuss it if an editor were to question my edits

If the sanction should be lifted I will promise to avoid any behavior that led to the sanctions and urges on verifiability and will work more toward an effort to collaborate on verifiablity and to let go of the old strict interpreations of policies including verifiablity which I already no longer am hung up on strict disruptive intepretation of policy. But if the arbcom decision should be that I return to the topic area to help produce a guideline then thats what I will do. Most of the arbs that were arbs at the time this was put in place are no longer arbs and I recommend all arbs take a look at the case before coming to any decision. I will be bound by any result the arbcom should come of this. Thank you for taking the time to read. —Mythdon 21:36, 29 January 2015 (UTC)

Comment by uninvolved Ncmvocalist

I know much of this case from start to finish, and there is a long history so there will no doubt be some uncertainty regarding what happened here. To bring some context to this, after the original case remedies were enacted Mythdon had initiated a significant number of "clarification/amendment" requests (brace yourself as there's a bit to read in each: ). The third request/diff is the discussion where this restriction was imposed by way of motion, and his last request is found in the last diff where the site ban in 2009 was imposed. I understand Mythdon appealed to the committee but ultimately his 2012 appeal was directed to the community. The appeal was successful (the community agreed to lift the site ban).

Overall:

• I don't oppose this appeal to lift the further restriction, despite an initial reservation regarding the obvious timing of this appeal. He seems genuine in his intention to abide by his promise that we will no longer see the previous disruptive conduct he exhibited (such as tendentious editing, harassment, treating Misplaced Pages as a bureaucracy, etc.) which brought about the remedies + further restrictions in this case.
• I think there should be explicit mention on the case page that if the same problematic conduct issues arise, it should be brought back to the committee to deal with swiftly. I don't think it would be appropriate for dispute resolution to have to start from the bottom if issues persist.
  • 5 years, 5 months & 28 days ago is not really the way to look at the duration. Even though the restriction was imposed in August 2009, he was site banned from September 2009 to just before December 2012, so it was only really in place from 2013 - though that isn't much to go on seeing Mythdon made just 85 edits during the entirety of 2013, most of which were over just 3 days in July. So we are then looking at 349 edits from 2014, most of which were during May and June 2014. If that's the sort of irregular activity we can expect, maybe it won't be an issue - but I expect it will increase (seeing his edits were at 2500+ in 2009 and and 4000+ in 2010 when problems were constantly recurring).

I hope that assists somewhat anyway. Ncmvocalist (talk) 07:37, 31 January 2015 (UTC)

Statement by Kurtis

I was around back when Mythdon was originally banned. At the time, he was known for being extremely terse, unfriendly, and overly concerned with trivialities. See his first RfA back in 2009 to get a sense of what I mean by that. But I don't think it's really relevant anymore, as he's clearly changed quite a bit. He has expressed a genuine understanding of where he went wrong, and as far as I can tell, there have been no problems since being unblocked.

This sanction serves no further purpose and should be lifted. Kurtis 09:20, 31 January 2015 (UTC)

Clerk notes

This section is for administrative notes by the clerks (including clerk recusals).

Ryulong: Arbitrator views and discussion

• That restriction predates my time on this Committee to the point that I'd never actually tried to parse it. And it is a doozy. I read it, and I'm not sure what the 2009 ArbCom was really trying to do, or what the end restriction actually is. (Example; "Mythdon is prohibited from making any comment on reliable sources or verifiability unless comments are made at the talk pages of those guidelines and policies". Is he banned from questioning the reliability of an individual source, or discussing those polices in the general case?) I'm not familiar with this user, but the clean block log since being unblocked in the fourth quarter of 2012 speaks positively. Courcelles 21:07, 30 January 2015 (UTC)
• "5 years, 5 months, 28 days ago" - whew, that's a long time. I'd be interested in seeing any arguments against this. Dougweller (talk) 21:57, 30 January 2015 (UTC)
  • Support - my comment about the length of time reflected my opinion that that's enough time for someone to change their attitude. I agree with Ncmvocalist that there should be an "explicit mention on the case page that if the same problematic conduct issues arise, it should be brought back to the committee to deal with swiftly." Dougweller (talk) 11:41, 31 January 2015 (UTC)
• Inclined to support. Going to go through archives to determine what exactly they were going for first though. NativeForeigner 07:50, 1 February 2015 (UTC)

Amendment request: Argentine History

Initiated by Cambalachero (talk) at 21:30, 28 January 2015 (UTC)

Case affected

Argentine History arbitration case (t) (ev / t) (w / t) (pd / t)

Clauses to which an amendment is requested

1. Remedy 1

List of users affected by or involved in this amendment

• Cambalachero (talk · contribs · deleted contribs · logs · filter log · block user · block log) (initiator)

Information about amendment request

• Exemptions for the articles Raúl Alfonsín, Carlos Menem, Fernando de la Rúa, Adolfo Rodríguez Saá, Eduardo Duhalde, Néstor Kirchner, Cristina Fernández de Kirchner and Pope Francis

Statement by Cambalachero

I am currently topic banned from articles that talk about Latin American history. As clarified here, the line between history and modern times in Argentina has been set in 1983 (end of the National Reorganization Process dictatorship, and restoration of democracy). The articles listed are the articles about the presidents of Argentina since 1983, and the Pope. As such, the bulk of their articles is/would be about their presidencies (or papacy), already within the allowed limits, and do not require any special exemption. However, the sections about their early lives and early careers usually need to explain the dictatorship and the dirty war, to provide the appropiate context. In other cases, the aftermath of the dirty war still sparked controversies in the national politics (see the dirty war article, sections "Truth commission, decrees revoked", "Continuing controversies" and "Repeal of Pardon Laws and renewal of prosecutions").

Have in mind that the original discussion that led to the case was about articles from the XIX century. Those small exemptions will not go anywhere near the original controversy.

In relation to modern Argentine events, I wrote the featured article 2013 Rosario gas explosion, helped to promote the articles Néstor Kirchner, Argentine legislative election, 2013 and 2012 Buenos Aires rail disaster to the "In the news" section of the main page. I also wrote new articles, featured in the DYK section, for 18A, 2012 cacerolazo in Argentina, 2012 fiscal austerity in Argentina, 2013 Buenos Aires train crash, Argentine quota law, Boudougate, Broad Front UNEN, Eduardo Arnold, Madero Center, Mario Poli, Periodismo para todos, Public image of Cristina Fernández de Kirchner, la Cámpora. Cambalachero (talk) 17:27, 29 January 2015 (UTC)

@DGG:: If an article about a modern controversy includes information about an unrelated historical one, I would consider it a coatrack article, needing to be fixed. An article must stay focused on its own topic. As for the limit, it's a limit established by the arbcom, to set which articles and topics are covered by the topic ban and which ones are not. Also this phenomenon you talk about is usually about issues that stay unresolved from one administration to the next, and so the media talks about both ones in relation to it. The phenomenon, however, only goes back for a limited time to the past. The media may talk about Bush when talking about issues of the Obama administration that started back then, but if some issue goes back up to Washington, Lincoln or other old historical times, its historical aspect is usually treated as trivia and dismissed from the news headlines, focusing instead on the most recent events related to said issue. Cambalachero (talk) 13:59, 30 January 2015 (UTC)

Add MarshalN20, the other user included in this topic ban, requested a precise clarification on the limits of the ban, which articles are included and which ones are not. It is archived at Misplaced Pages talk:Arbitration/Requests/Case/Argentine History#Request for amendment (December 2013), and it was agreed again by the Arbcom to set the time limit at December 1983. True, it was MarshalN20 who requested the amendment and it was only applied to him, but it's the same topic ban and it would be the same discussion. Cambalachero (talk) 15:19, 30 January 2015 (UTC)

Let's be less philosophical and focus more on tangible things. The article on Barack Obama is a featured one, and mentions George Bush, but does not mention George Washington or Abraham Lincoln anywhere. For similar reasons, a featured article of Cristina Kirchner would mention previous presidents but would not need to mention Manuel Belgrano or José de San Martín at all. There is a historical background for the gun control controversy, but there is no need to mention it in Obama's article, only the things related to gun control under his administration. Cambalachero (talk) 01:35, 31 January 2015 (UTC)

@Courcelles: The internet archives of online newspapers only go back up to a certain point, and the articles of current leaders (Pope Francis and Cristina Kirchner) are the most checked ones by casual readers, and thus the ones that should have priority in being as perfect as possible. I would follow the list mentioned in a backwards line, from Francis and Kirchner first to Alfonsín last. Incidentally, the list in said order would also go from the least involved with the dirty war to the most involved ones (the Kirchners were just mere students that left a city, and Francis did not hold any noteworthy religious rank; Alfonsín and Menem were active politicians at the time). Still, it may be easier and less time consuming to ask for this whole group a single time, rather than coming here several times to make similar requests for each new case. Cambalachero (talk) 21:34, 30 January 2015 (UTC)

Statement by MarshalN20

As a professional historian, I agree that it is difficult to draw a "line" between what is history and what is the present. Nonetheless, for the sake of understanding the subject, historians have (time and again) made these lines (they vary, of course, depending on the context and historian). ArbComm has also indeed drawn a line in this case.

Regardless of that, the purpose of ArbComm is to focus on user behavior. Cambalachero has conducted himself exceptionally, and has provided a series of positive contributions for the project since his topic ban (including a featured article). This positive behavior should be far more important for the committee's amendment decision than anything else.

Sincerely.--MarshalN20 15:50, 30 January 2015 (UTC)

Statement by {yet another user}

Clerk notes

This section is for administrative notes by the clerks (including clerk recusals).

Argentine History: Arbitrator views and discussion

• As a purely preliminary comment, I am not sure that for any nation whatsoever, there is a clear separate between historical and current controversies. Current disputes tend to include the interpretation of historical examples. DGG ( talk ) 08:53, 30 January 2015 (UTC)

to use the US as an example, debates on current politics often refer back to the principles of US government as established in the 18th century; and much work on the writers of the Constitution is motivated by their implications for current events. See , for example, our article on Gun control. That's not coatrack, but , in the US, one of the possible and much-debated principles underlying constitutional interpretation. Nor, I think, has Europe forgotten World War II, or the third world the period of European imperialism. DGG ( talk ) 21:50, 30 January 2015 (UTC)

• @Cambalachero:, I think this is reasonable enough. That said, I would be slightly more inclined to grant an exemption for those people more tangentially connected to the dictatorship... is there a subset of the articles you'd like to work on first? Courcelles 20:48, 30 January 2015 (UTC)
• This seems a reasonable request. I would be inclined toward granting the standard exemption for these (articles, talk pages, pages related to FA review), revocable by an uninvolved admin in the event of misconduct. Seraphimblade 03:15, 31 January 2015 (UTC)

• I'd rather either designate one admin that was willing to supervise, or say send it back to ArbCom for review if needed, rather than the open-endedness of any uninvolved admin. We've done the first two strategies. Not, to my memory, the any uninvolved admin route. If no one objects strongly, I'll throw up a motion tomorrow. Courcelles 03:48, 31 January 2015 (UTC)

• I'm pretty sure we've also done the latter, though I can't recall the details now and, speaking personally, I'd prefer to have any uninvolved administrator authorised to revoke the exemption (which, by the way, I too support). Salvio 10:18, 31 January 2015 (UTC)

• Although I sympathise with DGG's comments somewhat, I think we can do this. Not decided yet on which route to take about rovocing it if necessary, I need to see the pros and cons. Dougweller (talk) 11:37, 31 January 2015 (UTC)

Motion (Argentine History)

For this motion there are 13 active arbitrators. With 0 arbitrators abstaining, 7 support or oppose votes are a majority.

Notwithstanding other restrictions on their editing, Cambalachero is permitted to edit all content on the articles Raúl Alfonsín, Carlos Menem, Fernando de la Rúa, Adolfo Rodríguez Saá, Eduardo Duhalde, Néstor Kirchner, Cristina Fernández de Kirchner and Pope Francis; as well as their talk pages. They may also make any edits reasonably necessary for those articles to go through the good article, peer review, or featured article processes. If, in the opinion of any uninvolved administrator, Cambalachero engages in misconduct in respect of any of these articles, this exemption may be temporarily revoked either in part or entirely by that administrator prior to referring the issues back to the Committee for review via an amendment request.

Support

1. As proposer. I think this strikes a balance between the various methods of revoking the exemption. Copyedit or change as desired. Courcelles 04:51, 1 February 2015 (UTC)
2. LFaraone 05:09, 1 February 2015 (UTC)
3. Seraphimblade 05:48, 1 February 2015 (UTC)
4.  Roger Davies 06:11, 1 February 2015 (UTC)
5. NativeForeigner 07:58, 1 February 2015 (UTC)
6. Dougweller (talk) 08:26, 1 February 2015 (UTC)

Oppose

1. I support the exemption, but not the mandatory referral. If Cambalachero thinks the administrator in question has made a mistake, he can appeal to us. Demanding that the administrator ask us to confirm his decision is a waste of time (his and ours). Salvio 10:32, 1 February 2015 (UTC)

Abstain/Recuse

Comments

• Courcelles Support in principle though I'd like to suggest a clarification of our intent here:
  • From "This restriction may be withdrawn if there is misconduct by an uninvovled administrator, either for one page or for all of them. Any administrator who does so is required to open a amendment request for the Arbitration Committee's consideration."
  • To: "If, in the opinion of any uninvolved administrator, Cambalachero engages in misconduct in respect of any of these articles, this exemption may be temporarily revoked either in part or entirely by that administrator prior to referring the issues back to the Committee for review via a amendment request ."

     Roger Davies 05:32, 1 February 2015 (UTC)

    • That works, Roger Davies, but I think it needs just one more word to make it an imperative that the admin open the ARCA... Courcelles 05:51, 1 February 2015 (UTC)

Clarification request: Arbitration Enforcement sanction handling

Initiated by Ncmvocalist (talk) at 18:47, 25 January 2015 (UTC)

Case or decision affected

Misplaced Pages:Arbitration_Committee/Procedures#Standard_provision:_appeals_and_modifications

Arbitration Enforcement sanction handling arbitration case (t) (ev / t) (w / t) (pd / t) (principle 3.1.2 - Deliberate and careful use of discretionary sanctions in particular)

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

• Ncmvocalist (talk · contribs · deleted contribs · logs · filter log · block user · block log) (initiator)

Statement by uninvolved Ncmvocalist

My first request for clarification concerns the AC procedures - standard provision for appeals and modifications. In particular, the section entitled "Modification by administrators" in the following situation:

1A) An administrator X blocks an user for a period of time after reviewing a complaint alleging a breach of a topic ban (which was imposed as a case remedy). After the block has expired, administrator Y imposes another block of the same or a longer duration for the same complaint (and where there are no further breaches). Administrator Y did not obtain prior affirmative consent/agreement from administrator X, or at AN, AE, or here, for imposing the further block. Can the committee please confirm in those circumstances whether administrator Y's further block would be considered a modification of administrator X's block, and that such an action is unauthorised?

My second request for clarification concerns the AE sanction handling case (principle 3.1.2 - Deliberate and careful use of discretionary sanctions) in the following situation:

2A) An administrator X refuses to block an user after reviewing a complaint alleging a breach of a topic ban (which was imposed as a case remedy). Other administrators opine on the issue at AE and there appears to be division regarding the appropriateness of any block (and the appropriate duration for a block even if it is agreed). Administrator Y unilaterally imposes a block (where there is clearly no pressing need to), and did not obtain prior affirmative consent/agreement from administrator X, or at AN, AE, or here for imposing the block. If there is a division in opinion at AE regarding the appropriateness and duration of a block, has the committee indicated to its admins that they can unilaterally impose a block anyway? Does principle 3.1.2 only apply to discretionary sanctions? Or does that principle apply to requested enforcement of case remedies too?

I have listed 1A and 2A above only, as I may have a follow up under each. Thanks, Ncmvocalist (talk) 19:12, 25 January 2015 (UTC)

Sigh!

I think it's embarrassing that AE admins were responsible for attempting to derail this request into one about Eric Corbett (talk · contribs), when this request is really about (as the name of the case suggests): Arbitration Enforcement Sanction Handling. One of the main parties to that case was AE-active Sandstein (talk · contribs · blocks · protections · deletions · page moves · rights · RfA), and it's disappointing to note that Sandstein's problematic behavioural patterns seem to continue, and that too in the name of Arbcom.

The community elected the committee, not Sandstein. Even if for some bizarre reason you want Sandstein to remain entitled to keep up his repeated wikilawyering, his overly bureaucratic approach and his OWN tendencies at AE (be it as far as the noticeboard requests or actions he takes at those requests), I think the community is entitled to hear that from you directly, rather than his comments on arbitrators 'deliberate intentions'. Alternatively, if previous reminders or indications have not worked for him to change his approach to be more consistent with what is expected at all levels, maybe something else needs to be tried.

Even here, I am concerned that Sandstein appears to improperly suggest that:

1. I am filing an appeal on behalf of a certain blocked user (Eric Corbett) but have concealed it in the form of this request;
2. I've filed this request to circumvent the appeal procedure, and thereby game the system in relation to Eric Corbett's block; and
3. I and several other users are (a) friends of Eric Corbett, and (b) therefore incapable of assessing when enforcement is appropriate and necessary.

For the avoidance of doubt, those suggestions are false accusations made in bad faith without a shred of evidence (except possibly the bit about "other users" being friends of Eric Corbett as I don't know how accurate that is. Still, Misplaced Pages is not a battlefield even for this type of thing.

I do wish the arbitrators would find a more effective way to tell Sandstein to cease engaging in such needlessly problematic conduct. Ncmvocalist (talk) 15:19, 27 January 2015 (UTC)

@Roger Davies: Correct me if I am wrong, but it seems to me you are saying principle 3.1 of the case only applies to discretionary sanctions, and does not apply at all to requests to enforce individual editor topic ban case remedies enacted by the committee. That is, in the 2A hypothetical, you are saying that even if uninvolved administrators (plural) opine and determine a breach of a topic ban in 2A is minor that it does not warrant a block (or that a block is going to be ineffective), it doesn't matter; any admin who wants to block and first imposes a block will have a supervote. Is that correct? And is that what you want/wanted? Ncmvocalist (talk) 15:48, 27 January 2015 (UTC)

Note

Risker (who was an arbitrator at the time of the case) has noted today that Roger Davies seems to have surprisingly forgotten why a certain principle was added in an older arbitration case. That appears to be happening in respect of the principle in this case also (and of course, I invite Risker to correct me if I'm wrong or provide more detail about the principle in this case, as she was also an arb when this principle 3.1 was unanimously passed with Roger's **unreserved** support). The principle says because of the priority given to enforcement of arb sanctions..."When it is not entirely clear whether a sanction is appropriate, or when an administrator knows that there is a division of opinion regarding whether a sanction is warranted, and there is no pressing need for immediate action, it may be best for an administrator to raise the issue in the discussion venue for Arbitration Enforcement and seek a consensus, rather than to act unilaterally."

I'm pretty sure I've been patient and brought this up in a very reasonable way, given there were a lot of ways this could have otherwise been raised. I also did think the 2A situation has been expressed clearly in my comments here (indeed, Thryduulf's comment accurately summarises the situation I am seeking clarification in relation to, and what the principle intended to address). Unlike the example in Roger's comment which may have been contemplated in initial AE design, the situations like what I've described in 2A have gradually arisen in more recent years because of a few very specific AE active admin who have not got the message fully, or who are often being misguided (perhaps by users with their own agenda). Please effectively address it.

I can't even imagine how the case principle I just quoted (or the AC procedures I linked to above) seriously intended to deliberately allow an admin to unilaterally impose a block even if the block is against already-formed consensus not to block (that is how I interpret Roger's statements too). I thought the idea is to reduce the number of unnecessary appeals and not force them to become a much more regular and frequent feature. Also, when a consensus is clearly desired by the admins in the first instance who are still reasonably discussing the best way to handle the request, I don't believe this principle or the procedures intended to (as Roger's statements suggest to me) deliberately let an admin make a unilateral block and cut the desired discussion off where there were no genuine supervenient circumstances requiring that action. I really don't see how that approach is ensuring priority enforcement actions are taken carefully in the first instance where possible, or are helpful especially in those situations.

Perhaps more discussion and views are needed. Ncmvocalist (talk) 16:49, 28 January 2015 (UTC)

Statement by IP

I feel it's worth noting that the situation described in 2A just played out in a recently closed AE request (it's still there but hatted). I assume that part was unmentioned in the hopes of avoiding a dramastorm, so I won't name it directly. That said, I consider it valuable context that arbs should be aware of and review. 204.101.237.139 (talk) 18:26, 26 January 2015 (UTC)

Since the dramastorm came anyway (sorry, Ncmvocalist) I will comment on the AE after all. Despite the criticism, I have found that Sandstein goes out of his way to accommodate other admins positions at AE. Most commonly he will state he disagrees with something but will not stand in the way of consensus. I have also seen him full on defer to other admins who disagree with him at AE when closing a case. His actions in the related AE surprised me. I think this is the first time he has pushed through his preferred action in the face of what was arguably a developing consensus for a simple warning. I'm not saying he was wrong, Sandstein is usually technically correct (the BEST kind of correct!), but it is curious that he would act... Out of character, I guess? I'm not sure how best to describe it.

to Roger, would you consider closing an AE request with no action an administrative action? It does not require use of the tools, but it is something only an admin is allowed to do. If so, does it enjoy the protection of other AE admin actions? So if, for example, HJ Mitchell had closed the case with a warning, would Sandstein need a "clear and active consensus" to block instead? I ask that you consider these scenarios seriously because it appears to me Arbcom is inadvertently creating a race to action in contentious cases where you are intending "deliberate and careful use". 204.101.237.139 (talk) 16:11, 27 January 2015 (UTC)

Statement by Floq

I'm glad to see this has been asked already, I was about to. I think the answers so far to 1A are pretty reasonable and uncontroversial. I'm more interested in Arbs' answers to 2A. Normally, an admin can take unilateral AE action without waiting for a discussion, and then the normal AE rules apply to reverse that action: unlike a normal admin action, consensus would be required to overturn the AE action. However, when a discussion is already underway, and there is no consensus on the blocking (or a preliminary consensus not to block), it seems unfair to unilaterally make the decision to block, and then insist on a new discussion to overturn it. If it really is acceptable to do that, could not an admin with an opposing viewpoint decide to "officially warn" someone, or block them for 1 second, and then close the AE request, preventing any further blocking without a brand new discussion? (I'm not advocating that, of course, just pointing out that it kind of follows from the answers to 1A). AE enforcement is meant to streamline things, but in the scenario described above, it's being used instead as a trump card. It shouldn't be. If there is an ongoing discussion at AE with differing viewpoints on blocking among the uninvolved admins, an admin shouldn't wade in and block before a consensus develops. --Floquenbeam (talk) 18:59, 26 January 2015 (UTC)

Short comment from Collect

The principle of "do it first so the other admin will be wheel-warring" has been discussed before, without any solid answers. Zugzwang is a rough equivalent. Why not recognize that valid issue raised by Floq above - and issue a sua sponte dictum that blocks should generally require the initial input of (say) three admins in order to have standing against a simple reversal by another admin? Thus reducing the value of "first move wins." Collect (talk) 20:46, 26 January 2015 (UTC)

Observation by TenOfAllTrades

While the IP has alluded to it, I'm going to make it explicit. This is another damn "hypothetical situation" thread that's actually not at all hypothetical, and like it or not the Arb's responses are going to be read in that context. Yep, it's another damn Malleus/Eric Corbett thread: link to discussion, closure.

Unlike most threads involving Eric Corbett, it was dealt with in a reasonable amount of time, after a reasonable discussion, and resulted in a reasonable final decision that wasn't followed by a firestorm or wheel warring. The ArbCom should be very cautious in how it approaches the question in 2A, in that the question seems to be exploring ways that an ArbCom decision to impose discretionary sanctions can be nullified by a single admin. TenOfAllTrades(talk) 21:14, 26 January 2015 (UTC)

Passing comment from Harry Mitchell

I was one of the admins who opined against a block in the "hypothetical" scenario. I disagree with the block for reasons I've stated elsewhere (mainly that it is based on an overly literal interpretation of the remedy with no regard for its spirit), but at the end of the day AE cannot afford to become deadlocked like ANI whenever a big name is involved. The solution? More objective, level-headed admins at AE. HJ Mitchell | Penny for your thoughts? 02:49, 27 January 2015 (UTC)

Statement by Sandstein

As the admin who made the block discussed in the second question, I'm offering the following comments:

• This looks like an appeal in the guise of a clarification request, and an attempt to circumvent the Committee's rule that appeals are heard only if they are made by the user who is the subject of the sanction. Because that user has chosen, in this instance, not to appeal the block, and the user asking the question is not in any way affected by this situation, there is in my view nothing that needs – in the sense of an actual controversy awaiting resolution – to be clarified.
• On the merits, I'm of the view that any discussion among admins or others about an enforcement request does not prevent any admin from taking, or not taking, any enforcement action they deem appropriate.

• First, the rules about enforcement actions (as well as discretionary sanctions, which are not at issue here) do not envision or require any form of discussion among whoever. The only exception is the case mentioned in the question but not at issue here because no discretionary sanctions are concerned: "Prior to placing sanctions that are likely to be controversial, administrators are advised to elicit the opinions of other administrators at AE". Even this does not require admins to follow or look for consensus, but only advises them to listen to the opinions of other admins (which they may then choose to disregard). As far as I know this was an intentional decision by the arbitrators who drafted these rules. Any discussion that does occur is merely an aid for coming to the right conclusion, but it is not envisioned by any rule to be a consensus-forming process. Discussion and consensus become relevant only at a later stage – in an appeal, either to the community or to administrators.
• Second, as has been mentioned above, requiring admins not to act in the absence of a consensus to act would have two effects that would severely impair the effective enforcement of the decisions made by this Committee. First, sanctioned users who have many friends, as seems to be case here, can block enforcement just by having enough people show up that any consensus becomes unfeasible to establish and timely action impossible to take, as is regularly the case on community noticeboards. Second, this would in effect compel admins who are interested in arbitration enforcement to take action as soon as possible without waiting for discussion, which would likely impair the quality and acceptance of enforcement actions, and by extension the effectiveness of this Committee's decisions. I would prefer that not to be the case, because I think that the discussions among the admins who regularly work at AE are often very helpful.  Sandstein  08:31, 27 January 2015 (UTC)

with regard to your first point, I hope you do not mean to imply that an admin may act against known consensus. DGG ( talk ) 03:34, 30 January 2015 (UTC)

No, that would be pointless because an admin acting against known consensus would have to expect their action to be overturned on appeal. What I mean is that I read the existing rules to mean that admins are neither expected not required to wait for or act only based on consensus. If and where the Committee expects admins to look for consensus instead of enforcing ArbCom decisions on their own initiative, they should be clear about it and tell us so in the rules, which is currently not the case.  Sandstein  09:23, 30 January 2015 (UTC)

@Roger Davies: Thanks for your advice concerning a de minimis rule. If it is indeed the view of the Committee that violations of ArbCom decisions that are considered less severe according to some standard should not result in enforcement action, then the Committee should articulate this standard explicitly. I currently work on the assumption that if you topic-ban somebody from "X, broadly construed", this means that you expect this editor to be blocked in each and every case in which they make a X-related edit outside of the policy exceptions, no matter what the circumstances may be. If that is not so, then you should tell admins which criteria they should use to decide whether or not to take action. I caution, though, that this (and any added consensus requirements) may have the effect that your sanctions against popular and well-networked users may be enforced much less effectively, if at all, than your sanctions against other editors.  Sandstein  09:23, 30 January 2015 (UTC)

Statement by Rich Farmbrough

It seems to to me that the "first mover advantage" is a long-standing Wiki problem which has been dealt with traditionally by consensus and discussion, and application of policy.

The rule making AE non-overturnable effectively gives a form of absolute power to the Admins who frequent AE, which has been abused, just as the absolute power of checkusers has been abused (and historically, almost every other form of power, both absolute and otherwise).

So the instant problem of Sandstein's "overly literal interpretation of the remedy with no regard for its spirit" - and indeed his history of such narrow and binary interpretations, not unusual amongst the Misplaced Pages demographic, really pales into insignificance with the systemic problem that we have created of non-overturnable admin actions. It would be better, if still not ideal, if these actions were subject to normal community scrutiny.

I understand, of course, that the idea is to prevent an infinite regress. More important though is the inequality

${\displaystyle Community>Policy>ArbCom>AEdecisions}$

The current arrangement breaks this in no uncertain manner.

All the best: Rich Farmbrough, 16:30, 28 January 2015 (UTC).

Statement by Risker

I was pinged to comment here. I do indeed remember both this case, and the early stages of the discussion about revisions to the discretionary sanctions process that were made, in part, as a result of that case. The clear intention at the time was to address the fact that AE seems to attract administrators who like to mete out sanctions regardless of the state of the discussion of a request (i.e., to sanction even in situations where a preponderance of administrators do not believe a sanction is appropriate) or just as seriously to interpret the "consensus" of administrators as supporting sanction even in situations where almost all other administrators would say there was either (a) no consensus or (b) a consensus not to sanction. Arbitration enforcement is in some ways even more powerful than arbitration decisions themselves, because at an arbcom case there must be a clear majority supporting a sanction before it can be placed. My read of the two situations described above is as follows:

• 1A) is a clear superimposition of the second administrator's decision, overriding the first administrator's decision. This is not acceptable and, if there have been prior warnings, could easily lead to desysop or other sanction such as restriction from participating in any way in arbitration enforcement for an extended period (Arbcom seems to be big on the "don't appeal for a year" position right now, which would be sufficient).
• 2A) If multiple administrators have opined and there is no really clear consensus for applying sanctions (or no clear consensus on what sanction should be applied) then sanctions should not be applied. The assessment of consensus should, ideally, be done by an administrator who has not participated in the discussion of the request. (The reasonable parallel would be XfD.) Administrators who regularly apply sanctions when there is no clear consensus are also subject to the sanctions mentioned above. It is not helpful to have hardliners applying sanctions that don't have at minimum more than a majority support of uninvolved administrators, either for the reputation of AE itself (it's not appropriate to have a situation where it doesn't matter what others say if Admin Y is going to do what they want anyway) or to ensure that there is a multiplicity of administrators participating.

Those were the intentions at the time of the case, and in the early discussions for improving the procedures. Hope that helps. Risker (talk) 07:28, 29 January 2015 (UTC)

Statement by Lightbreather

If this is meant to clarify a situation like the recent Sandstein/Eric Corbett brouhaha, Ncmvocalist's 2A) should say:

On a talk page, not Arbitration Enforcement, An administrator X refuses to block an user after reviewing a complaint alleging a breach of a topic ban by editor A (which was imposed as a case remedy). The complainant then goes to AE. Other administrators opine on the issue at AE and there appears to be division regarding the appropriateness of any block (and the appropriate duration for a block even if it is agreed). Administrator Y unilaterally imposes a block (where there is clearly no pressing need to), and did not obtain prior affirmative consent/agreement from administrator X, or at AN, AE, or here for imposing the block, although admin X admitted at AE that they misread the topic ban the first time and now agree that editor A did in fact violate their ban, and that "another administrator would certainly be justified in per the topic ban's stipulation that refrain from discussing the ... topic."

The decision to block wasn't unilateral because Guettarda agreed that EC had violated his ban.

Principle 2.2.1 applies here: Administrator's are not perfect. Go Phightins! acted quickly (5 minutes) after I asked for admin help at WT:WER, as did NE Ent (3 minutes) after I asked a second time, otherwise they might have realized that EC really had broken his topic ban and simply removed EC's comments per the GGTF ArbCom Remedies, which is all that I asked for, before I went to AE.

If admins were perfect, Go Phigtins! or NE Ent would have either removed the comments as I asked, blocked EC (which I did not ask for), or started a discussion here at AE, per Principle 3.1.2. --Lightbreather (talk) 21:39, 1 February 2015 (UTC)

Statement by {other user}

Clerk notes

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

Arbitration Enforcement sanction handling: Arbitrator views and discussion

• Regarding 1A, the key part of your scenario are the words "After the block has expired". Once the block has expired any further blocking, for any cause, is a new action. I suspect that in most circumstances this second blocking would be very ill-advised and possibly a bad block. There exists the possibility that the second administrator is in possession of new/additional information (which may or may not be publicly shareable) that justifies the action, so I am not going to say it will always be a bad block. Your question 2A requires more thought before answering. Thryduulf (talk) 01:09, 26 January 2015 (UTC)
  • Regarding 2A, contrary to how I interpret Roger's statement, I see choosing not to act is as much a part of the role of an administrator as choosing to act is. If there is consensus that a block is not warranted then that should have the same protection as consensus to block does. If consensus is unclear then absent an emergency situation or being privy to private information (both of which would need to be explicitly flagged as such) then no single admin should issue a block until it is clear that a block does have consensus. A useful analogy for me is that an admin closing an XfD as "keep" is acting in exactly the same capacity as if they were closing it as "delete", even though only one outcome requires using the administrative toolset. Thryduulf (talk) 22:19, 27 January 2015 (UTC)
• Concerning 1A, I tend to agree with my learned colleague. As a general rule, I'd say that once an administrator has imposed a discretionary sanction on an editor, said sanction should not be modified in pejus (i.e. should not be made harsher) in the absence of a. the imposing administrator's consent, b. a consensus of uninvolved editors or administrators, b. arbcom's authorisation or d. supervenient circumstances justifying the increase. Salvio 15:28, 26 January 2015 (UTC)
  • Concerning 2A, both the imposition of discretionary sanctions and the enforcement of an ArbCom-imposed restriction do not require consensus; any admin may act without having to go through AE and without having to seek consensus. That's the point of arbitration enforcement, after all: to have the means to stop disruption quickly without getting bogged down in long discussions. Seeking consensus (and, of course, following it) is merely advised and not made mandatory. It's certainly possible to argue that acting without seeking prior consensus and acting against an emerging consensus are different things, and I agree, but this distinction is not supported by policy at the moment. That said, an admin following best practices, for instance, would not have blocked in the circumstances, but the block is neither an abuse of power nor invalid. Of course, should a sysop make a habit of acting against consensus, arbcom would consider asking said admin to stop doing enforcement.

    Concerning what constitutes an admin action, well, this is trickier. In general, declining to act has generally not been considered an admin action and, so, another admin may decide to act without violating the prohibition on modifying someone else's action without consent or consensus. At the same time, an admin who decided to impose a 1-sec. block to prevent others from imposing harsher sanctions would clearly be trying to game the system and could probably be sanctioned himself. My personal feeling is that the only action which qualifies as admin action, in these cases, would be closing (and hatting) an AE thread without action.

    Finally, concerning the issue of de minimis, yes, Sandstein, admins are allowed to exercise their best judgement when enforcing an arbcom-imposed restriction; sometimes, a block will be needed, others a warning will suffice and others the violation may even be too inconsequential to warrant any action and could even lead to a boomerang on the OP. We trust administrators, that's why we have tasked them with enforcing our decisions, we don't want you to become automata. Your common sense is valued. Salvio 10:50, 1 February 2015 (UTC)

• This is perhaps the least hypothetical hypothetical I've seen in a while. Blocking after a prior block has expired strikes me as double jeopardy in the absence of either a fresh violation, or a consensus of uninvolved editors that the editor actually needs a harsher block (the situation that comes to mind readily is a community request for an indefinite block/community ban.) But in most cases, if the block "fixed" the issue and there are no new violations, blocks are not punishment, and the discretion of the first administrator likely should be respected. Courcelles 23:23, 26 January 2015 (UTC)
• Placing a fresh block for conduct that has already been dealt with - at least on the face of it and absent a rationale from the second admin - seems to me to be gaming the prohibition on modifying another administrator's blocks. On the second question, what distinguishes administrative actions is use of the tools or making an action explicitly reserved for administrators. A refusal to act cannot therefore be an administrative action as no administrative action has taken place. As a hypothetical if a bunch of people are hurling abuse at each other and furiously edit-warring, and - for whatever reason - an administrator explicitly refuses to act in respect of any of them, are each of them immunised against blocking? The common sense answer has to be "Certainly not".  Roger Davies 09:13, 27 January 2015 (UTC)
  • @Thryduulf and Ncmvocalist:. The point here I think is that AE is designed as a streamlined summary process and has never required collective decisions before admin action. This is how it should be. It enables admins to act swiftly and decisively when the need arises, by authorising admins as individuals. They can ask their colleagues what they think but they're not bound to take those opinions into account. There is no supervote because no vote is taking place. The enforcing admin is entirely responsible for their action and if they get it seriously wrong (or make strange calls frequently) they may be subject to sanction themselves. This will sometimes lead to actions which are controversial and sometimes heavyhanded but the issue then is whether the admin action was reasonable (and the DS procedure sets out guidelines on this) and not whether there was consensus for it.  Roger Davies 09:29, 28 January 2015 (UTC)
  • Sandstein What you say is true though I find it wearying that once again a borderline call has been made and once again you are the instigator. Perhaps you might consider writing "de minimis non curat lex" on a post-it note and placing it prominently on your monitor?  Roger Davies 16:49, 28 January 2015 (UTC)
  • Ncmvocalist I'm not quite clear what Risker has got to do with this (but for information I replied here). Anyhow, to the substantive point. The text you quote comes from the 2011 case on Arbitration enforcement. Since then we've had a major six-month public review of DS. It doesn't talk about reaching consensus before a decision but it does include an extensive new section, "The Role of Administrators", advising administrators about when to act and when to not act. Whether or not, in this instance, that advice has been disregarded is an altogether difference matter. So, to turn back to the consensus issue, I still it's wise to obtain consensus but it's not compulsory.  Roger Davies 17:29, 28 January 2015 (UTC)
• I agree with my colleagues's views on 1A - there would have to be something new or overlooked to justify a 2nd block. The phrase 'supervenient circumstances' is a great description but I'd warn against reading our article Supervenience. As for 2A, I'm not convinced it can be answered as a hypothetical question - and I'm not convinced that ArbCom trying to specify an answer wouldn't be micro-managing, rarely a good idea. I'd perhaps be willing to opine on a specific situation. And I like Roger's example. Dougweller (talk) 19:55, 27 January 2015 (UTC)
• I agree with Thryduulf about 1A. There would need to be something additional, and in a possibly uncertain case like this it would be very wise to seek consensus first. Otherwise it would facilitate administrator-shopping, and one point of arb enforcement is to avoid this. I also agree with him about 2A. Within the structure of arb enforcement, this is an admin action, and over-riding it would require prior consensus. Otherwise this too would facilitate administrator-shopping. As for the original block that set this off, our discussing this would need to be separate. DGG ( talk ) 01:17, 29 January 2015 (UTC)
• To 1A, I think that it's generally common courtesy to discuss an issue with the other admin when one is considering modifying their action, especially when nothing new has taken place that changes the circumstances since that admin made their decision. Whether such an action would be justified depends on the circumstances, and I'm hesitant to give definitive answers to a wide hypothetical, but I think once an action has been decided and taken, it shouldn't be modified without a very good reason, and "I would've done differently if I'd made the call" is generally not in itself sufficient. The point of having admins is that we should be able to trust them to evaluate individual situations and exercise good judgment, as no two scenarios will be exactly the same. To 2A, arbitration enforcement actions are intended to be undertaken by a single administrator, and that admin takes full responsibility for the action. Preexisting consensus is not required, but good judgment is. If several other uninvolved admins, or uninvolved editors in good standing, are objecting to a sanction or have explicitly declined to place one, that doesn't prevent someone else from doing so, but it is at minimum incumbent upon an admin placing a sanction to carefully consider the objections others made before doing so. If the editor who has been sanctioned does not believe there would be a consensus of admins for the action in question, that editor may appeal, and at that point, consensus of admins (or arbitrators, if the appeal reaches us) would be measured during the appeal. The fact that the editor in question here (we all know that this hypothetical isn't too hypothetical, I believe) chooses not to take advantage of the process doesn't change what the process is. Seraphimblade 11:55, 29 January 2015 (UTC)
• The eventual action is of course appealable and beholden to consensus. An administrator, if they see a consensus against applying a particular sanction, they ought not apply it because presumably such AE an action would be undone. However, if there is disagreement, and an administrator is confident in an application, I'm hesitant to say they cannot just becuase it's possible there will be consensus against them. The onus definitely relies upon individual administrators. I'd advise that in areas where a consensus is in the process of forming, or has formed, against the administrator action, due caution and restraint be advised. NativeForeigner 07:56, 1 February 2015 (UTC)
• As for "broadly construed" I understand that to mean that it refers to the breath of the topic area -- that a ban from , say, articles on comic books would also include articles on the history of comic books, because normally the same sort of problems would arise. It does't mean that a very minor purely technical violation should necessarily be sanctioned. I recognize this as a possible problem -- there have been instances of an ed. first making a purely technical edit, followed by one that is a little more substantive, and so on. An admin is expected to judge the situation, and see if a pattern is developing that needs to be stopped. ----

Amendment request: Interactions at GGTF

Initiated by Lightbreather (talk) at 22:29, 1 February 2015 (UTC)

Case affected

Interactions at GGTF arbitration case (t) (ev / t) (w / t) (pd / t)

Clauses to which an amendment is requested

1. Principle 1
2. Finding 2
3. Remedy 3

List of users affected by or involved in this amendment

• Lightbreather (talk · contribs · deleted contribs · logs · filter log · block user · block log) (initiator)
• Hell in a Bucket (talk · contribs · deleted contribs · logs · filter log · block user · block log)

Confirmation that the above users are aware of this request

• (diff of notification of this thread on Username2's talk page)

Information about amendment request

• Link to principle, finding of fact, or remedy to which this amendment is requested
• Details of desired modification

Statement by your username

Following the GGTF ArbCom case, I proposed an Iban between Hell in a Bucket and myself. He declined. I have left the offer open on my talk page, without reply. However, today, Hell in a Bucket again called me a liar, as he has in the past, without evidence.

Could an admin please place this Iban?

Statement by Hell in a Bucket

Any editor familiar with the Arbcom case GGTF knows that Lightbreather lied about socking and then evading her block using another sock and then lied again but begged everyone to believe her that she wasn't lying the second time although she was not honest the first time. I would note this is actually the first semi direct interaction I've had with her in some time and it was not even her but the inclusion of a problematic group for wikipedia. Hell in a Bucket (talk) 22:40, 1 February 2015 (UTC)

Statement by {yet another user}

Clerk notes

This section is for administrative notes by the clerks (including clerk recusals).

Interactions at GGTF: Arbitrator views and discussion