Wikipedia:Arbitration/Requests/Case/Reversion of office actions
Wikipedia Arbitration |
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Case opened on 01:56, 5 July 2019 (UTC)
Case closed on 01:56, 5 July 2019 (UTC)
This case is closed. No edits should be made to this page except by clerks or arbitrators.
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Case information
[edit]Involved parties
[edit]- WJBscribe (talk · contribs · blocks · protections · deletions · page moves · rights · RfA), filing party
- WMFOffice (talk · contribs · deleted contribs · logs · filter log · block user · block log)
- Floquenbeam (talk · contribs · blocks · protections · deletions · page moves · rights · RfA), added by BU Rob13 on 04:08, 13 June 2019
- Bishonen (talk · contribs · blocks · protections · deletions · page moves · rights · RfA), added by BU Rob13 on 04:08, 13 June 2019
- Primefac (talk · contribs · blocks · protections · deletions · page moves · rights · RfA), added by SchroCat on 11:23, 26 June 2019
- Maxim (talk · contribs · blocks · protections · deletions · page moves · rights · RfA), added by SchroCat on 11:23, 26 June 2019
Prior dispute resolution
[edit]Wikipedia:Bureaucrats' noticeboard#Resysop request (Floq)
Wikipedia:Community response to the Wikimedia Foundation's ban of Fram
Preliminary statements
[edit]Statement by WJBscribe
[edit]I restored the admin permissions of Floquenbeam (talk · contribs · blocks · protections · deletions · page moves · rights · RfA), which were not removed through a community process or as a result of a ruling by ArbCom. My reasons for doing so are stated in this post. I refer this action to ArbCom for review and scrutiny. I will of course accept any sanction that ArbCom judges appropriate.
- @SilkTork: Doesn't it depend on what the call is about? ArbCom may well want to explore with the WMF the circumstances of the ban of Fram (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) and the later decision to desysop Floquenbeam (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) instead of referring either matter to ArbCom. In the case of the former at least (I stand by my view that there could be no justification for the latter), it may that sensitive non-public information played a part - although I think everyone increasingly doubts it - so that it might be legitimate for that discussion to be had off-wiki. If the conversation were to move towards the general subject of WMF v Community relations, and the extent of the self-governance WMF is willing to permit us, then I agree that discussion is best held in a more open forum. However, ArbCom members may be best placed to make the argument for why a more open forum is needed for that conversation. I think that you for one would make that case well, so I would encourage you to participate. WJBscribe (talk) 10:47, 17 June 2019 (UTC)
- @AGK: You're the only active Arb who (other than making some "clerking" edits, including changing the case title to make this case squarely about me, and creating bizarre redirects (see WP:Redirects for discussion/Log/2019 June 18#Wikipedia:TRUSA)) hasn't opined yet, even though the request has now been open for a week. I realise this case presents tough issues, but tough issues are what you're elected to deal with. Would you like to let us know your position...? WJBscribe (talk) 23:31, 19 June 2019 (UTC)
When I restored Floquenbeam (talk · contribs · blocks · protections · deletions · page moves · rights · RfA)'s permissions, I did not do the same for Fram (talk · contribs · blocks · protections · deletions · page moves · rights · RfA). I have thought about that a long time. I guess I wanted to give WMF a chance to explain themselves, to engage with the Community (or ArbCom) and justify their actions. They have not done so. More than two weeks on, the community has been met with obfuscation and delay, and ArbCom has not been placed in a position to endorse WMF's actions against Fram. That isn't OK. I have therefore taken further steps are returned admin right to Fram. See my further statement at the bureaucrat's noticeboard [1]. The local status of Wikipedia:Office actions is now in doubt, but I nevertheless once again refer my actions to ArbCom for review. WJBscribe (talk) 23:57, 25 June 2019 (UTC)
Statement by JEissfeldt (WMF) on behalf of WMFOffice
[edit]My name is Jan Eissfeldt and I’m commenting in my role as Lead Manager of the Wikimedia Foundation Trust & Safety team.
The Trust & Safety team apologizes for the disruption caused by our implementation of an Office Action. While the application of Office Actions is at times unavoidable, in this case it caused disruption to the community, which was not our intention. By default, we always aim to follow the principle of least intrusion possible for Office Actions. In the future we will improve our coordination with community-elected bodies like ArbCom across the movement when carrying out our duties.
The recent change to Office Action policy that allowed for the introduction of time-limited and partial (project-specific) bans is not a change of the team’s scope of cases taken. However, it does alter the way that sanctions are enforced by introducing more gradual steps intended to fill the gap between conduct warning office actions and indefinite global bans. We acknowledge that there has been confusion about how these changes apply to the English Wikipedia community.
Though my team followed precedent for a Foundation desysop of those who attempt to interfere in Office Actions, in deference to the confusion of this case, the Foundation will not be issuing further sanctions against or desysopping those who edited the block or the sysop rights of those who edited the Fram block to date. We defer to Arbcom’s judgment on how to proceed with regard to such behavior issues in this case.
The Trust & Safety team wants to stress that we do not want to impede or damage local processes on this project. We want to work with the English Wikipedia community and ArbCom on improvements to processes. We are closely following the discussions, including the ones on the ArbCom Noticeboard discussion page. about ideas for improvements and might comments on several of them in response to community questions there or on the other page as part of the issues we are currently exploring.
A more detailed post on the current situation is here and I will publish a first follow-up to non-ArbCom questions there shortly.--Jan (WMF) (talk) 19:29, 14 June 2019 (UTC)
- @@Nick: ArbCom traditionally partners with T&S Operations, which partners not just with this committee but also other community self-governance bodies like the Ombuds Commission or the stewards. James Alexander, during his time here, led the T&S Operations team itself, which was why he was present on ArbCom calls. I am in the role that Maggie Dennis previously filled, which means that while I oversee Operations, among other teams, I do not participate in the day-to-day tasks of Operations such as regular calls with community groups. Best, --Jan (WMF) (talk) 14:53, 21 June 2019 (UTC)
Statement by Floq
[edit]WJBscribe didn't add me as a party, but I probably am. I, too, will happily accept any sanction the en.wiki ArbCom feels is justified for unblocking Fram yesterday. However, in my (completely unbiased!) opinion, no sanction is due either one of us. --Floquenbeam (talk) 00:11, 13 June 2019 (UTC)
- @BD2412 and GorillaWarfare: BD's confusion is my fault. I said at VPP I wasn't going to ask for a resysop after my 30 day temporary desysop was up, as long as Fram was blocked. I did, however, ask for the bit back now at WP:BN. That's not quite as hypocritical as it might look at first blush, because (a) Fram isn't blocked (tho he apparently, I guess wisely, still isn't editing), and (b) since this was a request to basically overturn the desysop, I viewed that differently than asking for a resysop after serving my time. (plus, I didn't actually expect to be resysopped....) If, as I expect, I'm eventually desysopped by WMF again, I do not plan to ask for the bit back if Fram's still WMF-blocked. I'm using up my precious 500 word allotment to address minutiae, I know. --Floquenbeam (talk) 12:21, 13 June 2019 (UTC)
- If en.wiki ArbCom - Hell, if any one ArbCom member wants me to stop using the tools, just tell me. No need for a motion. I'm under no illusion that I'm going to be a sysop here when the dust settles anyway. But God damn it, it's going to be en.wiki ArbCom that tells me to hang them up. --Floquenbeam (talk) 16:03, 13 June 2019 (UTC)
- I don't believe that my unblock of Fram was within local policy, as some are trying to frame it. If there is some loophole I could wiggle through if you parse the words one way or another, I'm not interested in wiggling through it. I thought at the time that it was clearly a violation of local policy, and I knowingly did that per IAR; in extremis, I knowingly broke a rule to improve the encyclopedia. Reversing the WMF's block Fram - with overwhelming consensus to do so - was clearly in the best interests of the English Wikipedia. The contempt WMF is showing our local processes and "self rule" needed to be addressed somehow, and I firmly believed - and still believe - that they would have replied with 1/4th the current (insufficient) effort if all I'd done is join the long, long, long list of people objecting on WP:FRAM. They can break local policy and ignore overwhelming local consensus with impunity; I felt that breaking local policy with ... punity? ... was my only recourse. It was not a result of my "confusion", as Jan implied in one of his posts, even if it might be easier to make it all go away if we pretended it was. So if things are leaning towards "don't desysop Floq, but issue a clarifying motion that such action in the future will result in a desysop", then please don't. That's a cop-out. Either support the unblock (which would make me proud), or say you disapprove of the unblock (which I would completely understand) and chose from the spectrum of possible responses (no action, reprimand, temp desysop, permanent desysop, block, 1 year ban with no appeal). But let's not pretend I didn't know what I was doing in order to make the decision easier for you, or the consequences easier on me. --Floquenbeam (talk) 15:36, 21 June 2019 (UTC)
- @Worm That Turned: I don't think there is a crisis of confidence in ArbCom; certainly not widespread, at least. If there was, I agree an election would be the solution. I think the crisis in confidence is regarding the community and WMF T&S, which neither an election, nor an ArbCom statement, can solve. --Floquenbeam (talk) 20:09, 25 June 2019 (UTC)
- @El C: The short version: I don't think there is anything ArbCom can do. Long version: available on your talk page if you want, but I'm using up my precious word allotment, I'm risking getting the dreaded word counter added here... Anyway, we seem to have edit conflicted, I was mostly telling WTT that I think he misunderstood your comment about "crisis of confidence", but you said the same thing 2 minutes earlier and I didn't see it. --Floquenbeam (talk) 20:26, 25 June 2019 (UTC)
Statement by Bishonen
[edit]I have a question for Katie, and also Rschen7754. Arbcom famously doesn't go by precedent. The policy states: "While the Committee will typically take into account its earlier decisions when deciding new cases, previous decisions do not create binding precedent. As community policies, guidelines and norms evolve over time, previous decisions will be taken into account only to the extent that they remain relevant in the current context.
So if Katie's suggestion for a motion that "in the future, reversal of WMF office actions will be met with desysop and no RFA for at least six months"
is supported by the committee, can that motion even tie the hands of future committees? In six months, we'll already have a partly different committee. Maybe they won't think it's relevant in the next context.
As long as I'm here, I'll just say I agree with Floquenbeam's recent addition.[2] What he says goes for me too. Bishonen | talk 10:00, 22 June 2019 (UTC).
- @SilkTork:
"We've had no communication from [the WMF] since the 19 June phone call meeting other than setting up the next call on 3 July".
[3] Thank you for sharing that in your comment on the Fram request below. I had been assuming there was ongoing communication. If WJBscribe knew the input from the WMF was this slow, it's IMO no wonder he lost patience.User:KrakatoaKatie, I've always had great confidence in your judgment. You said on 23 June that you were very encouraged by the initial conversation the committee had had with T&S, I presume meaning the conversation on 19 June. May I ask if you're still, now waiting for another conversation on bleedin' 3 July, very encouraged? Bishonen | talk 10:34, 27 June 2019 (UTC).
- @Opabinia regalis and Joe Roe: The motion "Reversion of office actions (II)" seems to aspire to create policy by fiat, since reversal of Office actions is not considered wheel warring per WP:WHEEL. I know Hawkeye7 states above that it is, but he's clearly misreading the policy, as Cryptic has pointed out. It may not be a big deal in this case, but it does seem like encroachment on our policies, and might, as you say, "set expectations" for the future around what wheel warring is. It's hard to believe anybody has a taste for starting an RfC to get the policy changed, but of course that's up to you. Bishonen | talk 09:37, 30 June 2019 (UTC).
- @Joe Roe: Frankly, you seem to be only quoting the bits of WP:WHEEL you like, just like Hawkeye7 did. Yes, it's listed as a possible indication of an incipient wheel war, along with not only "deliberately ignoring an existing discussion in favor of a unilateral preferred action", which you quote, but also along with "an administrator getting too distressed to discuss calmly". Do you consider such distress "wheel warring" also? It's in the same list. It's not just "some" that prefer to strictly reserve the phrase wheel warring for the second revert onwards"; it's the policy. Also, @SilkTork: do you really think it's useful to talk about ""wheel warring over office actions", instead of simply about reversing office actions? I don't know why you guys love to shoehorn in wheel warring into this, when all it does is make trouble. For example, applying SilkTork's phrasing to me and Floquenbeam would have made a (presumably unwanted) distinction between the two of us, because I wheel warred, but Floquenbeam did not. But I won't comment on this stuff further. It's no skin off my nose, and I can see it's a mere annoyance. Bishonen | talk 11:29, 30 June 2019 (UTC).
Statement by Primefac
[edit]I do not have much more to say than what I said in the closing statement of the original BN thread regarding WJB's actions, but I suppose I should explain mine/Maxim's.
Following WJB's re-sysop of Fram, Maxim and I discussed on IRC what (if anything) should be done; we agreed with TonyBallioni's statement regarding a rock and a hard place for any other 'crat (to paraphrase heavily), and set out to see if WJB's actions (regardless of motivation) were permitted by policy. If they were, we were willing to let ArbCom and/or the WMF sort it out. They weren't, however, and with WJB acknowledging that they would not consider a reversal to be wheel-warring we reversed the action.
Regarding Xeno's statement above: while Maxim pulled the trigger, I was just as equally involved and it could have easily been me that flipped the bit and Maxim that posted the closing statement, but I crafted the language of the close so it went the way it did. I also think it is improper to call it an out-of-process desysop, because the sysop itself was out-of-process; we simply corrected an error — besides, we're so far away from "proper process" and any sort of normal that there is almost nothing regarding this case that can be considered "in-process". Primefac (talk) 16:45, 26 June 2019 (UTC) (please ping on reply)
- For the record, I find zero reason to release IRC logs that basically boil down to an hour of "does this policy allow/disallow their actions?" and discussing the wording of the close. If the Arbs give a good reason for needing said conversation then I will not oppose sending it to them. Primefac (talk) 13:29, 29 June 2019 (UTC)
Statement by Maxim
[edit]I don't have much to add to Primefac's statement. The action was taken to revert the extremely unusual situation to previous level of detente while other involved parties (i.e. WMF, Arbcom, community) continued the discussion, without prejudice to future direction to re-admin Fram's account. Maxim(talk) 23:35, 26 June 2019 (UTC)
Preliminary statements by uninvolved editors. |
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The following discussion has been closed. Please do not modify it. |
Statement by Tryptofish[edit]
Statement by Mz7[edit]The facts of the matter aren't really in dispute: WJBscribe, Floquenbeam, and Bishonen have all knowingly modified clearly designated Wikimedia Foundation office actions, which is something that has been sanctioned in the past by the Arbitration Committee (e.g. [4]). The Arbitration Committee has jurisdiction to review administrator and bureaucrat conduct with respect to office actions, but no jurisdiction to review the actual office action itself (c.f. WP:ARBPOL#Jurisdiction). The question now is whether it would be prudent for the committee to intervene at this stage in this case – honestly, I don't have a view here yet, but given the complexity of the case I'm thinking the answer will eventually be "yes", though right now may not be the best time to do so to avoid needless inflammation. Mz7 (talk) 00:20, 13 June 2019 (UTC) Statement by Xaosflux[edit]It may be a bit premature, but I suggest that the committee take up a single case, and expand it to all of the wheel warring that has occurred since Fram has been banned by the foundation. Suggest this is held for at least a few days as there may be more parties. — xaosflux Talk 00:23, 13 June 2019 (UTC)
Statement by Hell in a Bucket[edit]There needs to be a great meeting that is open and transparent and Arbcom needs to represent the communities interests in this. I think opening a case with respect to this is needed as I think this is a crisis in the making in how this place functions. Hell in a Bucket (talk) 00:28, 13 June 2019 (UTC) Statement by ST47[edit]This situation remains too "hot" for a case to start at this time - with daily wheel-warring, there would be a dozen new parties before the evidence phase even ended. I would encourage ArbCom to consider ways to help cool the situation down by motion - possibly including removing tools from some of the parties pending resolution of the eventual case. Since at least some of the admins involved have stated that they don't believe their actions constitute wheel warring, a clarification from the committee on that point (and a statement that future participants will lose the relevant tools) may be helpful. A full case will eventually be necessary to determine the outcome with respect to Floquenbeam's and Bishonen's sysop bits (who should be added as parties to a consolidated case), WJBscribe's crat bit, any future wheel warriors, and (if the committee feels there's anything to rule on) Fram's own sysop bit, once their office ban ends. ST47 (talk) 00:35, 13 June 2019 (UTC) Statement by StudiesWorld[edit]I agree with xaosflux on this. While I believe that it is, at this time, premature to accept a case, I also think that this will inevitable come to the Committee and allowing it to expand would make sense. I would add that I think that the case should be more expansive than any concerns regarding wheel-warring to include an investigation of the off-wiki harassment of contributors and any other conduct issues that may arise from this incident. As stated by ST47, I also think that the actions of Floq and Bish should be reviewed with an eye towards possible violations of WP:OFFICE and loss of community trust. StudiesWorld (talk) 00:37, 13 June 2019 (UTC)
Statement by EllenCT[edit]Please use this opportunity to review the propriety of the Office actions, starting with the unilateral expansion of their remit to local non-legally necessary imposition of sanctions within the purview of established conduct policy and community processes and removal of advanced permissions; imposition of civility standards without community involvement, review, or approval, with secret trials by secret and unaccountable judges without the right of representation, defense or appeal, on secret evidence submitted by secret accusers; including the issues of "appropriate principles and our established constitutional order" cited by Jimbo;[5] and whether and which such actions are appealable to him.[6] EllenCT (talk) 00:51, 13 June 2019 (UTC) In connection with the likely scope of this case given arbitrator comments so far, I would like to make sure they are aware of this offer from Fram, inviting "the WMF to provide their evidence to a number of trusted WMF people who have no real reason to defend me, but whom I still trust to be impartial. People like Newyorkbrad, Drmies, Ymblanter, GorillaWarfare, Giant Snowman, ... Let them judge the evidence in private, without sharing it with me; if they agree that a) the evidence is compelling, and b) it couldn't have been handled in public, then so be it." EllenCT (talk) 01:27, 14 June 2019 (UTC)
Statement by Drmies[edit]I think there is no way for ArbCom to avoid taking this, and it will be a good opportunity for the committee to affirm its commitment to our collaborative system of editing and our community-driven governance. The resysopping of Floq was, at worst, an excellent use of WP:IAR (with the caveat that there were no rules for this situation, I read IAR as Do the Right Thing), and in my opinion a pretty clear expression of the community's desire to not be ruled by unelected officials who have very important jobs, which sometimes require secrecy, of course--but in this case they completely failed to explicate anything at all to the community. Drmies (talk) 00:50, 13 June 2019 (UTC) Statement by Sir Joseph[edit]While I appreciate some aspects of IAR, I also appreciate that WMF ultimately has the defacto authority here and we have to weigh IAR against anarchy. We can't have admins and bureaucrats going around making changes. So ARBCOM does need to discuss this. Whatever the reasons for the WMF ban, there needs to be a clear line of authority on who/what/when anything can happen. Also, I hereby rescind my topic ban, and ask that one of the admins modify the log so I can edit the full Wikipedia, in keeping with IAR. Sir Joseph (talk) 00:56, 13 June 2019 (UTC) Statement by Awilley[edit]An argument could be made that a good application of WP:IAR is to enforce the clear and explicit will of the community over the actions of a "random stressed underpaid employee" who tried to pull stunts that Jimbo himself couldn't get away with. I hope that Arbcom will side with the community should a case become necessary. (I suspect that in this case the cooler heads at the WMF will decide that it is in everybody's best interest for them to back down, at least from the Floquenbeam desysop.) ~Awilley (talk) 01:31, 13 June 2019 (UTC) Statement by 28bytes[edit]ArbCom does not have the remit to overturn Office actions, even ill-considered and badly communicated ones. It does have the option to offer leniency to any editors who, in good faith, have stood up against Office actions they felt were illegitimate and damaging to the community. I hope the committee will offer that leniency. 28bytes (talk) 01:52, 13 June 2019 (UTC)
Now that Maxim and Primefac have been added as parties I would like to extend my previous remarks about leniency to these well-meaning editors as well. Just as Floquenbeam, Bishonen, and WJBScribe acted in good faith to defend the community against unwelcome encroachment from the foundation, so too did Maxim and Primefac act to prevent almost certain retaliation from that foundation. We've already lost WJBScribe, I don't want to lose anyone else. 28bytes (talk) 23:25, 27 June 2019 (UTC) Statement by Javert2113[edit]
An update: given the serious losses in the admin corps, along with the questions raised regarding the propriety of actions performed by WJBScribe (given recent actions), it would be best for the Arbitration Committee to step in at this time. —Javert2113 (Siarad.|¤) 22:27, 26 June 2019 (UTC) Statement by BD2412[edit]There has already been some discussion of the fact that WMF's statement with respect to the desysop of Floquenbeam is somewhat ambiguous. It is arguable that it does not specifically forbid a 'crat here from restoring that bit,
Statement by BU Rob13[edit]Current word length: 501; diff count: 0. Let's see what the Office does in response to this egregious abuse of the bureaucrat toolkit, but I urge the Committee to accept this request. First, and most importantly, WJBscribe's action to revert an office action is egregious abuse of tools. It violates the Terms of Use. It should come with not only de-crat but also de-admin, as this is conduct severely unbecoming. Further, ArbCom should evaluate whether the desysops of Floq, Bishonen (pending, but sure to come), and WJBscribe (if you address that question) are under a cloud and require an additional RfA under existing policy. ~ Rob13Talk 04:08, 13 June 2019 (UTC)
Statement by KTC[edit]It doesn't matter how much they disagree with the Office action over Fram. Knowingly and deliberately reversing an Office action is a flagrant abuse of the bureaucrat toolkit by WJBscribe and administrator toolkit by Floquenbeam and Bishonen. Being popular, or making a popular decision doesn't make it right or okay. Everyone involved knew their actions is a violation of policy / against Foundation enforcement of the ToU. That's why it was done. To make a public stand. Well great, you got the plaudits, now suffer the associated consequences. -- KTC (talk) 07:15, 13 June 2019 (UTC) Statement by Xover[edit]There is no question or dispute over the actions involved in this case. There is little or no dispute over what the applicable policies are in this case. Thus the central issue is that the named editors (including Floq, who I agree should be named as a party) assert the necessity and justness of their actions despite existing policy. The situation precipitating these actions is also hugely controversial, still emerging, still hovering between escalation annd deescalation, and with potentially massive and unpredictable long-term consequences. The discussion—despite valiant efforts by some to centralize and structure them—is also spread out over who knows how many noticeboards, project and user talk pages, and even across projects. For these reasons I believe it is too soon for ArbCom to deal with the actual issue here; ArbCom will have to deal with one or more cases springing from this eventually, but the "fog of war" makes that impossible right now. There are also big questions about what ArbCom's effective remit will be in the locus of those cases when we get to them. I also believe that ArbCom can't simply ignore this issue (decline the case): doing so would in practical effect contribute to the chaos and risk contributing (unintentionally) to further escalation in an already fraught situation. I would therefore urge the comittee to consider resolving this by motion, and that the motion that will best serve the community in this case is to employ, in effect, jury nullification (CGP Grey explainer video, 4:30). There is no real dispute about the actions or the applicable policy: but to implement a remedy based on that policy right now would be "unjust" (it would offend the sense of justice of the vast majority of the community), and would put ArbCom in an impossible situation. Resolve by motion that the named parties all violated policies in various ways, but that ArbCom will enact no remedies under the current circumstances. Once this mess shakes out and it becomes possible for anyone to get any kind of perspective on it, that calculus will be entirely different. --Xover (talk) 07:42, 13 June 2019 (UTC) Statement by Banedon[edit]@WTT & Callanecc, are case requests now venues for discussion? I don't understand. As a RFAR, the request is asking the committee to resolve a dispute, not saying "hey here's a problem, let's discuss it in this structured venue". This also seems distinct from any extra information, board meetings or anything like that; it's simply a question of whether WJB stepped out of bounds by reinstating Floq's admin tools knowing what he did at the time. Banedon (talk) 07:59, 13 June 2019 (UTC)
Statement by Fæ[edit]Clearly the remit here for Arbcom is not simply to make a statement about WJBscribe's actions, or to limit themselves to sanctioning WJBscribe when they are unable to sanction WMF employees acting anonymously as "WMF Office", even when blatantly wheel warring. Arbcom is in the dock here, Arbcom has failed the Wikipedia community by failing to maintain a positive relationship with the WMF and contacts within WMF T&S. If Arbcom had not failed to fulfil its role on this project, then WMF T&S would trust Arbcom with the claims of harassment or bullying that underpin WJBscribe's actions. More fundamentally Arbcom must restore the Wikipedia and wider Wikimedia community's trust by considering motions that:
Lastly much has been made of the evidence that the WMF provided this "Fuck Arbcom" diff to justify their ban of Fram's account for abusive conduct. If Arbcom accepts that such vulgar conduct, in particular by an administrator, is unacceptable for this project, then this threshold for bans and sanctions for abuse or bullying should apply equally for everyone, including Administrators, Arbcom members and WMF Trustees such as notorious potty mouth and unelected Arbcom member Jimmy Wales:
--Fæ (talk) 05:47, 14 June 2019 (UTC)
Rather than forcing reports to T&S, Arbcom must lead reform of WP:ANI, providing an effective space for disparaging remarks to be unacceptable across the whole of Wikipedia. This week Giano's unacceptable transphobic "joke" about his wife in drag (diff) to demean the WikiLovesPride content drive, resulted in abuse against a complaint even being raised. Giano received no sanction, no warning, and continue to defend their "joke". This is our current norm for Wikipedia, a place where we cannot complain about abuse, behaviours that Arbcom supports through inaction. Wikipedia:Administrators'_noticeboard/IncidentArchive1013#Misogynist_and_transphobic_banter_with_fellow_Wikipedian(s):
I have added diffs for statements by Sitush above at their Statement by Thryduulf[edit]I don't think this needs a full case as the facts are not in doubt: Floquenbeam, Bishonen and WJBscribe all used advanced privileges to overturn an office action, something that is explicitly prohibited in policy. The only reasonable response to this is to remove all their advanced privileges. These not to be returned without a new RFA, to be held after the dust has settled. The merits or otherwise of the Office actions are irrelevant, and even if they weren't they are explicitly outside the remit of the committee to investigate. The questions regarding civility and its enforcement are completely separate and should not be conflated with the necessary removal of privileges. Thryduulf (talk) 08:58, 13 June 2019 (UTC)
Statement by Oshawott 12[edit]
Statement by WBG[edit]
Statement by Black Kite[edit]
Statement by Softlavender[edit]
@28bytes: I'm well aware that the tweet was deleted two hours after it was reported at WP:FRAM and 16 hours after it went live on Twitter. That does not change or excuse the fact that an official WikiProject and Wikimedia-linked Twitter account with over 6,000 followers stated publicly on Twitter that a long-term Wikipedia administrator in good standing had committed "real crimes". Softlavender (talk) 02:46, 15 June 2019 (UTC); edited 03:27, 15 June 2019 (UTC) Statement by SN54129[edit]Current word length: 434; diff count: 0.
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Preliminary decision
[edit]Clerk notes
[edit]- This area is used for notes by the clerks (including clerk recusals).
- I have removed a few statements that do not contribute anything to the question of whether to accept a case or not. To those editors, there was nothing objectionable in your statements and you are not unwelcome here; I am just trying to keep the case request as manageable and relevant as possible. GoldenRing (talk) 09:20, 13 June 2019 (UTC)
- (Note of a clerical nature, rather than by a clerk as such.) @BU Rob13: The request may be renamed after the committee's view crystallises. I was renaming as a judgement on what the request should not be (a bunch of words all boiling down to one bureaucrat's name) named rather than what it necessarily should be named. Watch this space, I guess. Significant renames are usually handled when the case is opened. AGK ■ 17:15, 13 June 2019 (UTC)
- Recuse I have spoken about issues that might cross over with this case with a reporter that I respect at a national (US) outlet --Guerillero | Parlez Moi 20:15, 13 June 2019 (UTC)
- Note to all: Please remember that the purpose of statements here is to help the committee decide whether arbitration is necessary, not to give detailed arguments for particular outcomes. I have asked a couple of editors to trim their statements in line with the word count limit (1,000 words for parties, 500 for others), bearing this particular point in mind. GoldenRing (talk) 09:03, 14 June 2019 (UTC)
- Clerk Note At the direction of the committee I've removed references to Wiki Project Women in Red as they did not play a role in the change of user rights. --Cameron11598 (Talk) 16:54, 15 June 2019 (UTC)
- Since there seems to be some concern with where I received the directions from the committee. The clerks team was instructed to remove statements pertaining to WikiProject Women In Red on the Clerks-L mailing list by a member of the Arbitration Committee. --Cameron11598 (Talk) 07:21, 16 June 2019 (UTC)
- As above, I have removed the remaining references to WiR. SQLQuery me! 01:22, 16 June 2019 (UTC)
- BU Rob13, Amakuru, Atsme, MJL: You are all over the word limit to varying degrees. Please trim your statements. Snow Rise gets the prize for correctly guessing the number of sweets in the jar. GoldenRing (talk) 16:02, 21 June 2019 (UTC)
- Thanks to those who have shortened their statements. GoldenRing (talk) 09:48, 24 June 2019 (UTC)
Arbitrators' opinions on hearing this matter (9/0/0)
[edit]- Comment The last thing I want is for the Arbitration Committee to rush into becoming involved in an already fraught situation and make things worse. I intend to keep up-to-date with all of the various conversations surrounding this to the best of my ability, but I would like to be deliberate about any action we choose to take. There is no rush to decide whether this case needs to be accepted, and especially considering that the board will be meeting in a few days and that the folks behind the WMFOffice account are likely not working around-the-clock, we should extend some understanding that things may move a bit slowly on the WMF side of things. GorillaWarfare (talk) 01:38, 13 June 2019 (UTC)
- @BD2412: No comment on the point you're making, but I did want to note that Floquenbeam did indeed request it. GorillaWarfare (talk) 04:09, 13 June 2019 (UTC)
- I would like to publicly register my support for what Opabinia has suggested below: using this opportunity to have an
arbcom community consultation/RfC on a few key points of improvement for local community processes for dealing with complaints about harassment and related behavior
. GorillaWarfare (talk) 18:26, 16 June 2019 (UTC) Accept with the intention to resolve the case by motion, and follow up with an RfC (organized by the Arbitration Committee) on how the community would like to see harassment and private complaints handled going forward. While I fully understand SilkTork's concerns about doing this in RfC format, I think we could organize an RfC with moderation rules similar to an ArbCom case and ask the clerks to keep careful watch over the page. This page has already become quite long, and much of the conversation here addresses matters outside of the scope of the RfC I'm envisioning, so I'd rather not try to lump it all in to this case. GorillaWarfare (talk) 21:06, 23 June 2019 (UTC)- I stand by my wish to follow this with an RfC, but I am reconsidering whether a full case is needed. GorillaWarfare (talk) 02:46, 26 June 2019 (UTC)
- After a night thinking it over, I have decided that we would be doing a disservice to the community by handling this by motion. I think we do need to devote a full case to this. I would still like to see conversations about future harassment incidents and the relationship between the community, ArbCom, and WMF to be held in an ArbCom-hosted RfC, but I do think we need a full case to address the concerns raised here. Accept with the intent to open a full case. GorillaWarfare (talk) 18:26, 26 June 2019 (UTC)
- I would also like to clarify the scope I'm envisioning for this case. The Arbitration Committee (at least at this time) does not have access to the information that the T&S team/WMF presumably used to make their decision. I think it would be inappropriate for us to relitigate whether Fram deserved a ban—that decision has been made by the WMF and cannot be overturned by the ArbCom even if we were to disagree with their conclusion, and without the full picture, the only possible decisions we could reach are "based solely on evidence presented at this case, and not necessarily the evidence off which the WMF was working, a ban of one year was justified (or we choose to impose a stricter sanction)" or "based solely on evidence presented at this case, we would not ban Fram, but because we're operating with a limited view of the evidence, we cannot say the WMF ban is undeserved." Making a decision based off of a limited set of evidence, when a decision has already been made on a fuller corpus of evidence, seems pointless at best, and counterproductive at worst. It also seems like an inappropriate set of outcomes—no outcome would change the effect on Fram (other than possibly extending a ban, I suppose). Therefore, I think this case should be opened and limited in scope only to the actions of various community members after the ban was placed: namely, those who took actions using their admin or bureaucrat tools. I have not decided whether the ArbCom should be sanctioning users for overturning an action we don't fully understand, or sanctioning users that the WMF has specifically decided not to sanction, but that is precisely what a case would be for. I would specifically choose to defer any conversation on how harassment, private complaints, etc. should be handled going forward to the RfC—I think combining that and the admin/crat conduct would make for a much too large case. GorillaWarfare (talk) 23:21, 26 June 2019 (UTC)
- Comment I've been doing my very best to keep shtum over the past few days, as someone is going to have to tidy up this mess. A case request is a good place to have some discussion. I intend to ask the clerk's to enforce word limits evenly and firmly. If there is something you want to say, say it succinctly. WormTT(talk) 06:41, 13 June 2019 (UTC)
- @Banedon:, no, case requests are awful places to have sensible discussions - but the case request page can act as a stopper to controversy around and about. Since it is monitored by clerks, hopefully extraneous discussion can disappear. WormTT(talk) 13:38, 14 June 2019 (UTC)
- My current thought is that we should accept the case and resolve it by motion. The facts are not in dispute, we all know what happened. I was looking back at what 2014 WTT thought about Arbcom handling Office actions and I agree with that wise individual. Those actions are rightly out of our jurisdiction. Things are still developing, so I may hold a different opinion in the near future - but I feel that any motion should make a statement about what happened and little more. I have little or no interest in sanctioning individuals who were reacting to such extraordinary circumstances. I empathise with those community members, and while I may not agree with their actions, I do understand them. If the WMF can make peace with our community member's dissenting actions then I see no benefit to the committee throwing around sanctions instead. WormTT(talk) 20:32, 14 June 2019 (UTC)
- @MJL: I remain unconviced. ArbPol specifically states that Arbcom Has no jurisdiction over OFFICE actions. I'm not willing to enforce their actions - they have the ability to do that. They appear to be attempting to de-escalate, by answering questions and not doubling down against the admins and 'crat who acted against them. When it comes to Office actions, I am willing to accept their decisions - they have more information than I do and the dialogue I have had with them over the past year and half has led me to trust the WMF of 2019 far more than the last time I was on the committee. Further, website owners are under increased pressure to manage their own communities properly. We are not in 2004 - the world has changed, and we need to accept that. Arbcom is the last step in dispute resolution amongst the community and the WMF actions are outside that remit. WormTT(talk) 14:50, 18 June 2019 (UTC)
- Xaosflux, thanks for that, I absolutely agree that any motion would need to answer those questions. My hope is that a closing motion would answer those questions to the best of the committee's ability - so that follow up cases would not be needed. WormTT(talk) 11:05, 24 June 2019 (UTC)
- WJBscribe, as a fellow 'crat, I'm stunned at the action you took last night. One fundamental rule of restoring sysop bits is that it comes from the community, not from the individual 'crat - there needs to be a request (I've seen none from Fram). There needs to be discussion (actually, on the sysop bit, there has been very little), and there needs to be consensus. None of these existed (or point me to them if they did). You chose to step over that fundamental crat role (of not making decisions, but weighing consensus), to give advanced user-rights to a user who has been banned for reasons that you (and I) am not aware of. I empathise with the fact that you took the action to snub the WMF - but it made no sense as an action. Fram is banned on the English Wikipedia for one year - if he takes any action, he will be globally banned indefinitely. I've been tempted to re-block Fram a number of times (and would do so at his request), simply because I do not feel it fair to allow him to be banned indefinitely because he makes an accidental edit. Your action almost appears to be egging him on to do just that.
I'm left with a quandary. I still believe that actions taken in retaliation to Fram's ban are out of our jurisdiction. In additition, I want to see this matter de-escalated. Yet, all the other actions up until this one have been made within the admins / 'crats individual authority. The only rule they broke was the "bright line" of "ignoring Office actions", but I firmly believe that the Office should be the ones to enforce Office actions - they have the full information, and the full toolset to do so. In this case, you did not hold the authority to make the decision, you crossed a number of additional lines - to snub the WMF. I need to think further, but it looks to me like you want to go out with a bang, to force a bad decision. That's simply not behaviour I expect of a 'crat. WormTT(talk) 07:55, 26 June 2019 (UTC)
- WJBscribe, as a fellow 'crat, I'm stunned at the action you took last night. One fundamental rule of restoring sysop bits is that it comes from the community, not from the individual 'crat - there needs to be a request (I've seen none from Fram). There needs to be discussion (actually, on the sysop bit, there has been very little), and there needs to be consensus. None of these existed (or point me to them if they did). You chose to step over that fundamental crat role (of not making decisions, but weighing consensus), to give advanced user-rights to a user who has been banned for reasons that you (and I) am not aware of. I empathise with the fact that you took the action to snub the WMF - but it made no sense as an action. Fram is banned on the English Wikipedia for one year - if he takes any action, he will be globally banned indefinitely. I've been tempted to re-block Fram a number of times (and would do so at his request), simply because I do not feel it fair to allow him to be banned indefinitely because he makes an accidental edit. Your action almost appears to be egging him on to do just that.
- Comment I've just come back from an extended break and am not intending to say much about this elsewhere on the project. As Worm notes, a case request is a good place to have some discussion about this as long as it is done calmly, respectfully and succinctly. Keep in mind that we may have more information after the Board meeting and that a case request does not necessarily preclude the Office from acting as they see fit. I'd also like to emphasise GW's comment that the folks in the WMF Office have office hours and we should not be expecting them to communicate around-the-clock. @Worm That Turned: did you intend to include the ≠ symbol? Callanecc (talk • contribs • logs) 07:15, 13 June 2019 (UTC)
- @Banedon: I was referring to comments specifically on the issue at hand: The use of admin/crat tools to override/interfere with/other characterisation an office action, what ArbCom's role is here, and when, if at all, we should take any action. My preference to wait until after the Board meeting is primarily that the result of that meeting could be directly relevant. For example, the Office may decide to act itself or the Board might ask that we all draw a line under it and move on. To what extent the outcome is relevant is an unknown at this point so I'd rather wait. Hope that answers your question? Callanecc (talk • contribs • logs) 12:36, 13 June 2019 (UTC)
- I dunno, guys, I don't think enough stuff is on fire yet. Come back when there's more stuff more on fire. (Since this is one of those situations where humor is in short supply: No, I'm not serious.) I agree with GW about patience with a WMF response, and plan to sit on my hands on this one for a bit. The board is apparently scheduled to meet on the 14th, so the time horizon is not long. Consistent with my general views on the subject of good-faith but imperfect actions taken under highly urgent circumstances, I actually think we could make some progress untangling the community aspects of this separately from inquiring further into the WMF's decision-making, but on balance it's better to take a holistic view if we can. One important point: I think most people who follow arbcom know that I'm not exactly the civility warrior type. So I am serious when I say that in this particular request, in any resulting case or other followup, and ideally in discussions of this issue across the project, please be extra civil. Even if your temper is frayed, even if you're sure you're right, even if the other person was rude, etc etc etc. Opabinia regalis (talk) 08:03, 13 June 2019 (UTC)
- Thank you JEissfeldt (WMF) for your comments and for your (in my opinion) wise decision to help us all de-escalate this situation by not pursuing further actions. I do not think we will need or should have a full case: reviewing office actions is out of the scope of an arbcom case, and dragging this out for a month about the community aspects under our purview would be the worst thing we could do. I'd accept only to dismiss by motion, documenting the outcome with no local sanctions. (Accept-and-dismiss sounds a bit silly, but is a handy way to make sure we preserve all the relevant history here in a searchable way that is consistent with all the other stuff in arbspace.) There's a lot still to unpack here, but I think we can more productively do that in other venues. To the extent that it's a communication-with-arbcom matter, that's better discussed privately; many of the remaining issues are either the subject of ongoing community discussion or are more general than an enwiki dispute resolution process. I understand there are ongoing conversations that people might be interested in contributing to on meta, for example this "Community health initiative/User reporting system consultation" talk page. Jan's statement indicates there will be further
initiatives that are designed to promote inclusivity by ensuring a healthier culture of discourse
, and may I strongly recommend that notifications about those initiatives be posted in places like the arbcom noticeboard where community members with knowledge of our dispute resolution processes will see them, as well as the usual places. And likewise, may I also recommend that enwiki editors voice their opinions in those processes. I personally don't tend to do that - in part because (ironically!) I don't tend to feel heard in those conversations - but perhaps that's a mistake and there's a communications gap on our end too. Earlier I floated the idea on the mailing list of channeling the widespread interest in this issue into an arbcom community consultation/RfC on a few key points of improvement for local community processes for dealing with complaints about harassment and related behavior. I think Steve's idea below has merit, but think we should start with a more focused agenda, and a format that doesn't have the local-sanctions/admin-conduct stuff in this case mixed in or leave the community members who are parties to this case waiting for discussions about other issues to wrap up. Specific points of interest, for me at least, would be:- communications expectations around actions taken on private evidence - which always generate lots of star chamber/secret trial drama, which is a disincentive for taking those actions (no matter how much I'd like to believe otherwise about my own motivations)
- managing the environment in case requests and on case pages - I know the contentiousness of cases can also be a disincentive to pursuing dispute resolution
- handling harassment-related complaints that are based mainly on public behavior, but where the complainant believes a public complaint will prompt retaliation
- Lastly: I am still hoping that we will get an answer to the question I asked in comments to Jimbo in advance of the board meeting, as to whether the ban rationale included non-public information (as I'd first assumed) or was based entirely on public behavior - either as a public response or privately to arbcom. Opabinia regalis (talk) 21:12, 15 June 2019 (UTC)
- @Only in death: I think "done deal", "roll over", etc. is the wrong framing. The argument is basically that this should have been handled locally. For that to be the case, we need to make sure of two things: first, that our local processes really can handle harassment problems within reasonable limits, and second, that this really did involve a set of complaints that were within those limits. The first part is something the community has struggled with before, and the conversation about this incident has highlighted some potential current problems. If there's problems, we should fix them while we have the opportunity, even if we don't like how they came to light. On the second part, I think we need more information still. We know what Fram has said on commons, but we do have to consider the possibility that he is misrepresenting or misunderstanding something (though it would be out of character). It is also possible that T&S chose not to describe the full range of issues in their communications to him because the material was private, or that some kind of misunderstanding or miscommunication occurred that led them to think the issue was beyond our limits when we would have thought otherwise. Being too confrontational puts us at risk of ending up in a worst-case scenario where we don't repair the damage to the relationship between the community and the Foundation, and we make it harder for harassment complaints to be handled by either party.
- Speaking more broadly - the three people who used their user rights here did a lot of things right. They saw something they really disagreed with, took the actions they thought were necessary, explained their reasoning, did not personally attack the people who made the original decision, and took responsibility for the consequences of their actions. Although their reactions were the ones that were "against the rules", and undoubtedly escalated the situation - and really, speaking with the Arb Hat on, are Things That Should Not Be Repeated - those actions are in many ways more constructive than a lot of the other stuff that's been said and done in response to this incident. There's aspects of the community's reaction here that I'm really uncomfortable with, and think we need to do better on. One is the rampant unsubstantiated personal speculation (please nobody repeat that stuff here). Another is the flame-war-y style of a lot of the comments about T&S staff - calling for their firing, accusing them of corruption, questioning their motives on dubious grounds, comparing them to various historical repressive regimes, etc (please nobody repeat that stuff here either). T&S is these people. We might recognize some of them. Any one of us can think they made a serious error, and say so, without all the purple prose.
- @Ms Sarah Welch: I'm not quite sure what you're suggesting we actually do with that. I think it's inevitable that we'd "take notice of" the WMF's actions here, if there were a case - and I suppose we could in principle vote on a collective statement of some kind - but I don't think this is best done in a case format. Relations with the office could be a topic to include in the RfC. Opabinia regalis (talk) 21:37, 16 June 2019 (UTC)
- Accept, solely to handle by motion. Opabinia regalis (talk) 10:20, 25 June 2019 (UTC)
- Well, that took a turn. OK, I get that there's a lot of pent-up frustration here, and a widespread sense of not being listened to or not having a working accountability mechanism, and that's a recipe for dramatic actions. As a purely practical matter, I think we'll be more effective if we act like a mature community that can handle its own dirty laundry rather than continuing with more brinksmanship. I'm still against a case. The whole point of the case structure is fact-finding; we gather evidence, and then we figure out solutions based on that evidence. It makes no sense to run a fact-finding process when no one who's going to participate has the relevant facts. I think we keep the basic structure of the motion as-is; nobody but WJBscribe has done anything that would need different treatment now than it did this morning. The RfC is about broader issues and separate from WJBscribe's re-sysop act, so keep that too. An act of conscience like this, I respect the motivation, but I think you usually resign when you do this kind of thing - as I see WJBscribe has now done. I think we make a note of that in the motion and otherwise move forward with it. Opabinia regalis (talk) 08:47, 26 June 2019 (UTC)
- Thank you JEissfeldt (WMF) for your comments and for your (in my opinion) wise decision to help us all de-escalate this situation by not pursuing further actions. I do not think we will need or should have a full case: reviewing office actions is out of the scope of an arbcom case, and dragging this out for a month about the community aspects under our purview would be the worst thing we could do. I'd accept only to dismiss by motion, documenting the outcome with no local sanctions. (Accept-and-dismiss sounds a bit silly, but is a handy way to make sure we preserve all the relevant history here in a searchable way that is consistent with all the other stuff in arbspace.) There's a lot still to unpack here, but I think we can more productively do that in other venues. To the extent that it's a communication-with-arbcom matter, that's better discussed privately; many of the remaining issues are either the subject of ongoing community discussion or are more general than an enwiki dispute resolution process. I understand there are ongoing conversations that people might be interested in contributing to on meta, for example this "Community health initiative/User reporting system consultation" talk page. Jan's statement indicates there will be further
- Comment I've been quiet over this whole saga, mainly because I do not want to seem like I am involved, show a bias etc. I concur with my fellow Arbs here, this is a good place to have a CIVIL discussion. I cannot stress civil enough here. I also want to see what comes from the board meeting tomorrow as well. FOr the moment i am neutral on taking the case. RickinBaltimore (talk) 11:19, 13 June 2019 (UTC)
- Reviewing everything since then, I believe that we need to Accept taking this case to resolve by motion. RickinBaltimore (talk) 22:29, 24 June 2019 (UTC)
- While I am generally inactive on all matters, I feel I have to get involved in this one as it relates directly to the very incident that I am concerned about. The head of the WMF team responsible for this incident, Jan Eissfeldt, has said: "We defer to Arbcom’s judgment on how to proceed with regard to such behavior issues in this case." As such ArbCom can decide to remain silent on the issue (decline the case) in order to reduce drama in an already tense situation, or can accept that Jan is courteously acknowledging that conduct on enwiki is best handled by enwiki. Remaining silent does not always resolve anything. Sometimes it does work to ignore drama. Indeed, we advise that as the initial approach to disputes and incivility: WP:DISENGAGE, WP:UNCIVIL. But sometimes not dealing with an issue doesn't actually make the issue go away. It can make things worse by allowing inappropriate conduct to go unchallenged and unchecked. In the various threads on this issue, there are a number of comments that Fram should have been dealt with a while ago, and that - essentially - through our own inaction, community and ArbCom, we have forced the Foundation to act in this way. We are blaming the Foundation, when we should be taking this opportunity to critically examine ourselves. Let me be clear that I firmly believe that the Foundation acted inappropriately here, largely through inadequate communication, but even there we need to reflect on ourselves and look at what we have done, community and ArbCom, to assist paths of communication. I don't think we have done enough. I feel we should take the opportunity offered by this situation to talk openly in the structured environment of an ArbCom case, and start moving toward both a new type of ArbCom and a new type of relationship with the Foundation. So far Jan has spoken, but any member of the Foundation can speak here as a party because User:WMFOffice is named as a party. I don't think the case should be named WJBscribe, as Will is but one person involved in this incident. The case should be named Office actions, and the scope should be to look into all aspects of this incident with a view not to punish anyone, but to clarify procedures moving forward. My ideal would be that if the Foundation do take full advantage of the opportunity offered here, that at the end of this case we will have clarified in an open discussion between enwiki and the Foundation exactly when and how the Foundation can get involved in conduct disputes on enwiki, and exactly how the community can raise objections that will be listened to. With the full involvement and commitment of Foundation, community and ArbCom we can establish procedures that we all support and uphold. Let's take this opportunity and Do The Right Thing. Accept. SilkTork (talk) 08:25, 15 June 2019 (UTC)
- I also feel that it is important that if we do hold this case, that everyone conducts themselves as they would at a job interview. With the benefit of the internet, none of us are speaking live, and so we all have the opportunity to pause and reflect on what we have typed before pressing the Publish changes button. Anyone who uses the sort of language that would not be used in a job interview or on day time TV will be reverted and warned. If they do it again they are banned from the case pages. Anyone who comments negatively on another person rather than that person's actions will be reverted and warned. If they do it again they are banned from the case pages. Anyone who posts angrily will be reverted and warned. If they do it again they are banned from the case pages. It is time for us to stop making allowances for people being angry and insulting during ArbCom cases. There is far less excuse for that than there is during a live court case. We need to move forward and show that sensitive and contentious issues can be conducted in a calm and structured manner. SilkTork (talk) 08:36, 15 June 2019 (UTC)
- User:Banedon. I think I may have expressed myself poorly. I am not proposing a case in which we seek to punish anyone or even look for blame. I am proposing a case in which we seek out to resolve the problems we have. There in nothing in ArbCom policy that says we have to have a case in order to decide blame and punishment. Our role is to act to resolve problems and to reach binding solutions. Those solutions can be positive and enhancing - they need not be restrictions and sanctions. I think not only that the Foundation made an error here, but also that ArbCom made an error, and that the community made an error, and I as an individual made an error. I think that's the basic starting point: recognising that we have made errors. Acknowledging that helps enable us to be clear that we need to seek solutions to assist us in avoiding such errors in future. If anyone here is thinking that the community and/or ArbCom are blame free in this incident, and that any fault is entirely that of the Foundation is probably not going to be helpful to the case. For this to work we all need to be self-reflective and entirely honest. Nothing less will do. But, of course, it depends entirely on the Foundation being willing to take part and embrace the opportunity. I am optimistic that they will. SilkTork (talk) 15:41, 15 June 2019 (UTC)
- WMF and ArbCom are currently arranging a phone meeting to discuss this issue, and I have been invited. I wish to decline that offer here in public, and invite WMF instead to discuss the issue openly (minus, of course, any private information specifically about Fram) on enwiki. I think for an open project which is built on accountability and open record keeping, we have drifted toward a culture of accepting too many private meetings in which decisions are made which have an impact on the community and the project, and are then imposed on the community with no accountability. As far as possible we need to break that cycle, and bring back openness and accountability. My stance here is not going to change that meeting, but I feel it is important to indicate that I favour holding meetings in as open an environment as possible, with accurate record keeping to allow everyone freedom of access. At the very least, those taking part could commit to providing minutes of the meeting for the community. SilkTork (talk) 09:26, 17 June 2019 (UTC)
- I hear what people are saying regarding attending the meeting. I hadn't expected to be militant about this issue. I am not a militant person, but we are living in interesting times, not just here on Wikipedia, but out in the real world as well. There is much fear, secrecy and walls when what we actually need is trust, communication, and openness. Today I visited a friend who has recently had a baby. During her pregnancy it was discovered she had breast cancer. She was allowed a few weeks to breast feed, but is now doing chemotherapy so cannot breast feed, and her hair is falling out. Her partner is not coping with the stress, and last night they had a big row and he stormed out. So she's got three mega stress events all going on at the same time. But she's a brave woman and is handling it all really well. It puts this Fram Incident into context I suppose. Maybe what is needed here is less people protesting and being militant, and more people willing to cooperate and seek a solution. On the other hand, I am so so so annoyed at what has happened, which has exasperated my already fragile frustration at ArbCom doing much of what it does out of sight (when much of it can be done here on enwiki). There are some good people on Trust & Safety. People known and respected here on Wikipedia. The Foundation itself is composed of well meaning individuals - same as here on Wikipedia. We are essentially the same people. It's not the people that are at fault but the procedures. Not all the procedures. But certainly a number of the procedures that take place out of sight of the community. While I may possibly serve some good by attending that meeting, I'm not sure that I could, and I'm not sure that is the true route out of this situation anyway. Also, I'm not sure I want to do it on a personal level. Thoughts of resigning are also present in my mind, and have been since this started. Indeed, if I'm not prepared to discuss this situation with the WMF via a phone conference perhaps I'm not living up to the responsibilities of this post. Sigh. But, on the other hand, I am very very very willing to discuss the matter with WMF here in the open on enwiki. My mind is in a whirl, and I'm "veering all over the place like a supermarket trolley". So, I am undecided on what to do. But I do feel that it would be better to hold discussions out in the open than in secret behind closed doors. SilkTork (talk) 18:57, 17 June 2019 (UTC)
- I understand the "restore order and move on" thinking behind Katie's suggested motion. But I could not support a motion in which one part of the community (ArbCom) instructs another part of the community (Crats) to remove community given rights from a user who was operating with the consent of the community and with the best interest of the community merely because that user was doing so in opposition to an unclear Office Action which potentially undermines the community. What I'd like to get from this case is a clear understanding of the relationship between the community and the Foundation, and more clarity regarding when and how Office Actions are performed. I don't think it is helpful for ArbCom to swear blind loyalty to the Foundation and promise to uphold whatever action the Foundation does in the future, regardless of how damaging to the community and therefore the project as a whole that action may be. We need clarity before we can support any future Office Action.
- I would like to get that clarity from an open discussion here on ArbCom pages where experienced clerks can maintain decorum, and where - if needed and appropriate - private material can be examined by ArbCom, rather than via a RfC where keeping the discussion in hand would be more difficult, and where private material could not be seen. I'd like to see the Evidence pages turned over to Discussion pages, and the Workshop pages turned over to Suggestion pages. And, however many Committee members take part in this case, an equal number of Foundation members take part, and all build and vote on the Proposed decision pages. I am excited at the prospect of how such a case could bring the community and the Foundation together with greater understanding, and we can all move forward in greater harmony and stability. There is an opportunity here to do something great. This is not a time to hush things up and sweep concerns aside, leaving nothing resolved. This is a time to do The Right Thing. SilkTork (talk) 11:18, 20 June 2019 (UTC)
- The levels in which this whole thing makes me sad are innumerable. My community is tearing itself apart. At my count, in the last week we've lost eight good administrators, including Fram, who have either taken breaks or have resigned the tools. WereSpielChequers, we're supposed to have a meeting with Trust & Safety this week, and I'm going to do my damnedest to get the answers to your questions, because they're my questions too. I support OR's idea for an RFC, because we as a community simply must do better in handling harassment and bad behavior. As for this case, I'm on the fence. I understand the 'civil disobedience.' I do. I also understand that we can't have admins contravening WMF office actions. I'll most likely make a motion to make sure everyone understands that going forward – in the future – reversal of WMF office actions will be met with desysop and no RFA for at least six months. Before all that, though, I want to hear what the outcome of the board meeting was and I want to have this conversation with Trust and Safety. Then I'll have more to say. Katietalk 12:09, 17 June 2019 (UTC)
- @Carcharoth: Thanks for pointing that out to me. I don't spend much time on Commons so I missed it. Fram's concerns are part of why I want to get some answers from the WMF. There was a recent case where Fram's conduct was part of the FoFs and the remedies, and I voted against them. I didn't do that because I wasn't concerned about Fram. I did it because if we're going to discuss Fram, then le's do it in a case about Fram. Do we need to do that now? Maybe. At the moment, I'd say hold off until we get to talk to the WMF. Let me temper expectations, though – it's entirely possible that we don't get the answers we're seeking. I don't know Jan, and he hasn't been on any of the meetings with us so far this year and I don't know why (James Alexander missed very few). All I can vow is that we'll do our best. Katietalk 14:26, 17 June 2019 (UTC)
- Accept to resolve by motion, though I won't be the one putting it forward. We've discussed it, and I see some of the problems that Bishonen has pointed out. Here's the macro view: I'm very encouraged by the initial conversation we've had with T&S, and I hope we can find a way to handle these kinds of private matters locally, as a committee, in the relatively near future. I wish I could say more than that, but I can't at this time. Soon, though. :-) Katietalk 13:40, 23 June 2019 (UTC)
- Although I haven't been editing this week, I have been keeping up with both FRAMBAN and this case request. Speaking only about the unblocking/resysopping that this case request concerns: I don't think it would be helpful for the Arbitration Committee to place sanctions on editors whom the WMF has explicitly decided not to sanction. That doesn't mean I endorse or support their reversal of Office actions, but I think it would be counterproductive to reignite the issue when the WMF has opted to take a step back and not re-escalate the situation. I would support a motion like the one Katie suggests, to make explicit that future reversals of Office actions would be unacceptable and grounds for loss of tools. ♠PMC♠ (talk) 21:08, 19 June 2019 (UTC)
- Accept to resolve by motion. ♠PMC♠ (talk) 07:45, 25 June 2019 (UTC)
- Like OR, my preference is still to resolve by motion. Had WJBScribe not resigned, I would have wanted a change in the current no-sanctions proposal, but since he has, any further sanctions on him would be moot. I think the RfC on self-governance with regards to harassment/civility is a better way to get a handle on the rest of the issue going forward. ♠PMC♠ (talk) 23:35, 26 June 2019 (UTC)
- Accept with a view to resolving by motion. I'm coming late to this, but I'm seeing a consensus that, whilst reversing office actions should not be encouraged, nobody wants to see any further sanctions in this instance. What happens next with regard to harassment and T&S bans is going to be a longer discussion, outside the scope of a single ArbCom case. – Joe (talk) 13:21, 23 June 2019 (UTC)
- @Xaosflux: As I see it, this case pertains to the administrative actions of Bishonen and Floquenbeam and the bureaucrat actions of WJBscribe in overturning an office action. For the time being at least, ArbCom has neither the authority nor the information needed to review the original WMF ban of Fram. I would like ArbCom to be part of the discussion on the role of community processes vs. WMF oversight in harassment and private reports, but I don't think it's our place to "rule" on that as part of a case. – Joe (talk) 09:18, 24 June 2019 (UTC)
- @WJBscribe: We have asked, and were told a) there is additional, private and off-wiki information relevant to the ban; b) ArbCom doesn't have all of it; and c) they do not consider the ban, as an office action, to be overturnable by ArbCom. Given that, I don't feel competent to assess Fram's ban, although others on the committee may feel differently. – Joe (talk) 14:17, 24 June 2019 (UTC)
- @SchroCat: I don't know. I can ask, but I strongly suspect that the answer (either way) will end up giving out more information about the ban than I could disclose under the access to non-public information policy. I am also not sure what the purpose of asking would be if I can't share the information, other than curiosity, because I don't foresee being in the position of reviewing Fram's ban any time in the near future. – Joe (talk) 14:48, 24 June 2019 (UTC)
- @SchroCat: "Off-wiki" does not necessarily mean "offline", and I'm not saying either are the exact words they used; otherwise, I think your question is directed at the WMF rather than us. – Joe (talk) 15:27, 24 June 2019 (UTC)
- I have been following events since Fram's block despite being marked as inactive. Significant life changes have recently taken me away from Wikipedia, however, given recent events I felt compelled to remain involved. I was on the ArbCom-WMF conference call and I have personally written a letter to Jimmy on the matter. Despite my silence on Wikipedia, for which I apologize, I have been following along with the community discussions as best I can including the recent bureaucrat actions. I share many concerns expressed by the community such as the lack of consultation; local governance; a form of due process; while also understanding the need for confidentiality; a solemn responsibility for providing a safe space; and protecting victims of harassment. These are undoubtedly complicated issues and I fully support any and all efforts within our community that seek to address these issues.
- As expressed to the WMF, on principle many of us on the committee do not believe ArbCom should be enforcing WMF Office actions unless absolutely necessary (such as public safety). I was pleased to see the WMF was willing to de-escalate the situation by rightly choosing to not pursue further actions against the individuals who initially reversed or acted in contravention of WMF Office actions. By withdrawing their intent to enforce a portion of their own policy, they are providing a standing one-time exemption.
- The recent resysop of Fram stands out from the others. In my opinion, it was a step backward and not in the best interest of the community, nor did it seemingly have the broad support of the community. Rather, it felt very much like an individual action (even if the individual felt they were acting in the interest of the community). The community has not granted bureaucrats the discretionary ability to resysop editors who have been involuntarily desysopped. In the weeks since Fram's ban, the community had the opportunity to amend our policies such as WP:RESYSOP. While this recent action was again in contravention of the WMF Office action policy, it was also in violation of our local resysop policy. As a community attempting to defend our ability to self-governance, the recent action only works against these efforts; we cannot have editors with access to advanced permissions unilaterally acting against local policy. If the WMF Office actions are a source of confusion for the community, the precedent set by allowing unrestricted admins and bureaucrats to act without regard to policy will only exponentially exacerbate the situation. We must adhere to our own local policies and rules.
- The community and the WMF will need to address the issue of enduring long-term harassment and incivility. These are not a Wikipedia only problem and it is widely being addressed both online and offline, particularly in legislation and in the workplace. Whether we like it or not, Wikipedia has become an institution and must also adapt to the changing times. If this whole situation has shown us anything, unilateral action is not the way to go. Instead, we must engage in dialogue and consultation on both sides going forward. If we truly believe we are capable of handling these issues locally, then we as a community must be ready and willing to make uncomfortable and even controversial blocks of established (and possibly even well liked) editors who consistently cross the lines of civility through a local governed process.
- Much of this is outside the scope of this case, so as for the case at hand, I vote to accept. Mkdw talk 04:42, 26 June 2019 (UTC)
- Accept as up to 3 arbitration cases. I am going to separately propose a set of motions along 4 topics for individual voting. The committee needs to start breaking this down and taking preliminary decision about how to proceed. Below I summarise the motions I will propose. I trust the following is brief, accurate, and has minimal self-importance in tone; I'd be content with the first two…
- The events connected with WP:FRAMBAN confront our community with several issues. These issues affect the long-term health and sustainability of the Wikipedia community. Each issue hinders us from attracting new users, retaining existing ones longer, and collaborating effectively all the while.
- (I) WMF's banning of Fram was poorly-communicated and its basis is disputed. Posting long explanations, devoid of meaning, demonstrated a lack of emotional intelligence and was like red rag to a bull. Having worked with the WMF as an arbitrator, I know their team are actually better than this, but it hardly matters. The tension between community and website property owner is now palpable. The tension is affecting our community. I am sure we could get on with it; Wikipedia would continue existing and uninvolved users would curtail the most disruptive protests. However, I think we ought to tackle the questions of Fram ourselves, through the arbitration process. Is there on-wiki evidence that Fram harassed or disrupted Wikipedia? Does Fram deserve to be banned? The WMF will not release their evidence to us, and we cannot render a verdict on their ban as such. However, we can still submit Fram to a parallel hearing and judge them as we would before WMF office actions became what they have.
- I will also propose a second motion to expressly decline a Fram case. Some colleagues may want to leave the entire question of Fram to the WMF. For my own part, I think we need to air this out. Neither proposal would "take over" the ban from WMF.
- (II) The next issue is the soundness of judgment in the many administrators and bureaucrats who have acted in this situation. I recall the days when bureaucrat was Wikipedia's most staid, uncontentious role. Generally, I would like to voice my concerns that we seem to be acquiring an extra layer of activist permissions-holders. Bureaucrats have always been told to use their judgement, but never to substitute it for non-bureaucrats. I see a number of bureaucrats now doing so. The Wikipedia community does best on a flat structure.
- By current reckoning, 5 permissions-holders have used their tools in circumstances that warrant further examination. Using tools without a clear community request is usually disruptive; WP:FRAMBAN attracts a limited audience and cannot qualify. Using tools without a basis in community policy (for example, we have clear rules against reversing actions without discussion) is usually disruptive. Consequently, I will move to open a case examining whether the following users have met Wikipedia's standards of judgement and conduct: Floquenbeam, Bishonen, WJBscribe, Maxim, and Primefac. I may yet vote for no action against some or most of these users. I will also offer a choice to arbitrators for an alternative motion for a case merely into WJBscribe, whose actions were the most obviously at odds with the community's expectations. Other arbitrators may like to slice and dice the set of users further still. Theoretically, someone could propose a "motion of forgiveness" for all users; I would oppose that.
- (III) The Wikipedia community seems to be having difficulty with areas relating to the principle of respectfulness in user interactions. This topic is coming up time and again at WP:FRAMBAN and during this request. The WMF called us out for specifically lacking a process for dealing with harassment complaints. It seems obvious that we have some kind of problem. I am not yet sure what it is, let alone how to go about tackling it. ArbCom is not a policy-making body, but we can clarify policy (or gaps in policy) for the community. We are also entitled to issue binding rules that force users to find a resolution, even about policy issues. This case request is not the place to try doing that. If this case doesn't warrant us using that entitlement, it's time to pack up, switch off the lights, go home: ArbCom is closed.
- I will propose a motion for a quasi-arbitration case where we can examine the problem, take views from the community, and start voting on a decision. Our decision may be to open an RfC under committee management (I think that idea first started with Opabinia regalis and others; or maybe it was someone at WP:FRAMBAN). Or our decision may be something else entirely. Don't worry, we will be staying well away from GovCom territory.
- (IV) The final issue presenting itself is the WMF's increasing activity on the English Wikipedia. I do not think we can easily act to clarify that problem until the first three issues are resolved in the coming months. I will propose resolving that the committee will update you later in the year about negotiations and discussions with the WMF about "information-sharing" and working more closely together. Anything less wooly than such a resolution is probably not going to be possible while the Wikipedia community, the Arbitration Committee, and the WMF are so far apart in what they need and want.
- I admired and was heartened by the passion many users show for Wikipedia and its future direction under the WMF. We often forget that the opposite of hatred is not love, but apathy: these strong feelings show that people care, and always will, about the Wikipedia mission. However, our community is better served by cool action, not heated words. Some users are not consistently applying that principle to what they write to others and about others. I have proposed the above motions in a new section below for voting. AGK ■ 21:00, 27 June 2019 (UTC)
- I've lost track of the origin of that idea, but I'm pretty sure it came from the community discussion. For the rest, well said. Opabinia regalis (talk) 08:58, 28 June 2019 (UTC)
Motions: Fram and connected issues
[edit]- For these motions there are 11 active arbitrators. 6 support or oppose votes are a majority.
Abstentions | Support votes needed for majority |
---|---|
0–1 | 6 |
2–3 | 5 |
4–5 | 4 |
This motion is being proposed in independent sections, each of which may be subject to alternative proposals. The motion will carry when one or more sections reaches an unconditional majority, and shall consist only of those sections that do pass.
1.1) WJBscribe
[edit]The case request, WJBscribe, is to be opened and entitled Actions on Fram. The case will be handled under an accelerated timetable, with:
- a concurrent evidence and workshop phase lasting 1 week from the date of opening;
- the committee's proposed decision to immediately follow for comment and voting; and
- drafting arbitrators and designated clerks to be specified later.
The committee will examine the judgement and actions of WJBscribe (talk · contribs · blocks · protections · deletions · page moves · rights · RfA), Bishonen (talk · contribs · blocks · protections · deletions · page moves · rights · RfA), Floquenbeam (talk · contribs · blocks · protections · deletions · page moves · rights · RfA), Maxim (talk · contribs · blocks · protections · deletions · page moves · rights · RfA), and Primefac (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) in the course of this arbitration case.
- Support
- Proposed. AGK ■ 21:04, 27 June 2019 (UTC)
I think, regardless of whether we decide to sanction the administrators/bureaucrats named above, we owe them and the rest of the community the attention of a full case. GorillaWarfare (talk) 17:50, 28 June 2019 (UTC)
- Oppose
- No, what I meant by a conditional acceptance vote is that we're going to not do these things. I do not want them in a motion, I do not want them in the ocean, I do not want all this commotion, I do not want green eggs and ham, I do not want them Sam I Am. Opabinia regalis (talk) 09:05, 28 June 2019 (UTC)
- I just don't see what a full case would accomplish, given the volume of information and discussion we've already had. – Joe (talk) 20:07, 28 June 2019 (UTC)
- Per OR. Katietalk 20:18, 28 June 2019 (UTC)
- A full case would be redundant for this situation. ♠PMC♠ (talk) 22:23, 28 June 2019 (UTC)
- Per OR. RickinBaltimore (talk) 18:37, 29 June 2019 (UTC)
- SilkTork (talk) 10:14, 1 July 2019 (UTC)
- A case is about fact finding. We know what happened. I'm still of the opinion that dismissing by motion and opening an RfC is the best alternative WormTT(talk) 19:22, 1 July 2019 (UTC)
- I have the significant benefit of being able to vote on it one week later from the time they were written. Thank you to Anthony for stepping up to put something out there at a time when outwardly things had seemed to stall. Since then, a lot has happened and we have made some progress towards addressing the points I raised in my comments on this motion and others. I am hopeful that these new efforts will prove productive and fruitful. Mkdw talk 20:26, 3 July 2019 (UTC)
- In light of recent developments, moving to oppose. Per Mkdw, now that we're a week out, there are other options that make more sense. GorillaWarfare (talk) 01:20, 5 July 2019 (UTC)
- Abstain
- Comments
- I'm really not seeing the benefit to holding this as a full case, and would prefer to dismiss by motion. However, I'll think on an alternative before opposing. WormTT(talk) 21:47, 27 June 2019 (UTC)
- I'm still mulling over WMF passing the deliberation on these admins to ArbCom, while not giving us full access to the context. Without the context we don't have enough stuff here for a case. This just comes down to plain facts: three admins who reversed Office Actions, for which WMF has decided not to sanction. Assessing the overturning of Office Actions is not normally within our remit, and even though WMF have given us the authority to assess this situation, without the context there is little we can do here. If, knowing the full context, WMF decided not to sanction, then what is left for us to do? The admins can give their justifications in the case, but we already have those. I think we already have enough information on this situation to make our own individual choices as to which way to go, so if we wish to deal with the admins separately we can do it by motion, adding our rationales for our decisions if we wish, and so making any points felt necessary. SilkTork (talk) 23:16, 27 June 2019 (UTC)
- At this point I think it could be in principle 'accepted' but dismissed with a motion per my comments above. Mkdw talk 23:38, 27 June 2019 (UTC)
2.1) Fram (case)
[edit]The case request WJBscribe deals with actions that took place within a broader context of conduct by Fram. The committee will open a case examining this context. The case is to be opened and entitled Fram. The case will be handled under special procedures, with:
- evidence accepted only in private, to the committee's arbcom-en-b email address;
- no public workshop phase; and
- a reserved right for the committee to vote on specific findings of fact in private, with only a summary decision posted on-wiki for voting.
The committee will examine the conduct of Fram (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) to the fullest extent possible and render an independent judgement in the course of its case. The committee's judgement will fall upon Fram as a separate decision of the English Wikipedia Arbitration Committee. For the avoidance of doubt, the decision will not supplant or supersede the earlier Wikimedia Foundation decision.
- Support
- Proposed. AGK ■ 21:08, 27 June 2019 (UTC)
- Oppose
- We've just declined a case request on Fram from a member of the community, so this for me will also be a decline. That is not to say I don't think that either the community or ArbCom should examine Fram at some point - I think it would be useful for Fram's conduct to be examined, but this is not the time. There are two scenarios I can see where it would be appropriate for ArbCom to examine Fram's conduct: Either 1) With WMF in private right now, and/or 2) After he is released from his ban, and his conduct becomes a concern again. SilkTork (talk) 23:27, 27 June 2019 (UTC)
- No, we just declined this same thing below. This has no practical value at this stage. Opabinia regalis (talk) 09:08, 28 June 2019 (UTC)
- We don't have the information or the remit to examine the wider context. I also think we can separate the question of "is it okay to revert office actions?" from the specific office action that started it. – Joe (talk) 09:33, 28 June 2019 (UTC)
- Absolutely not, per my decline vote on the case request by Jehochman. GorillaWarfare (talk) 17:50, 28 June 2019 (UTC)
- Per Joe. There's no point. Katietalk 20:20, 28 June 2019 (UTC)
- No, per my existing comments at the Fram case request from Jehochman. ♠PMC♠ (talk) 22:23, 28 June 2019 (UTC)
- Not at this time. RickinBaltimore (talk) 18:37, 29 June 2019 (UTC)
- Per my comments on the second Fram case request. Mkdw talk 20:27, 3 July 2019 (UTC)
- Abstain
- Comments
- I could accept this, under certain circumstances. We'd need to make clear what our standards for "harassment" were to the community. We'd need as much information as possible, including from the WMF, such as full correspondence to and from Fram. We'd need agreement from the targets to look into the case and be able to ask them questions. This would be a very difficult case to take, but I'm not dismissing it outright, because it may be the only solution at some point in the future. WormTT(talk) 19:27, 1 July 2019 (UTC)
2.2) Fram (dismissal)
[edit]The case request WJBscribe deals with actions that took place within a broader context of conduct by Fram. The committee declines to examine this conduct. Questions about the sanction that was applied to Fram by the Wikimedia Foundation (WMF) should be submitted to WMF staff.
- Support
- Proposed. Second choice; support only if 2.1 fails. AGK ■ 21:08, 27 June 2019 (UTC)
- Oppose
- We need to deal with this either by case or by motion. GorillaWarfare (talk) 17:52, 28 June 2019 (UTC)
- We voted to accept the case, we need to resolve it (as GW says, by case or by motion). – Joe (talk) 19:47, 28 June 2019 (UTC)
- As to add to what GW and Joe said. RickinBaltimore (talk) 18:37, 29 June 2019 (UTC)
- We accepted it, most of us noting a preference to handle by motion. Let's do what we said. ♠PMC♠ (talk) 09:04, 30 June 2019 (UTC)
- Per PMC. Katietalk 15:13, 1 July 2019 (UTC)
- Not the right solution WormTT(talk) 19:27, 1 July 2019 (UTC)
- Opabinia regalis (talk) 07:46, 3 July 2019 (UTC)
- Mkdw talk 20:27, 3 July 2019 (UTC)
- Abstain
- Comments
- If I understand the wording correctly, this is saying that the Committee are declining a case to look into Fram's conduct. But we haven't been asked on this case to look into Fram's conduct. He's not a named party. I can understand a motion to bring Fram into this case (which has been proposed and rejected), but I don't understand a motion to decline something that we haven't been asked to do. Have I misunderstood the wording? SilkTork (talk) 07:54, 30 June 2019 (UTC)
3.1) Harassment generally
[edit]The committee is concerned that the English Wikipedia may not have in place processes that can deal, fairly and effectively, with allegations about certain forms of harassment. It is not the responsibility of the committee to make policy. However, the community does make use of the arbitration process to refine its understanding of gaps or deficits in policy. The committee opens a case, entitled Harassment generally, to be handled under special procedures, with:
- no evidence phase;
- a 4-week workshop phase;
- a special invitation to the Wikimedia Foundation to participate in the workshop (preferably via pre-identified delegates);
- the committee's proposed decision to follow after 4 weeks; and
- drafting arbitrators and designated clerks to be specified later.
Several arbitrators have informally expressed the view that a full Request for Comments (RfC) would be appropriate; this could be guided under committee procedures or remanded more fully to the community. This motion is not implementing that view. This motion is establishing a case so that this and other options might be explored more fully.
- Support
- Proposed. (Case name might end up being amended by copyedits.) AGK ■ 21:09, 27 June 2019 (UTC)
- Oppose
- Formal oppose; we should do this as an RfC if we're doing it, not in case format. ♠PMC♠ (talk) 05:51, 3 July 2019 (UTC)
- Per PMC, pro forma oppose in preference to the same subject covered in a different format. Opabinia regalis (talk) 07:47, 3 July 2019 (UTC)
- We exploring another format that will involve other communities and the WMF. Mkdw talk 20:29, 3 July 2019 (UTC)
- GorillaWarfare (talk) 01:20, 5 July 2019 (UTC)
- Abstain
- Comments
- Is there a better title for the case? AGK ■ 21:09, 27 June 2019 (UTC)
- "Handling of Harassment on English Wikipedia"? WormTT(talk) 21:38, 27 June 2019 (UTC)
- Admittedly, I am still trying to decide what the best course of action is here. I absolutely believe the English Wikipedia community (including ArbCom) needs to explore the possibility of a private and fair process where victims of harassment can safely come forward without the risk of being further harassed for doing so. The process also needs to be able to examine long-term harassment and incivility and for editors who are found to have consistently violated these policies to be sanctioned accordingly. One of the main issue is that I believe enacting such a process/system will require substantial policy reform to the harassment and civility policy, as well as ARBPOL (if the community decides this will be handled by ArbCom). Whether this exploration begins with an ArbCom case, an RFC, or on another project space page, I have no idea which will provide the best result, but no matter what, the community and the WMF will need to support and ratify it into policy. Mkdw talk 00:31, 28 June 2019 (UTC)
- I am fully of favour of discussing the underlying causes that have led to this incident. One of which is the general poor communication between enwiki and WMF, and the other of which is identifying and handling harassment. They are related, as while incivility and disruption and general misconduct is ArbCom's responsibility, there is a boundary blur when it comes to harassment as that comes under both ArbCom and WMF. It's probably an ask too much to have ArbCom have a case on general communication between enwiki and WMF, so having the focus on how we can mutually deal with harassment would be a more likely and manageable route. However, that would need WMF agreement on getting involved, so we would have to ask them directly to comment on such a proposal. If they declined, we could still hold a discussion to see what we as a community could do to identify and defuse harassment. Perhaps we need to consider a little more the principle of defusing harassment rather than punishing those accused of harassment. If drivers are speeding down a road and killing pedestrians I think it better to put in speed calming measures and educating drivers to slow down and take more care than it is to temporarily ban them each time they kill someone. SilkTork (talk) 09:15, 28 June 2019 (UTC)
- Not opposed to this - certainly we should have some sort of discussion about the topic - but, at the risk of repeating myself, I think the format of a case is the wrong tool for the job. Better the wrong tool than none at all, but still. Opabinia regalis (talk) 09:39, 28 June 2019 (UTC)
- My preference would be an ArbCom-led RfC, though per Opabinia, better the wrong tool than none at all. GorillaWarfare (talk) 17:52, 28 June 2019 (UTC)
- OR and GW are right. I could live with this, but since the structure of an RfC is available to us, we should focus on that. WormTT(talk) 19:29, 1 July 2019 (UTC)
4.1) Office actions
[edit]The Wikimedia Foundation (WMF) have recently adopted a new policy expanding the types of "office action" their teams can take and the circumstances in which their teams may act.
The Arbitration Committee will liaise with WMF about the handling of this policy with regards to the English Wikipedia. The committee will endeavour to consult the community and provide a status update later in the year.
- Support
- Proposed. See my vote above: I think this is the best we can do right now. AGK ■ 21:13, 27 June 2019 (UTC)
- I don't believe we can actually do achieve much here, but discussing with WMF is something we do have the ability to do. I could accept this. WormTT(talk) 21:45, 27 June 2019 (UTC)
- Yes, if this can be done with the WMF absolutely. RickinBaltimore (talk) 18:37, 29 June 2019 (UTC)
- Oppose
- I've thought about this, and end here, because the thing that I think is really, really, really needed right now and moving forward is for WMF to be communicating with enwiki directly, not via Meta or ArbCom. I could support a motion where the community is involved, but not without. A general discussion regarding office actions is not a privacy matter, and it impacts the community (and thus Wikipedia, because it is the community which writes, maintains and protects the encyclopedia) more than it impacts WMF or ArbCom. SilkTork (talk) 08:02, 30 June 2019 (UTC)
- Like a lot of things arbcom has considered over the course of this situation, this is a perfectly reasonable suggestion that has been overtaken by events. Opabinia regalis (talk) 07:49, 3 July 2019 (UTC)
- Since my question was not clarified, I am not sure we need a motion for something we already do. Mkdw talk 20:30, 3 July 2019 (UTC)
- Abstain
- Comments
- ArbCom has historically been in communication with the WMF about global bans and I expect we will be informed about upcoming WMF Office local bans as well. If this is what we mean by "liaise" then I am not sure we need a motion for something we already do. However, if this is implying we will act as representatives of the community to engage in discussions with the WMF about local bans and explore with the WMF about changing this process going forward in the future, then I would want a clear mandate from the community in order to do so. I do not think we have the authority to enact that type of decision alone. Mkdw talk 23:44, 27 June 2019 (UTC)
- I think I'm with Mkdw on this, but I would go further and say that I would like more involvement of the community in ongoing discussion, and more transparency. This is a good community (more united, more creative, more knowledgeable, more compassionate, and more fair than I think the WMF realises), and it has brought the project this far. If the community needs professional help in dealing with harassment and other matters, let that professional help come in the form of respectful and egalitarian consultation rather than remote, vaguely disdainful, and unconsulted (or poorly consulted) impositions of new policy. SilkTork (talk) 09:26, 28 June 2019 (UTC)
- It doesn't make sense to vote on this till this twitter business is sorted out. Opabinia regalis (talk) 09:49, 28 June 2019 (UTC)
- I think it might be useful to clarify how exactly this would differ from our existing relationship with the WMF. GorillaWarfare (talk) 17:54, 28 June 2019 (UTC)
5) Reversion of office actions
[edit]The case request is accepted under the title Reversion of office actions and resolved by motion as follows.
- WJBscribe, Bishonen and Floquenbeam admonished
WJBscribe (talk · contribs · blocks · protections · deletions · page moves · rights · RfA), Bishonen (talk · contribs · blocks · protections · deletions · page moves · rights · RfA), and Floquenbeam (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) are admonished for using their bureaucrat (WJBscribe) and administrator (Bishonen, Floquenbeam) user rights to revert an office action, in contravention of both official WMF policy and the English Wikipedia administrator policy. Given the extraordinary circumstances surrounding the action, no further sanctions are placed on these users at this time.
- Support
- Proposed. – Joe (talk) 20:06, 28 June 2019 (UTC)
Katietalk 22:02, 29 June 2019 (UTC)Second choice. Katietalk 15:11, 1 July 2019 (UTC)- Second choice, after #6 below. Opabinia regalis (talk) 07:23, 30 June 2019 (UTC)
- Second choice, #6 being first. ♠PMC♠ (talk) 09:09, 30 June 2019 (UTC)
- Second choice Mkdw talk 20:31, 3 July 2019 (UTC)
- Oppose
- SilkTork (talk) 08:58, 30 June 2019 (UTC)
- Office actions are not for Arbcom to enforce, as we do not make the decision and we do not have the information about it. The WMF has full tools to enforce their actions, and it's up to them to do so. WormTT(talk) 19:33, 1 July 2019 (UTC)
- AGK ■ 03:12, 4 July 2019 (UTC)
- GorillaWarfare (talk) 01:20, 5 July 2019 (UTC)
- Abstain
- Comments
- If we admonish those who have resigned it will be the same as dysysopping and decratting them, as they will then have been deemed to have resigned under a cloud. SilkTork (talk) 22:42, 28 June 2019 (UTC)
- Under a strict reading of policy they've already put themselves under a cloud by resigning when there's an ArbCom case/request against them (see Wikipedia:Bureaucrats' noticeboard#Procedural note). But I for one don't see any of these resignations as an attempt to "evade scrutiny", even if we do end up admonishing. – Joe (talk) 08:08, 29 June 2019 (UTC)
- I will note that regardless of the outcome of the case, WJBscribe and Floquenbeam resigned under a cloud - as the case was live and both knew this when they resigned. I have no doubt that both would pass a RfA/B in the future, and that should be the way to return to the bits - should they want to. WormTT(talk) 19:33, 1 July 2019 (UTC)
- Under a strict reading of policy they've already put themselves under a cloud by resigning when there's an ArbCom case/request against them (see Wikipedia:Bureaucrats' noticeboard#Procedural note). But I for one don't see any of these resignations as an attempt to "evade scrutiny", even if we do end up admonishing. – Joe (talk) 08:08, 29 June 2019 (UTC)
6) Reversion of office actions (II)
[edit]The case request is accepted under the title Reversion of office actions and resolved by motion as follows.
- Community advised
Office actions are actions taken by Wikimedia Foundation staff, and are normally expected not to be reversed or modified by members of the community even if they have the technical ability to do so. In this case an office action was taken against Fram (talk · contribs · blocks · protections · deletions · page moves · rights · RfA), who was blocked and whose administrator rights were removed by the role account User:WMFOffice in implementing a Partial Foundation ban ([19]). No similar action had been taken before on the English Wikipedia, and it proved highly controversial.
In response, Floquenbeam (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) and Bishonen (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) both used their administrator user rights to unblock Fram ([20]). Floquenbeam's administrator rights were temporarily removed by WMFOffice (talk · contribs) ([21]). WJBscribe (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) used his bureaucrat rights first to restore Floquenbeam's administrator rights, and later to restore Fram's ([22]).
Although official WMF policy states that Unauthorized modifications to office actions will not only be reverted, but may lead to sanctions by the Foundation, such as revocation of the rights of the individual involved
, JEissfeldt (WMF) (talk · contribs) indicated that the WMF would not implement further sanctions against the admins involved in reversing these actions ([23]). In recognition of that decision, and of the exceptional nature of the circumstances, the committee notes without comment this series of events. The community is advised that administrators and bureaucrats are normally expected not to act when they know they do not have all of the relevant facts, and that this is especially important with regard to office actions where those facts may be highly sensitive. As a general rule, reversal of office actions is considered wheel warring and wheel warring may be grounds for removal of administrative rights by the committee as well as by the WMF. Lack of sanctions under these exceptional circumstances should not set expectations around similar future actions.
- Passed 9 to 0, 01:56, 5 July 2019 (UTC)
- Support
- First choice. Opabinia regalis (talk) 07:22, 30 June 2019 (UTC)
- – Joe (talk) 07:38, 30 June 2019 (UTC)
- First choice. ♠PMC♠ (talk) 09:08, 30 June 2019 (UTC)
- SilkTork (talk) 10:11, 1 July 2019 (UTC)
- First choice. Katietalk 15:10, 1 July 2019 (UTC)
- Absolutely, and thank you for writing this. WormTT(talk) 19:35, 1 July 2019 (UTC)
- Mkdw talk 20:17, 3 July 2019 (UTC)
- I support this despite having reservations about amnesty for every administrator and bureaucrat involved. By granting amnesty now, I think that some users will repeat the kind of actions undertaken in this case by permissions-holders. That is regrettable and ill-advised. Nevertheless, the committee was unable to come to a consensus on any further action and I do not wish to frustrate a much-needed resolution. AGK ■ 03:15, 4 July 2019 (UTC)
- GorillaWarfare (talk) 01:20, 5 July 2019 (UTC)
- Oppose
- Abstain
- Comments
- "As a general rule, reversal of office actions is considered wheel warring and may be grounds for removal of administrative rights by the committee..." I don't think it has been established that the first reversal of an Office Action is either wheel warring or sanctionable by ArbCom without authority from WMF. Perhaps: "wheel warring over office actions may be grounds for removal of administrative rights by the committee ....". SilkTork (talk) 08:55, 30 June 2019 (UTC)
- With that change I could support this. SilkTork (talk) 08:57, 30 June 2019 (UTC)
- @Bishonen: WP:WHEEL explicitly lists
reversal of a Wikimedia Foundation office action
as a "possible indication of an incipient wheel war," along withdeliberately ignoring an existing discussion in favor of a unilateral preferred action
. There's also the meta office actions policy to consider:[Foundation bans] are final; they are not appealable, not negotiable and not reversible
. I believe the wording of this motion is consistent with both. I know some prefer to strictly reserve the phrase wheel warring for the second revert onwards, but it isn't always used that way and I think it's more pedantic than useful. We could also call it improper reversal of an admin/office action or simply misuse of tools; the substance is the same and equally supported by existing policy. – Joe (talk) 09:54, 30 June 2019 (UTC) - Bishonen, good point, sloppy wording on my part (ironically, since I'm pretty sure I took the other side not too long ago...) As a practical matter, I don't think much really hangs on this point, since any future . Joe Roe, what do you think of SilkTork's formulation? I think that's simplest, since it just leaves the definition of "wheel warring" up to WP:WHEEL itself (so if somebody does start an RfC before the next time this comes up, there's no residual inconsistency). Opabinia regalis (talk) 10:13, 30 June 2019 (UTC)
- Sure, I'm fine with that, or, as Bishonen suggests above, just "reversal of office actions". – Joe (talk) 11:48, 30 June 2019 (UTC)
- "reversal of office actions" is what I am objecting to. I have no problem with "wheel warring" regardless of what it is over, as that is a community sanctionable action, and wheel warring over office actions is my understanding of the reference to it in WP:Wheel, not simply the first revert of an office action, so spelling it out as "wheel warring over an office action", or simply putting "wheel warring" is fine by me. SilkTork (talk) 14:23, 30 June 2019 (UTC)
- OK, @SilkTork and Joe Roe:, let's just go with "wheel warring" for simplicity's sake.
- Banedon, the point is "not admonished" :) The rest is about setting the context for next time. (That said, it may not matter much; someone pointed out that the WMF gets one of these wild hairs every two years or so, and then it's arbcom 2021's problem.) Opabinia regalis (talk) 09:03, 1 July 2019 (UTC)
- "reversal of office actions" is what I am objecting to. I have no problem with "wheel warring" regardless of what it is over, as that is a community sanctionable action, and wheel warring over office actions is my understanding of the reference to it in WP:Wheel, not simply the first revert of an office action, so spelling it out as "wheel warring over an office action", or simply putting "wheel warring" is fine by me. SilkTork (talk) 14:23, 30 June 2019 (UTC)
- Sure, I'm fine with that, or, as Bishonen suggests above, just "reversal of office actions". – Joe (talk) 11:48, 30 June 2019 (UTC)
Proposed motion to close
[edit]This discussion has been closed. Please do not modify it. |
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The following discussion has been closed. Please do not modify it. |
This motion is currently for discussion purposes. It is not ready for voting. Suggested wording[edit]On 10 June 2019, the Wikimedia Foundation (WMF) imposed a ban of 1 year upon Fram from the English Wikipedia as an WP:Office action. The ban was controversial amongst the English Wikipedia community, and after significant discussion at WP:FRAM, Floquenbeam unblocked Fram on 11 June. In response The WMF took an additional office action to re-block Fram and desysop Floquenbeam for 1 month. On 12 June, Bishonen unblocked Fram, while WJBscribe restored Floqenbeam's sysop privileges, simultaneously opening this Arbitration Request. The Arbitration Committee has considered the request for arbitration and decides as follows:
Comments[edit]I've been trying to make a decision on how best to move forward on this specific case request. Generally, I believe this is what the Arbitrators are looking for in closing, but my wordsmithing skills are never the best, so have put it here for discussion purposes, rather than directly for voting. I am aware that a significant portion of the community will not be happy with point C and I do expect discussion around that point. It may be better to split this motion into different parts and vote separately when we do, so that we can finish with a complete motion from the committee as a whole, even if individual members may disagree with individual points. It may be that there is more to add too, but for now, I believe we have a starting point. WormTT(talk) 19:30, 25 June 2019 (UTC)
Thanks for that WTT, I think that covers a number of things; though it's worth thinking on it a bit more. My first query, and perhaps someone can point me to the right page, is does ArbCom have the authority or remit to sanction these three people? Our authority is over enwiki, not over WMF. Is there wording which says it is down to ArbCom to sanction admins/'Crats for interfering with Office Actions? The closest I can see that we have some kind of authority here is that Jan said above: "We defer to Arbcom’s judgment on how to proceed with regard to such behavior issues in this case." But this was said after "the Foundation will not be issuing further sanctions against or desysopping those who edited the block or the sysop rights of those who edited the Fram block to date." I am having difficulty parsing that. Is that saying - "ArbCom would not normally have authority to sanction these editors, but we have decided in this case to give them authority to make a decision rather than do it ourselves"? I'd like clarity on that from Jan (or anyone else at WMF) before voting. Point D doesn't include WMF in the discussion. At the moment the WMFOffice is named as a party. If we dismiss this case with that motion, we are effectively dismissing the WMFOffice as well. This leaves enwiki talking to itself and WMF talking to itself and no progress would be made on the issue of cooperation and communication between enwiki and WMF. Of course, there is no saying that if we hold the case open rather than dismiss it by motion that anyone from WMF would take part anyway, but I'd prefer to try that. Either that or get an agreement from WMF that they would take an effective role in any RfC decided here. So my feeling right now is that we need further input from WMF. SilkTork (talk) 01:00, 26 June 2019 (UTC)
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Temporary injunction (none)
[edit]Final decision
[edit]Motion #6) Reversion of office actions (II) carried, and the case was resolved by motion. 01:56, 5 July 2019 (UTC)