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

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Clarification request: TimidGuy ban appeal

Initiated by MastCell  at 18:26, 29 April 2013 (UTC)

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

• MastCell (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) (initiator)
• Will Beback (talk · contribs · deleted contribs · logs · filter log · block user · block log) ()
• ImperfectlyInformed (talk · contribs · deleted contribs · logs · filter log · block user · block log) ()
• IRWolfie- (talk · contribs · deleted contribs · logs · filter log · block user · block log) ()
• SlimVirgin (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) ()
• Thryduulf (talk · contribs · deleted contribs · logs · filter log · block user · block log) ()

(The list of affected users is simply a list of those who commented in the bottom subthread of this discussion. I've also posted a general note in that thread notifying readers of this request).

Statement by MastCell

In the TimidGuy ban appeal case, Will Beback (talk · contribs) was indefinitely banned from Misplaced Pages. In March 2013, Will stated on his talk page that he had appealed the ban to ArbCom, and that his appeal had been rejected ().

Pursuant to this lengthy but inconclusive discussion, I am requesting the release of the simple vote count by which Will's appeal was declined (that is, a tally of which Arbs supported, opposed, or abstained on the appeal). Failing that, I am requesting a concise explanation of why such a tally cannot be released.

I am not requesting the release of any privacy-sensitive information, although of course individual Arbitrators are free to comment on their reasoning if they choose. MastCell  18:33, 29 April 2013 (UTC)

SilkTork, I am not asking for the release of any internal deliberations. A simple "yes", "no", or "no comment" next to each Arb's name would suffice. If such a process didn't take place, then perhaps a one-word summary of each Arb's position is not too much ask. Failing that, perhaps you could explain why this information needs to remain secret. Finally, while I understand that you believe a vote tally "serves no purpose", a number of editors in good standing have requested the information as a matter of accountability, and clearly believe that it serves that purpose. MastCell  20:03, 29 April 2013 (UTC)

Comment by Collect

I am unaware of any precedent for such a request having any effect on ArbCom, and suggest that iteration of the same points is unlikely to have different results from the request made a short time back. While I am in favour of following "process" I find multiple requests are unlikely to result in much at all, other than many hours and many thousands of characters of discussion leading nowhere. I see no procedural, policy, or guideline basis for demanding vote tallies. Collect (talk) 19:36, 29 April 2013 (UTC)

@Jmh: We ask questions about policy views of the candidates - see my ACE2012 page if you do not understand how the process works -- from answers we get, we can determine the philosophy of the candidates. Voting on the basis of political positions on any specific given case is going to be a remarkably bad way to make such decisions indeed. Collect (talk) 12:43, 2 May 2013 (UTC)

@WG -- this page is not about me, though you seem to think ad hom asides mean anything. For the record, WBB and I intersect on about 4% of all articles I have worked on ... many of which do not have us editing anywhere near the same time. I have never kept any "enemies list" at any point, and for you to suggest that I have impure reasons for saying that ArbCom has no precedent for this sort of action is asinine. And, in fact, ought to be removed as having nothing at all to do with the requests being presented. Collect (talk) 23:12, 2 May 2013 (UTC)

Statement by ImperfectlyInformed

Will Beback's ban occurred in public (see Misplaced Pages:Arbitration/Requests/Case/TimidGuy_ban_appeal/Proposed_decision#Will_Beback:_remedies for the vote tally) largely as a result of public evidence, presented above the decision. We know the original story. Even if we don't know what Will's emails to Jimbo looked like, ArbCom unanimously affirmed that Will Beback emailed Jimbo with allegations, and so on. It is unclear why the ban appeal needs to have special treatment such that even the vote tally needs to be kept secret. The denied appeal was never revealed to the community and no official statement was made; Will Beback said he also did not receive an explanation in its rejection. Will Beback apologized at length at his talkpage after the appeal denial (we don't know what his communications looked like, but he has said "I would be happy for any of my statements to the ArbCom to be made public"). Regardless of the result of this request, I intend to edit the policy and open a RfC on the change (I'll hold off so we don't have too many pots on the fire). There is, incidentally, precedent for revealing votes when the appeal is successful (such as Russavia's unblock appeal tally currently at WT:BASC).

On a larger issue, the purpose behind this goes back to Churchill's quote (now a cliche) that "Democracy is the worst form of government, except for all those other forms that have been tried" (called the Churchill Hypothesis in academic literature). ArbCom members have expressed concern about politicizing, and I understand that there is some purpose to being more deliberative than an angry mob. However, ArbCom is elected, and we need to know the votes to hold them accountable for their positions.

On a further note, this position of not allowing Will to have a second chance, or even a hint of a public hearing, is plain discouraging to other long-term editors as it suggests a basic lack of fairness and respect for those who have dedicated many hours into improving this encyclopedia. I should also note that I proposed a compromise: a revote, in public, with no requirement to repeat the prior vote. II | (t - c) 20:59, 29 April 2013 (UTC)

Statement by NE Ent

Arbitration policy: Committee deliberations are often held privately though the Committee will make public detailed rationales for decisions related to cases, unless the matter is unsuitable for public discussion for privacy, legal or similar reasons. (emphasis mine) While I agree the "working notes" of committee should remain private, a consensus summary statement and vote tallies doesn't seem unreasonable per committee policy. Did the committee make any public announcement? I've reviewed the Timid Guy case and AC/N and am not seeing any. NE Ent 21:50, 29 April 2013 (UTC)

Absurd. The scope of the committee does not extend to redefining commonly used English words. It should either follow the policy as written or change the policy to follow practice. The former is preferrable per the research quoted in last October's signpost

ensuring participation and transparency is crucial for maintaining the stability of self-governing communities.
— Schroeder, Wagner, Journal of the American Society for Information Science and Technology

NE Ent 22:48, 29 April 2013 (UTC)

References

1. Schroeder, A., Wagner, C. (2012). Governance of open content creation: A conceptualization and analysis of control and guiding mechanisms in the open content domain. Journal of the American Society for Information Science and Technology 63(10):1947–59 DOI

Statement by IRWolfie-

@Roger Davies, as II has pointed out, Arbcom already releases tallies. IRWolfie- (talk) 22:08, 29 April 2013 (UTC)

@Salvio Are you suggesting that a clarification about a decision made by arbcom related to a case should not be done here? Are you suggesting that this appeal is not a decision related to a case? IRWolfie- (talk) 22:10, 29 April 2013 (UTC)

@Newyorkbrad I am sure they did vote in good faith, which is why I don't understand why other arbs are declining this measure. The alternative is, that Arbs who have declined to comment will be asked for clarification at the next election in the questions; the tin will be kicked down the road but for no apparent reason that I can discern. It isn't as though people are going to start waving pitchforks at the arbs. The justification that tallies can't be given because it violates a sacred trust or some such just doesn't appear to add up, particularly considering that other tallies have been released. IRWolfie- (talk) 23:36, 29 April 2013 (UTC)

• Perhaps a partial tally could be released, with those refusing to release their position noted as such? IRWolfie- (talk) 23:38, 29 April 2013 (UTC)

• How many sitting arbs actually voted? IRWolfie- (talk) 08:58, 30 April 2013 (UTC)

@Fuchs; perhaps instead of supporting a release, you could just clarify which way you voted? IRWolfie- (talk) 09:04, 3 May 2013 (UTC)

Statement by SlimVirgin

I support the request that the vote tally be released. If the candidates stand for election again, there are editors who may want to support or oppose based on this issue alone, so we need the information to be an informed electorate.

I would like to add an additional request, namely that the committee agree to re-hear an appeal from Will now in public. I understand from the BASC page that once an appeal is decided, the committee "will not revisit it earlier than six months except at the request of a sitting arbitrator." I'm therefore asking that one sitting arbitrator agree to ask the committee to hear Will's appeal again now, given that the circumstances of his first appeal have caused concern.

Roger suggested below that Will do this, but as he can't edit he's not able to request it here. SlimVirgin 22:54, 29 April 2013 (UTC)

Statement by RegentsPark

I know nought about TimidGuy or Will Beback and why they were banned. However, on the face of it, it doesn't seem unreasonable to ask for the vote on the appeal. Straw poll or formal vote, one hopes that the process was clear enough to make this information readily available. To RogerDavis's point below, it appears that all that is requested is a tally of votes, not for the release of information "lock, stock and barrel". --regentspark (comment) 01:15, 30 April 2013 (UTC)

Statement by Will Beback

Request for public rehearing

I have made public and private apologies for my past behavior, and committed to not repeating the same mistakes. Despite that, my appeal was denied without explanation or indication of how the committee voted. Since then I have seen various, sometimes conflicting reasons for the denial, or the initial ban, and unclear statements as to whether or not the committee even voted on my appeal. For those reasons, I am requesting a public rehearing of my appeal to my ban which resulted from Misplaced Pages:Arbitration/Requests/Case/TimidGuy ban appeal. This is per the invitation of Roger Davies.   Will Beback  talk  02:02, 30 April 2013 (UTC)

Posted here by Will. SlimVirgin 02:07, 30 April 2013 (UTC)

Statement by Jmh649

A number of people have commented that if we do not like the decisions made by arbcom we should vote in different arbcom members. The implication seems to be that the only input we should get is that of voting every couple of years. But how to vote when decisions and positions are held in secret? Doc James (talk · contribs · email) (if I write on your page reply on mine) 10:54, 2 May 2013 (UTC)

While most arbitrators have commented. It is unclear how many of them weighted in on this specific case. For those who are clear and commented many thanks. I am trying to tabulate the positions here If i get any of them wrong feel free to correct me / add to the discussion. Doc James (talk · contribs · email) (if I write on your page reply on mine) 09:33, 4 May 2013 (UTC)

Statement by Keithbob

My Summary:

• Carchroth's final comment at the WBB Arb Ban Appeal was: "the best way to get a formal response from the full committee, if not satisfied with what is said here, is indeed to post at WP:ARCA.”
• So MastCell filed this ARCA case saying: “I am requesting the release of the simple vote count by which Will's appeal was declined (that is, a tally of which Arbs supported, opposed, or abstained on the appeal)”. It seems to me that through simple addition, the purpose of this case has been achieved:

1. Risker stated at the WBB pseudo RfC: “For the record, I did not vote on Will Beback's unban request, and I opposed banning him in the original case.”
2. At the WBB Ban Appeals case AGK, Silk Tork, Carchroth, Roger Davies and Nuclear Warfare all made their views clear.
3. And here at this WBB ARCA case NewYorkBrad, Timotheus Canens, Salvio giuliano and David Fuchs have added their views.
4. Worm That Turned is currently listed as an inactive Arb.
5. So that leaves only two arbs that have not yet self-released their “vote”: Courcelles and Kirill Lokshin. Those that feel a strong need to hear from Courcelles or Kirill Lokshin on this matter may approach them on their user talk pages and pursue their statements in that way.

With this in mind it would appear that the WBB ban appeal issue, which has been pursued in five separate venues, involving more than 100 editors, Admins and Arbitrators, has run its course. (Note: The five venues are: WBB's private request via email, WBB's talk page, WBB's psudeo RfC in Doc James' sandbox, Arb Ban Appeals and here.)-- — Keithbob • Talk • 22:18, 2 May 2013 (UTC)

Statement by Writegeist

I note Collect's procedural/policy/guideline-based opposition; and note also the history of his interactions with WB at article talk pages, where WB clearly does not suffer Collect's debating—or editing—tactics gladly. (The discussion here is representative, e.g. where WB comments: Collect, you haven't even bothered to respond to two different compromise offers. You haven't explained how you decided to chose the items on the list. You've brushed aside my policy-based concerns and falsely accused me of objecting to the material based purely on not liking it. And you've engaged in edit warring to keep your preferred version in the article. That is not good editing behavior. As for the assertion of a "clear consensus", I don't know if that's intended to be humorous. It's so absurd that I have to take it as a joke. If there were a consensus there would not be this long thread and the award section would not be the subject of edit warring.) Nevertheless, precedent or no, the Arbs are perfectly capable of responding to this request, and it's important they do so, not least because, as SlimVirgin has said, when Arbs stand for reelection there are editors who may want to support or oppose based on this issue. This main narrative thread so far is one of evasion and obfuscation. It's time for full accountability and clarity. Where there's a will there's a way. Writegeist (talk) 22:27, 2 May 2013 (UTC)

Comment from Heim

Apparently this committee no longer believes in accountability or transparency. Your reasoning basically comes down to "we don't want to release this information; we get to keep secrets". Fine. People here who rightly think we ought to have access to this info for our voting purposes: instead, vote out these politickers who are obstructing transparency. Though frankly, if they had any decency as Wikipedians, they'd either quit obstructing or resign from this joke of a committee. Heimstern Läufer (talk) 15:06, 3 May 2013 (UTC)

Statement by Momento

Agree with SilkTork. If the "discussion was held on the understanding that it was held in camera" then the Arbs should keep it in camera unless there is unanimous agreement by everybody who contributed to the discussion to change that understanding. That surely satisfies MastCell's request for "a concise explanation of why such a tally cannot be released". MOMENTO 23:05, 3 May 2013 (UTC)

Statement by other user

Clerk notes

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

Arbitrator views and discussion

• Decline. It wasn't a vote tally, it was a discussion held on the understanding that it was held in camera. Also, such a vote tally serves no purpose. Will can appeal again in six months, and hopefully when he does, he will address the concerns that have been shared with him. That is the appropriate way of dealing with this matter. SilkTork 19:35, 29 April 2013 (UTC)

• Decline release of tallies. Tallies in straw polls are informal documents created purely for the purpose of seeing which way the wind is blowing. They help They are part of the process of deliberating. What's more, they are rarely binary and usually express nuanced thoughts and positions. By releasing tallies, the committee would be releasing, in effect, private working papers. The committee handles too much sensitive stuff to establish a precedent that it should disclose deliberations lock, stock and barrel whenever the torches and pitchforks come out. If something is done in private with a reasonable and legitimate expectation of privacy, it's private. On the other hand, there has never been a problem with individual arbitrators stating, should they wish to do, what their position is on a particular issue.  Roger Davies 20:02, 29 April 2013 (UTC)
  • @II. The obvious thing to do is for WBB to request a review of his ban here. I have no difficulty with that at all and it mystifies me why this hasn't been done. Instead we've got this request based purely on procedural stuff, which isn't really of that much significance. (I've added "release of tallies" to my Decline above, to make it clearer what I'm declining.)  Roger Davies 21:25, 29 April 2013 (UTC)
• If MastCell wants to factor this failure to unban Will Beback into his vote come December 2013/4, he should be able to. I am disappointed in Arbitrators who opined that the appeal ought to be dismissed and are choosing not to reveal that fact to the public. NW (Talk) 20:52, 29 April 2013 (UTC)
• MastCell, this is not what clarification/amendment requests are for. In my opinion, if you wish to know how an individual arb voted, you should ask him on his talk page. That said, I believe that a more important question for Will to ask would be "why was my appeal declined?", so that he can take that into account when appealing next. This request should be archived. Salvio 21:32, 29 April 2013 (UTC)
  • NE Ent, the policy you quote only refers to cases, not to appeals; to my knowledge, the Committee has never made a public announcement whenever an appeal gets declined (considering BASC receives many appeals per week, that would be unwieldy). Declined appeals are usually only discussed with the appellant. Salvio 21:57, 29 April 2013 (UTC)
    • Are you suggesting that this appeal is not a decision related to a case? I believe that, according to current practice, appeals are not decisions related to cases, at least not in the sense meant by Misplaced Pages:Arbitration/Policy#Transparency and confidentiality: declined appeals have never been publically discussed. Salvio 22:23, 29 April 2013 (UTC)
• My internal comment when we considered this appeal in February was, in substance: "For us to decline this appeal, this long after the decision was issued and despite Will Beback's note to us, would be to say that Will Beback is one of Misplaced Pages's worst editors: that there is no set of restrictions and no amount of guidance that we could provide that would allow him to edit productively and within policy on any topic; or that the way he crossed the line with respect to TimidGuy was so unforgiveable that, to revive and modify a well-known phrase, he can never again be a Wikipedian. Given Will Beback's record of contributions, and despite his various failings, I am not prepared to say that." Accordingly, my vote was to grant the appeal and allow Will Beback to return, subject to appropriately tailored restrictions on his editing to reduce the likelihood of further problems. Because the majority voted to decline the appeal, we did not reach the issue of what the appropriate conditions for a return might have been. I do not feel at liberty to set forth the votes or comments of my colleagues, but I would stress that each of them commented and voted in good faith based on his or her evaluation of the original case and the appeal. Newyorkbrad (talk) 23:30, 29 April 2013 (UTC)
• I didn't vote in the appeal because large parts of the appeal challenges the findings made in the original arbitration case, but I was unable to find the time to fully examine and evaluate the voluminous public and private evidence and discussions related to that case, and hence could not possibly reach an informed decision. As to whether the tally should be released, I'll defer to my colleagues who have actually voted in the matter. T. Canens (talk) 02:31, 30 April 2013 (UTC)
• There's no policy reason to release tallies for ban appeals. On occasion, we have used more formal votes as a clearer way of seeing where the arbs stand (for instance, if there are a number of options for unblock conditions, etc). But that's not applied retroactively, nor should it. As to entertaining Will's appeal earlier than six months, I don't see any reason why the consensus (or, depending on how you look at it, lack of consensus) that he should be unblocked even on narrow conditions would have changed, especially as a result of this carousel of RfCs, noticeboard posts and clarification requests. Der Wohltemperierte Fuchs 13:09, 30 April 2013 (UTC)
• I agree with T. Canens that finding the time to fully examine and evaluate the voluminous public and private evidence and discussions related to that case is indeed a problem. If arbitrators were expected to review even recent cases with the expectation of reversing or overturning them, the workload would be too much (some ban appeals that focus on righting past injustices as perceived by the appellant would require reviewing years and years of e-mail and on-wiki edits, which is just not possible). It is much better to take an approach whereby banned editors accept or move on from the details of a case, and accept that a return to editing will need to be under restrictions, and then gradually request those restrictions be lifted (rather than argue about them at the time of requesting a return to editing). On this particular matter, I agree with David Fuchs. There needs to be an acceptance that this appeal has failed, and a recognition that this formal on-wiki stage is the last step in the process of seeking clarification on the appeal. I do think that a more formal response here, as opposed to the ones provided at WT:BASC, was needed, but that should now be an end to the matter until the six months has elapsed. tldr: what SilkTork said. Carcharoth (talk) 23:22, 30 April 2013 (UTC)
• I very much believe that each arbitrator should state whether they voted for or against Will Beback's appeal, but that cannot happen without a unanimous vote by the arbitrators to do so. My own vote, as I have repeatedly stated elsewhere (mostly at WT:BASC in one long comment), was to decline his appeal. More broadly speaking, I think people should be moving on from Will's appeal to other things, and that they are not only compounds my concern that this particular patter has become deeply politicised. Will can appeal his ban again in the autumn, and for now I have nothing more to say about this matter. AGK 20:42, 4 May 2013 (UTC)