2021-22 Discretionary Sanctions Review

Status as of 16:32 (UTC), Sunday, 17 March 2024 (Purge)

The revision process will be conducted in four phases:

  1. Phase I community consultation (March – April 2021) (closed)
  2. Phase II community consultation (September – October 2022) (closed)
  3. Proposed decision (November – December 2022)
  4. Implementation: The drafting arbitrators will implement the Committee's decision in conjunction with the Committee's clerks and interested volunteers designated by the Committee.

The revision process was managed by drafting arbitrators designated by the Arbitration Committee (CaptainEek, L235, Wugapodes).

The following discussion is closed. Please do not modify it. Subsequent comments should be made on the appropriate discussion page. No further edits should be made to this discussion.


The Arbitration Committee wishes to make the discretionary sanctions procedure and system work more effectively. Taking your feedback from the Phase I consultation, we have created a draft version of new sanctions. Below we have broken down each proposed change into a subsection with a rationale. Please use this page in conjunction with the draft page. Comments and feedback welcome!

A few notes:

Name[edit]

Proposal summary

Discretionary sanctions (DS) will be renamed "Contentious Topics" (abbreviated as CT), which refers to DS topics, and "special enforcement actions", referring to the levying of restrictions.

Proposed language

No specific proposed language, but this terminology can be found throughout the proposed procedure page

A special set of rules applies to certain topic areas, which are referred to as contentious topics (abbreviated as CT). These are specially-designated topics that tend to attract more persistent disruptive editing than the rest of the project and have been designated as contentious topics by the Arbitration Committee.[1] When editing a contentious topic, Wikipedia’s norms and policies are more strictly enforced and Wikipedia administrators have special powers in order to reduce disruption to the project.

References

  1. ^ The community has its own version of a contentious topics system. These are most often referred to as general sanctions (GS), but are sometimes referred to as community sanctions or community discretionary sanctions.
Rationale

"Discretionary sanctions" was a bad name:

Plus, the term "discretionary sanctions" referred to several different things, which were confusing to keep straight especially for newer editors:

We propose shifting to "contentious topics" because it should be understandable by editors of any experience level who come into a CT area. Not all RL contentious topics are Wikipedia Contentious Topics and some Wikipedia Contentious Topics are not real life ones but this was true of any phrase that we considered.

We call the actual restrictions that are issued pursuant to the contentious topics procedure "special enforcement actions". This makes clear that an admin working in these topics may make actions that are different than normal, both in the tools available to them and in the way they may be reviewed and changed. Again the goal was clarity.

Name (feedback)[edit]

I generally agree with Kevin that the goal, as informed by last year's DS consult, is to reform what exists. Starting from scratch has its own considerable costs. And try as I might, I couldn't envision a system that wasn't just a version of DS but wearing a different outfit. Short of disestablishing ArbCom cases or going back to the days of having a hundred cases a year, we need some kind of system to deal with our trouble points. I disagree with the idea that we're taking an "if it ain't broke don't fix it approach." Several Arbs ran on the idea that DS *is* broken, and we hope to fix it. I am genuinely interested in what people think an alternative system would look like, but I admit to having a hard time visualizing it from what has been presented so far. CaptainEek Edits Ho Cap'n! 19:52, 24 September 2022 (UTC)[reply]

If the community wants to empower admins to be able to unilaterally sanction editors, it should amend the administrators policy itself. If it wants to limit this ability to red-flag topics, that can be part of the policy. It could, for example, specify that red-flag topics can be identified either by community consensus, or by the arbitration committee. The community bears the responsibility for this type of policy change. isaacl (talk) 20:23, 24 September 2022 (UTC)[reply]

here are some examples of how the associated wording might change:
I issued a discretionary sanction   →   I enforced the edit armistice
I was sanctioned   →   I was blocked for violating the edit armistice
this is a sanctioned page   →   this is a page under edit armistice
I hope we get discretionary sanctions out of this case   →   I hope we enter into an edit armistice after this case
this topic has "DS"   →   this topic is under edit armistice
special enforcement actions   →   edit armistice enforcement actions
notice how the wording shifts from a focus on administrators wielding power to a focus on administrators simply wishing to keep the peace. notices on talk pages are no longer threatening, but merely serve as reminders to be careful. unfortunately, "edit armistice enforcement actions" still sounds militaristic, but at least it now emphasizes the use of measures necessary to prevent further disruption, rather than allude to "special military operations" and other terrible things.
as an aside, in addition to the word "discretionary" being uninformative, as explained in the rationale section above, "sanction" is an autoantonym, so its use may be confusing to people not fluent in english. "armistice" may be a difficult word, but i assume many editors would have had some exposure to the word, especially since it is in the name of a holiday. also, i assume "edit" will be widely understood. dying (talk) 12:39, 30 September 2022 (UTC)[reply]

Nutshell[edit]

Proposal summary

Change the nutshell box to be more clear and provide more relevant info

Proposed language
Rationale

More clear than previous version.

Nutshell (feedback)[edit]

Yep, it's more clear. The current nutshell includes the passage: This updated discretionary sanctions procedure was authorised by motion on 3 May 2014 and superseded and replaced all prior discretionary sanction provisions with effect from that date. Believe it or not, 2014 was 8 years ago, so the current DS have been here more than a third of Wikipedia's lifetime. Hopefully us old people have learned by now what this newfangled DS thing is all about and the nutshell should instead be written for newcomers. — Bilorv (talk) 00:13, 4 September 2022 (UTC)[reply]

Lead section[edit]

Proposal summary

Add a lead section that includes:

Proposed language
Rationale

Previously, the discretionary sanctions procedure did not contain a usable definition of the system and begun with legalistic definitions and a complicated "Authorisation" section. This reformat puts the most important information for the average editor up top: "what is the contentious topics system, and should I do anything different because of it?" The guidance for editors here will hopefully be helpful and probably answer a fair share of newbie questions about CT.

Lead section (feedback)[edit]

AWARENESS[edit]

Proposal summary

The current WP:AWARENESS criteria are replaced with an appealable presumption of awareness following an initial alert.

Proposed language
Rationale

We hope that the change will reduce wikilawywering while hopefully remaining fair to people who are genuinely not aware. The intent behind the AWARENESS rule was to prevent people who didn't reasonably have a chance to understand that they broke a rule; unfortunately, AWARENESS has now turned into an entire body of wikilaw. That lead to some absurd situations and perhaps the clearest consensus of the initial consultation, namely that AWARENESS is broken. We decided that the best way to deal with it was to get rid of the wikilaw and go with a simpler standard. While there is a general presumption of awareness, we are hoping that enforcing administrators will use common sense in deciding whether or not there is awareness in practice. This combined with slightly easier appeal standards should hopefully mean that to the extent that things need to get sorted out they will through AE rather than laborious ArbCom writing. If you were a big fan of the current standards, they live on in a footnote.

Awareness (feedback)[edit]

It's for the escalated alert, though, not the introductory one. El_C 18:04, 3 September 2022 (UTC)[reply]
There's two different levels of alerts? "Awareness of contentious topics" does not make this clear to me as written. — Bilorv (talk) 00:20, 4 September 2022 (UTC)[reply]
It's in the section directly below: #Alerts. El_C 00:39, 4 September 2022 (UTC)[reply]

Alerts[edit]

Proposal summary

New template language, including standardized section headers. Only an WP:UNINVOLVED editor or administrator may place an alert.

Proposed language
Proposed new templates
Rationale

There is a tension between scaring off editors and getting them pay attention to a template. With the revised name hopefully the concept will be less scary. To further help, we are using a two-template solution. The template they get when they first start editing a CT, and get their first alert, is designed to be an introduction which truly explains CT. Further, it hopefully helps by having pre-designated section headings rather than whatever name an particular editor decides. Beyond that there is some recognition that the alert is always going to feel somewhat like a rebuke, hence the change to only allow subsequent alerts to be placed by an UNINVOLVED editor and by providing them a place that they may ask questions by 3rd parties instead of just the person who placed the template. Finally we note the option in the introduction template for them to mark themselves aware.

Alerts (feedback)[edit]

More heat than light. CaptainEek Edits Ho Cap'n! 19:33, 4 September 2022 (UTC)[reply]
  • Well, at least you've gained enough self-awareness to stop comparing AE to the rise of Nazism, so I suppose there's that. El_C 17:16, 4 September 2022 (UTC)[reply]
    I wasn't comparing AE to the rise of Nazism. I was comparing AE to a form of legislation. Unfortunately Google gave me the Wikipedia's Nazi version, rather than the generic version. If I weren't so scared of these Discretionary Sanctions, I'd ask you to stop being such a complete and utter dick-head.  Tewdar  17:32, 4 September 2022 (UTC)[reply]
    Uh huh. El_C 17:35, 4 September 2022 (UTC)[reply]
    Look, dude, if I say I meant enabling act generically, rather than its association with Hitler's post election consolidation, then that's the truth. Google gave me Hitler's version first, okay, and I didn't check if there was a generic article, okay? 😡  Tewdar  17:38, 4 September 2022 (UTC)[reply]
    I don't believe you, but whatever, doesn't matter. This can be collapsed. El_C 17:40, 4 September 2022 (UTC)[reply]
    Google 'enabling act' on a mobile device and tell me what you get.  Tewdar  17:42, 4 September 2022 (UTC)[reply]
    No. El_C 17:43, 4 September 2022 (UTC)[reply]
    Why would I lie, dude? I'm calling them SOVARBCOM on my talk page FFS (okay, I guess that looks bad)! If I was comparing them with the Nazi rise to power, I'd say so! I'd admit it! I'd be proud of it! I'd think it was funny! The link was inappropriate. I should have used the generic article.  Tewdar  18:28, 4 September 2022 (UTC)[reply]

Appeals[edit]

Proposal summary
Proposed language
Rationale

Right now the only appeals that are accepted are ones where they are getting the equivalent of a ROPE/SO overturning or if there was some sort of serious procedural mistake in imposing the sanction. For even that to happen, there has to be one of the highest levels of consensus anywhere onwiki: namely, a "clear and substantial consensus". And if an admin reverses a restriction without meeting that standard they are eligible for desysopping on that single incident, so there's a strong incentive to not even come close to that very high bar. By maintaining the "clear consensus" language we hope that administrators won't be tempted to overturn an appeal without actual consensus behind them but will overturn when there's consensus even if it's not unanimous.

We hope to bring CT appeals in line with the kinds of standards that would normally cause an appeal to be successful at AN or ANI for normal admin actions. This change reduces the first-mover advantage a little bit by explicitly adopting a standard for AE/AN appeal that is pretty similar to a block appeal: an appeal should be granted if "the action was inconsistent with the contentious topics procedure (i.e. the action was out of process), the action was not reasonably necessary to prevent damage or disruption when first imposed, or the action is no longer reasonably necessary to prevent damage or disruption." But it doesn't go too far, because a clear consensus is still needed to remove the restriction.

We also codify the standard of review for ARCA appeals, providing fair warning to editors that it may be harder to appeal at ARCA than at AE/AN, which has been true but is not self-evident for appellants. Previously, the language implied that sanctioned editors were OK to just go to ARCA if desired, without any warning that that may not be advisable in certain circumstances. The new language still includes a lot of leeway for arbs to reverse bad actions.

Appeals (feedback)[edit]

+1 — agreed. El_C 19:00, 3 September 2022 (UTC)[reply]
  1. Editors are not dogs tied with a rope, or slaves with a noose around our necks, and that is what that terminology brings to mind;
  2. backsliding is too vague and easily gamed. It needs to be precise as to what that editor did to be blocked or t-banned in order to not backslide into those same behaviors. When that terminology is used without stating a specific behavior, it indicates there was no actionable behavior, or that the actionable behavior was excused as not actionable in the appeal, and never should have been imposed in the first place. Atsme 💬 📧 02:26, 5 September 2022 (UTC)[reply]

Single-admin enforcement actions[edit]

See also #Sanction duration (feedback)

Proposal summary

Individual administrators now have access to a standard set of page and individual restrictions to enact, plus any that are designated for a particular topic area.

Proposed language

See parts of:

See also
Rationale

There was a consensus in the community consultation that Arbitration Enforcement noticeboard (AE) is working well, but there were some concerns about complexity and the power of individual administrators. Therefore, we have made a conscious decision to give the AE noticeboard more discretion while standardizing the powers of individual administrators. The "standard set", which contains all the restrictions that are regularly used, should prevent single admins from using "bespoke" restrictions (but if they're really needed, they can be done at AE). The most commonly used restriction not included in the standard set are RfC/RM moratoriums, with the thinking being that there needs to be some form of consensus (in this case at AE) to interfere with our consensus decision making structures. Individual topic areas can also have additional standard restrictions (that single admins can use), an example of which is the source restrictions for Holocaust in Poland.

Single-admin enforcement actions (feedback)[edit]

Arbitration Enforcement special enforcement actions[edit]

Proposal summary

Some powers are now restricted to use by a rough consensus of administrators at AE:

Proposed language

See parts of:

See also
Rationale

There was a consensus in the community consultation that Arbitration Enforcement noticeboard (AE) is working well, but there were some concerns about complexity and the power of individual administrators. Therefore, we have made a conscious decision to give AE more discretion while standardizing the powers of individual administrators. To compensate for this increased workload and align the standards with current standards for actioning AE reports, AE only needs a rough consensus of uninvolved administrators (a substantially lower standard than the clear consensus needed for appeals; see below). We are also hoping that AE can be a way admins interested in helping out in contentious topics can "learn the ropes" before acting as an individual administrator.

Arbitration Enforcement special enforcement actions (feedback)[edit]

Per above, they seem to be saying 1 admin can do up to 1 year, a consensus can do indef. The problem, of course, is a lack of participation. If you are the only admin working a case for over 72 hours, are you a consensus of 1? Dennis Brown - 22:09, 3 September 2022 (UTC)[reply]
@Dennis Brown per the immediately below, I think it's "consensus can do indef page related functions and consensus can do indef editor sanctions except for blocks" Nosebagbear (talk) 23:27, 3 September 2022 (UTC)[reply]

Restriction duration[edit]

Proposal summary

Single administrators may impose individual restrictions for up to one year and page restrictions that lose "AE action" status (protection from modification by other admins) after one year unless renewed.

A rough consensus at AE may impose any restrictions indefinitely, except for blocks which continue to have a 1 year limit.

Proposed language
See also
Rationale

There was a consensus in the community consultation that Arbitration Enforcement noticeboard (AE) is working well, but there were some concerns about complexity and the power of individual administrators. Therefore we have made a conscious decision to give AE more discretion while standardizing the powers of individual administrators by limiting them to 1 year for special enforcement actions. Old page restrictions should be updated and reviewed by other admins without having to go through the hassle of a full AE thread.

Sanction duration (feedback)[edit]

With few exceptions, I've stopped handing out timed TBANS years ago, so I estimate that, for the most part, I won't bring these to AE. I'll just TBAN for a year, which will largely delay the problems as many sanctioned users will simply wait out the ban or otherwise return to the topic area disruptively once it expires. And then, I guess, TBAN for another year.
The notion that timed TBANS have proven largely ineffective has been a growing (and I'd say, now dominant) trend among admins at AE for years now. It's curious to witness the disconnect between ARBCOM and AE admins here. But that could be explained by the fact that many (most?) arbitrators were never AE regulars so as to pick up on what happens on the ground floor of the AE ecosystem. El_C 22:33, 3 September 2022 (UTC)[reply]

Individual restrictions: when used[edit]

Proposal summary

Explicitly states when individual restrictions can be used.

Proposed language

"Administrators may impose restrictions on editors (“individual restrictions”) in contentious topics who do not follow the expectations listed in #Editing a contentious topic as a special enforcement action." (Wikipedia:Arbitration Committee/Discretionary sanctions/2021-22 review/Phase II consultation/Draft#Individual_restrictions)

Rationale

This makes clear that restrictions are applied for failure to meet the expectations.

Individual restrictions: when used (feedback)[edit]

While that may seem apparent and even redundant, we found that new editors are often confused about when they can be restricted, and want to make the standard clear. CaptainEek Edits Ho Cap'n! 22:28, 1 September 2022 (UTC)[reply]

The anchor link Wikipedia:Arbitration Committee/Discretionary sanctions/2021-22 review/Phase II consultation/Draft#editing a contentious topic doesn't lead to anywhere specific. isaacl (talk) 20:58, 3 September 2022 (UTC)[reply]

Checking the source, it works with an initial upper case letter: Wikipedia:Arbitration Committee/Discretionary sanctions/2021-22 review/Phase II consultation/Draft#Editing a contentious topic isaacl (talk) 21:02, 3 September 2022 (UTC)[reply]
@isaacl:  FixedMJLTalk 07:54, 5 September 2022 (UTC)[reply]

Page restrictions: enforcement[edit]

Proposal summary

Clarifies that page restrictions may be enforced by reverting noncompliant edits (whether AWARE or not) and by restricting the editor who violated the restriction (only if AWARE and there was an editnotice).

Proposed language
Rationale

It was not previously clear that page restrictions could be enforced by reversion, and that those reversions are administrative actions if performed by uninvolved administrators.

Page restrictions: enforcement (feedback)[edit]

Yes, seems uncontroversial and spelling out what should have previously been obvious. — Bilorv (talk) 00:39, 4 September 2022 (UTC)[reply]

Warnings[edit]

Proposal summary

Makes explicit that

Proposed language
Rationale

Warnings at AE have been a particularly contentious flashpoint. We seek to give firmer guidance on how warnings work, and enable them to be more effectively used to justify future sanctions.

Warnings (feedback)[edit]

Administrator instructions[edit]

Proposal summary

Step by step instructions for administrators performing a special enforcement action

Proposed language
Rationale

Several administrators have noted that placing a sanction under DS is intimidating and so some avoid doing so out of fear of getting it wrong. These instructions are intended to provide step by step instructions, in a similar way that we have admin instructions for other technical/complicated tasks (e.g. closing an AfD discussion).

Administrator instructions (feedback)[edit]

Sub-pages for each Contentious Topic[edit]

Proposal summary

Each contentious topic will have a subpage of the main Contentious Topics procedure listing relevant information including:

Proposed language

Example at Wikipedia:Arbitration Committee/Discretionary sanctions/2021-22 review/Phase II consultation/Contentious topics/Genetically modified organisms

Rationale

This is an innovation from community-authorized discretionary sanctions (aka GS). Each one of those has a subpage that includes relevant information, templates, and guidance (see e.g. w:en:Wikipedia:General sanctions/COVID-19). This is missing from ArbCom DS; the combination of a large set of templates, informal knowledge, and hidden documentation makes it hard for many admins to enforce discretionary sanctions as they exist now. For example, ARBAP2 relies on w:en:Template:American politics AE and w:en:Template:American politics AE/Edit notice, but those templates are not linked from the case page or any central ArbCom page. Additionally, oftentimes relevant ARCAs get buried with time, which makes those clarifications useless; keeping information about them handy will provide clarity.

Sub-pages for each Contentious Topic (feedback)[edit]

Existing sanctions/continuity[edit]

Proposal summary

All previously enacted DS will be governed by the new procedures.

Proposed language
Rationale

While we're making substantial changes, we want continuity. This is a reform, not a repeal. The one exception is that page restrictions would be eligible for repeal or renewal under this procedure.

Existing sanctions/continuity (feedback)[edit]

Designation of contentious topics[edit]

Proposal summary
Proposed language
Rationale

For consistency.

Designation (feedback)[edit]

Logging[edit]

Proposal summary

Reducing and simplifying the language around logging

Proposed language
Rationale

Part of an effort to make the language easier to understand for all editors while not losing nuance (i.e. footnotes about edge cases). Specific procedures about the creation of the log can be moved to the Clerks procedures page.

Logging (feedback)[edit]

I don't agree with a blanket rule that a special enforcement action must be logged before it takes effect. If, for example, a user is notified that they are being banned from editing a topic, I don't think a delay in logging the action should delay the ban. Over time it could become a factor in judging awareness, as an editor might forget their specific bans after a while. In a similar manner, if a 1-revert rule restriction is enacted on a page, and an appropriate edit notice and talk page notice are added, I do not feel the log should be considered an essential element in determining awareness. (I don't think it's reasonable to expect editors to check the log to look for page restrictions for every page they edit.) I appreciate the desire to have a stick to induce admins to update the log. Hopefully, though, the admin instructions page will be enough of a carrot to keep the log up to date. isaacl (talk) 22:44, 3 September 2022 (UTC)[reply]

Administrator's role[edit]

Proposal summary

Reducing and simplifying the language

Proposed language
Rationale

Part of an effort to make the language easier to understand for all editors while not losing nuance.

Administrator's role (feedback)[edit]

AE noticeboard[edit]

Proposal summary

Incorporates AE scope into ArbCom procedure. Allows community to use AE noticeboard for its own version of contentious topics by consensus.

Proposed language
Rationale

The community expressed that the AE noticeboard works well, and has repeatedly asked us to adopt ArbCom DS in place of community DS ("GS"). This would allow the community to use the AE noticeboard if desired.

AE noticeboard (feedback)[edit]

Editnotices and talk page notices[edit]

Proposal
Prototype

Wikipedia:Arbitration Committee/Discretionary sanctions/2021-22 review/Phase II consultation/Templates#Editnotices and Wikipedia:Arbitration Committee/Discretionary sanctions/2021-22 review/Phase II consultation/Templates#Talk_page_notice

Editnotices and talk page notices (feedback)[edit]

AE is limited[edit]

Proposal

WP:AE is a venue with limited capacity, since each case before it takes significant time and energy. Accordingly, non-controversial actions like regular page protections, vandalism, run-of-the mill disruption should be dealt with via regular processes.

Proposed language

Before imposing a special enforcement action, administrators must consider whether a regular administrative action would be sufficient to reduce disruption to the project. Wikipedia:Arbitration Committee/Discretionary sanctions/2021-22 review/Phase II consultation/Draft#Administrators'_role_and_expectations

AE is limited (feedback)[edit]

Notice of restriction[edit]

Proposal
Prototype

Notice of restriction (feedback)[edit]

Implementation motion[edit]

Proposal summary

The motion does three main things:

  1. Enacts the new procedure (and invites review after one year)
  2. Enacts procedural changes that would have been part of the new procedure, except they also affect some non-CT AE processes
    • Authorizes arbs and clerks, after consulting ArbCom, to update and maintain AE templates and docs including CT (e.g. alert templates, editnotices, case-specific pages)
    • Formally enacts the AE noticeboard scope referenced above
    • Formally enacts the AE logging changes referenced above
  3. Changes to DS remedies:
    • Redesignates all outstanding DS as CTs (and also removes old cruft, e.g. “pages” vs “articles”, etc.) (this is a technical change necessary for the new CT procedure)
Proposal text

Motion (feedback)[edit]

Miscellaneous[edit]

Is there anything that the Committee has missed? Feel free to propose them below. Please copy the sample formatting below, inserting your own proposal. The Committee reserves the right to clerk your entry.

Sample proposal by User:Example[edit]

Proposal

Puppies are cute. I propose that ArbCom gives us all a puppy.

Proposed language

The Arbitration Committee shall provide each editor a puppy.

Sample proposal (feedback)[edit]

Proposal by Sandstein: Allow AE delegation back to ArbCom in difficult cases[edit]

Proposal

From my (perhaps outdated) experience as an admin formerly active in AE, almost all AE actions are uncontroversial because they are taken against people who are clearly not here to build a neutral encyclopedia, such as obvious POV-pushers. There are, however, cases in which valid complaints are made against the WP:UNBLOCKABLES - administrators or veteran editors with a large network of friends, on- or offwiki. In such cases, in my experience, an attempt by a single administrator to sanction them - even though theoretically authorized by the Committee - will invariable result in a huge shitstorm on various community fora. And if these cases end up back before the Committee, on appeal or otherwise, my experience is that the Committee will often attempt to evade having to take a decision, leaving the enforcing admin to take the brunt of the harassment by the sanctioned editor's friends.

This is inappropriate. It is the Committee's job to resolve intractable and divisive disputes, and to take the heat for it, not that of individual administrators with limited legitimacy and authority. Like other parts of the dispute resolution system, AE/DS are good at dealing with routine cases, but bad at taking the hard decisions for which the authority of these procedures would actually be needed.

I therefore propose to authorize admins to request that the Committee, or individual arbitrators authorized by the Committee, examine and act on such cases. The proposal applies to all of AE, not only DS, because enforcement actions in individual cases present the same difficulties. Sandstein 07:12, 4 September 2022 (UTC)[reply]

Proposed language

An uninvolved administrator at WP:AE may, instead of acting on an arbitration enforcement request, ask the Arbitration Committee to examine the request, if the administrator believes that the request may have merit but that acting on it would generate disproportionate controversy or disruption. The Committee, or the arbitrator(s) to whom this function may have been delegated by the Committee, shall take a binding decision about whether and how to act on the request.

Proposal by Sandstein (feedback)[edit]

Yes, sure, good idea. But "a consensus of admins [on AE] referring something to the Committee" would be very unusual. Let's see if that will ever happen. My very best wishes (talk) 16:27, 5 September 2022 (UTC)[reply]

Proposal by Atsme[edit]

Solving the problems[edit]

Looking at the root cause and why the fruits of our labor are consistently overcome by weeds, we have to look deep to find the root rot. A bit dramatic, yes, but it gets the point across. The root of the problem is differing opinions in highly contentious topic areas. We cannot change those editors who are epistemologically different, and we certainly should not punish them for being different, or for having different opinions, or for sharing for their thoughts. So how do we keep the peace, and fix the problem, which is what ArbCom is all about; i.e., finding resolution? And 9 times out of 10, the issue is NPOV which bleeds over to RS, because biased editors disapprove of sources that do not align with their bias; therefore, all kinds of excuses and criticisms are made, which apply to all sides but bias blinds us into believing that our side can do no wrong. The focus then becomes getting rid of the sources, arguing about the reliability of those we don't agree with, and whoosh! NPOV goes to hell in a hand basket. That is the heart of root rot. We are supposed to include all significant views, regardless of our biases, or what we believe to be right, or correct. It's not the article's fault, it is decorum's fault and the lack of keeping discussions civil. They can be long discussions - but they should not be uncivil...and the first uncivil remark should result in the first warning by the overseeing admin. I'm not talking about innocuous comments and friendly banter, I'm talking about the "you are" remarks like "you are delusional", "the sources you pick", etc. Make "you" a restricted word.[stretch]

Definitions (a mix of suggested and modified) The committee is the Arbitration Committee. RTN ("restricted topic noticeboard") is the venue for requesting, applying, discussing and appealing most enforcement requests. AN ("administrators' noticeboard") is the alternative venue for appeals. ARCA ("Requests for Amendment") is the venue for appealing to the committee.

Guidance for editors[edit]

Expectations

Restricted topics are not intended to prevent free and candid discussion, but restrictions may be imposed if an editor severely disrupts discussion. Within the area of conflict, editors are expected to edit carefully and constructively, to not disrupt the encyclopedia, and to:

Any editor whose edits do not meet these requirements may wish to restrict their editing to other topics in order to avoid the possibility of an enforcement remedy.

Decorum[edit]

Certain pages (typically, RTE, AN, and ARCA) are used for the fair, well-informed, and timely resolution of restrictive topic enforcement cases. Editors participating in enforcement cases must disclose fully their involvement (if any). While good-faith statements are welcome, editors are expected to discuss only evidence and procedure. they are not expected to trade These noticeboards are zero tolerance areas; therefore, insults, character assassinations, casting aspersions, and various other personal attacks will quickly be dealt with by an admin action. Uninvolved administrators are asked to ensure that enforcement cases are not disrupted; and may remove statements, or restrict or block editors, as necessary to address inappropriate conduct.

Eliminate Awareness/Alert section[edit]

Role of administrators[edit]

The enforcing overseeing administrator’s objective should be to create an acceptable collaborative editing environment for even our most contentious articles. To this end, administrators are expected to use their experience and good judgment to balance the need to assume good faith, to avoid biting genuine newcomers, to be self-conscious about the potential for WP:POV creep, and to allow responsible contributors maximum editing freedom with the need to keep edit-warring, battleground conduct, and disruptive behaviour to a minimum.

Administrators must not

impose a restriction when involved; modify a restriction out of process; repeatedly fail to properly explain their enforcement actions; repeatedly fail to log their RT actions or page restrictions; or repeatedly issue disproportionate RT actions or issue a grossly disproportionate restriction.

Eliminate this section as it is already in Wikipedia:Administrators[edit]

IOW, there is nothing special about an admin overseeing an RT area. They act as admins, with the two exceptions:

  1. Placing a restriction on the page - such as 1RR – consensus required.
  2. Tighter scrutiny relative to Decorum at these articles.

Eliminate all the remaining re: appeals, yada yada[edit]

  1. Another admin can overturn an overseer's decision
  2. An editor who is subject to an overseer's action should be able to appeal as with any other block or t-ban appeal - and editors should not have to grovel or be humiliated, or be subjected to disrespect and mistreatment.
  • CaptainEek, your response is very encouraging. I absolutely positively want ArbCom to maintain its authority and you are correct that my concern is ArbCom delegating it's authority to admins that can act on sole discretion with a unilateral action that cannot be overturned, and that will require nothing short of a miracle to appeal. That is where I strongly believe WP:POV creep and prejudice rears its ugly head, inadvertently or otherwise. What I've proposed will eliminate that factor, or at least reduce it substantially. Attention-getting banners in an article's edit view can be made to be quite visible and will provide much better returns than warnings on an editor's UTP. Why? Because it clearly applies to everyone so that new and old editors alike do not feel singled-out or targeted by their opposition. Placing edit sanction warnings on a UTP is a terrible approach, and trying to get uninvolved editors to do that placement creates a different set of issues, none of which points to resolution. Keeping decorum on the article TP is paramount, and will resolve 99% of our issues. Let the discussion happen so a consensus can be reached. It is when one side runs out of valid arguments that the problems begin, and we see attempts to get rid of those editors with strong opposing views. We all know that to be a fact. There is already a remedy for edit warring, and no reason that ArbCom cannot place restrictions for 1RR, or simply allow admins to use PP which they are already authorized to do. Any admin can handle actions related to TP Decorum, and should not have anything to do with a page restriction. It's a behavior problem, and one of the primary reasons we have admins. In summary, I want to say that I am impressed with all the work arbcom has invested in this issue, and that I wish you, Barkeep, L235, and the other arbs the best of luck, and a successful conclusion to what you all have worked so hard to finally get right. Atsme 💬 📧 21:57, 1 October 2022 (UTC)[reply]

Proposal by AGK[edit]

This consultation has sought to resolve a grievance – that discretionary sanctions is mired in bureaucracy and the regulations around it are dense, discouraging editors from editing and admins from enforcing.

I have suggested that the present direction of the draft does not cure the problem. It's likely to lead next decade to another consultation.

The real problem is that administrative discretion lies at the heart of discretionary sanctions. Yet over the years, a massive amount of regulation has sprung up to constrain discretion. The regulation is not having the desired effect (improving administrative decision-making) and has taken on a life of its own (regulation of the regulation).

I have drafted a replacement remedy, using the example of WP:ARBAB, at User:AGK/Administrative authorisation#Administrators authorised. The text is also reproduced here:

Administrators authorised

4a) Administrators are authorised to place a sanction on any user who is within the area of conflict. Sanctions may be placed at the administrator's own initiative or by request. [Only authorised uninvolved administrators may place a sanction.]

Users will fall into the area of conflict only after after having made edits that affect encyclopedic content relating to the area or express an opinion about the area.

Sanctions should be proportionate to the disruption being caused by the user's presence in the area of conflict. Sanctions are required only to fall within the band of reasonable responses to the disruption.

4b) Any sanction that has been placed under remedy 4a) may be taken by the sanctioned user to the the Arbitration Enforcement noticeboard for reviewing by three uninvolved administrators. The reviewing administrators will be entitled to substitute their own sanction. The reviewing administrators are not required to give detailed reasoning for their decision to substitute. The procedure of review of sanction is intended to be fast-track and separate from appeal on the merits.

4c) The merits of any decision to sanction may be appealed to the Arbitration Enforcement noticeboard or directly to the Arbitration Committee. Noticeboard appeals may result in a decision to overturn only by the consensus view of administrators. The sanctioning administrator will not participate in the decision but is entitled to give a note of their reasoning for the decision to sanction. The noticeboard may decide to remit appeals to the Committee.

[4d) Any administrator who wishes to be entitled to place a sanction on users within the area of conflict must apply to the Arbitration Committee for approval. The Committee may make enquiries into the administrator's experience, temperament and record of judgment and will in its sole discretion determine whether an administrator is to receive the entitlement. Applications for entitlement will be received, considered and decided confidentially within the Committee[, its panel of functionaries and the Wikimedia Foundation]. Entitlement will be granted initially for 1 year and every 3 years thereafter. Entitlement granted for this area of conflict will extend to all others.

4e) The Arbitration Committee is entitled to suspend or withdraw any entitlement granted under remedy 4d) as well as refuse the renewal of entitlement. Entitlement will be withdrawn if the administrator places sanctions that the Committee views as being outside of the band of reasonable responses. Withdrawal on such grounds of entitlement will sound in the committee's role as steward of the long-term effectiveness of the administrative sanctions system, and be no adverse reflection on the administrator's good standing in the community. The Committee is also entitled for any reason to withdraw or refuse renewal of an entitlement.]

That's it. You don't need any other operative provisions. Just provision for administrator discretion and a few limiting provisions.

It is proposed that each of the existing remedies to authorise standard DS would be replaced with the above text. There would only be these remedies, made up of the above paragraphs: it is proposed to deprecate the 'standard discretionary sanctions' instrument. By implementing in this way, each case remedy stands on its own. That avoids the problem we had with DS, which acquired its own 'brand' and therefore gave people more to comprehend. Many existing pieces of infrastructure (eg WP:AC/DS, Template:Ds/alert) can then also be deprecated.

I submit this proposal for your consideration and comment. AGK (talk) 17:02, 26 September 2022 (UTC)[reply]

@AGK I'm not quite sure I can envision how 4C would actually work. Presumably one scenario would be:
Foo topic banned from (DS TOPIC), broadly construed by Barkeep49
Reviewing admin 1: Endorse sanction
Reviewing admin 2: Endorse sanction
Reviewing admin 3: Is a little harsher than I'd like but I still Endorse sanction
Easy. But how does it work if the 3 reviewing admins don't agree - but we also don't know why because they don't have to give any reasoning? Is it a straight vote, so if 2 admins already do X there's no need for a third? Who actually implements what the 3 decide (or in the case of mixed opinions decides what they've decided)? Can you help me better understand how you think it would actually work at AE? Barkeep49 (talk) 20:41, 1 October 2022 (UTC)[reply]
I will take this to be referring to 4B, which is the reviews clause. The situation envisaged is where an administrator has been too harsh. The opposite (admin leniency) rarely comes up. Reviewing administrators are now being encouraged to substitute their own judgment, not to give detailed reasoning or arrive at a consensus. Admin 3 does not have to equivocate about what they would have done, in the way your scenario imagines. They just say, "This should be a page-ban. Overturn topic-ban". If both others agree, then the new sanction is substituted. Review is not a fast-track appeal, but a second crack at the whip for sanctioned users. AGK (talk) 21:21, 1 October 2022 (UTC)[reply]
Yes this is about 4B andtThanks for that correction AGK. So we'd have instead:
Foo topic banned from (DS TOPIC), broadly construed by Barkeep49
Reviewing admin 1: Topic ban Foo
Reviewing admin 2: Topic ban Foo
Reviewing admin 3: Warn Foo
So that leaves my other questions. Why would reviewing admin 3 bother if 1&2 both came to the same conclusion? Especially because it explicitly notes that no justification need be given so it's not like there's a basis for discussion. Who decides how to close the review; Admin 4? And now that I understand better what's proposed, why would I bother doing any sanction if I know that the real decision is going to be made by 3 other people? Isn't the logical outcome of your system just for all sanctions to be decided by 3 admins and the one who'd previously done the sanctioning to just be Admin 1? By saying that the initial decision gets zero deference it seems to me that we're massively reducing admin authority which is directly opposite of what your stated goals were - more authority in exchange for more supervision. Barkeep49 (talk) 22:08, 1 October 2022 (UTC)[reply]
Presume for now that the threshold to substitute is 3/3 of the reviewing admins, although 2/3 may be more practicable and proportionate. There is going to be no 'closure' of the review. This isn't a consensus discussion; as a re-assessment, it is closer to a straight vote. Taking your scenario, the sanction is topic ban for 1 year and the reviewers vote, 'Topic ban, 1 year', 'Topic ban, 1 year' and 'Warn'. The voting threshold to substitute a warning has not there been reached, so the original sanction stands.
Modifying your scenario, the sanction was block for 1 year and the reviewers vote, 'Topic ban, 1 year', 'Affirm block' and 'Warn'. There the threshold of 3/3 is not met.
Modifying it again, the reviewers have voted 'Topic ban, 6 months', 'Topic ban, 6 months' and 'Warn'. The threshold is met: all 3 reviewing administrators think that a lesser sanction is needed and the 6-month topic ban is substituted.
If three administrative colleagues would have imposed a lighter sanction than you, then it's clear that you are a hanging judge, of the sort that we've always had a bit of a problem discouraging from participation in Administrator Enforcement. You're right that that kind of admin might be discouraged from participating, or they might participate but consciously modulate their behaviour. Other admins, however, know that if they select a sanction that's proportionate to the problem, then the reviewing threshold will not be met, should a review be brought, and their original sanction will stand. The analogous situation here, I think, is sentencing in the criminal courts. Judges always have their eye on the appeal court, knowing that if they impose a sentence that's too lenient or too heavy, then the accused is likely to take an appeal of sentence. Sentences that most other judges would impose are likely not to be disturbed on appeal. Sentences that stray too far from expectation will risk being substituted. Appeal judges have no trouble in leaving good sentences undisturbed but changing bad ones, and in agreeing among themselves whether to substitute. At the same time, first instance judges do not, I think, feel like their discretion is fettered. (This analogy is not meant at all to imply that admins are 'sentencing' editors of Wikipedia, and ideally the motivation in sanctioning is different to that in criminal justice.)
Might it be good to workshop some more scenarios, perhaps on a different page? AGK (talk) 10:27, 2 October 2022 (UTC) Errors corrected: AGK (talk) 08:21, 3 October 2022 (UTC)[reply]
I've also been thinking about assignment of the pseudoperm. I think to have a chance it would automatically be held by any sitting or former arb (who remains an admin) and by any sitting CU or OS. I think in terms of granting it might work better if it worked like a normal perm in that it could be granted by anyone who holds it and could also be removed that way - with perhaps some opportunity to appeal that decision to ArbCom as a whole. But actually putting that into procedures - or even just putting what is already suggested here with arbcom doing all the assigning - is going to create a boatload of procedures in and of itself. I worry in general that when we actually do the things to make this proposal feasible (see also question above) it'll suddenly be much longer and thus lose the virtue its supporters like. Barkeep49 (talk) 20:41, 1 October 2022 (UTC)[reply]
Grandfathering in a bunch of people would be a sensible thing to do at the start. Then… Let's not complicate things. You could then add the permission to WP:RFPERM, allowing only sitting arbitrators to handle requests, and deciding requests perhaps on a net-4 basis. Borderline cases could be discussed on your mailing list. A procedure would be adopted for removals, which one hopes would be needed infrequently. If you don't like the idea of using the community permissions page, then just create a new section at the bottom of WP:A/R. It's a radical workflow change, but so were Discretionary Sanctions when first adopted… AGK (talk) 10:33, 2 October 2022 (UTC)[reply]
I should also say that the psuedopermission is the least essential protection within this draft, although I do think that it's an important one. Separating AE-admins and regular-admins is analogous to the separation of the interface-admin and sysop permissions. Not every admin is suited to the work, in my experience. AGK (talk) 10:36, 2 October 2022 (UTC)[reply]
AGK nailed it in that last paragraph. Also to consider...depending on one's health and age, 1 year could be a lifetime. We have excellent editors who are in their golden years, and sadly, we also have editors who are here on borrowed time but still do incredible work. What kind of behavior would warrant an entire year? Imposing a 1 yr. t-ban should be a decision made with no room for doubt or question, not unlike how admins approach a CSD. For example, how many tl;dr comments arguing inclusion or deletion in an RfC are considered too many & deserving of a t-ban, when it is a single editor arguing valid reasons backed by RS, but who is being wrongly accused of stonewalling and disruption? We have far too many ambiguous PAGs that fall prey to individual perspectives, keeping in mind that we are dealing with volunteers from different countries, of different religious & political persuasions, and completely different cultures. I live on a tiny island in the Dutch Caribbean where the views are quite different from say the UK & US. Sole discretion is a crap shoot because of those differences, and the boldness of anonymity. Will ArbCom vet the admins who will work in these highly contentious topic areas if they intend to continue imposing harsh measures, because we all know for a fact that it doesn't completely eliminate disruption; rather, it eliminates good editors who feel slighted. Is it really possible that an editor can be so incredibly disruptive in only one topic area but be the ideal editor in all other topic areas? I think not – but it is used as an excuse to rid the topic area of opposition. I'm of the mind that a person is who they are regardless of where they are, and that preventing them from participating in a particular topic area because the opposition wants them gone is unconscionable and a threat to reaching consensus and maintaining NPOV. As for "disruption" (depending on one's perception of disruption), I will admit that when all editors are of like mind (politically, religiously, etc.) there is less chance for disruption. The only thing I want homogenized is a glass of milk, not our community. There is no question that this is a tough call but we elected the right team for the job. Good luck, arbs!! Atsme 💬 📧 01:11, 3 October 2022 (UTC)[reply]
Over the past couple of years the AE board has degenerated into an ANI-wannabe thicket that's become so impenetrable that participation is populated by largely by highly motivated editors who have either an axe to grind or too much time on their hands. Neither category is likely to be particularly helpful to the Admin review of the case. If such a board is to be effective, the comments of non-Admin participants (except for the complainant and target) should be limited to diffs only with one descriptive sentence for each. Ranting and vendettas can continue to go elsewhere. I also agree with AGK's observation that some Admins are more likely to get things right in the difficult environment of these enforcement issues. All Admins should be encouraged to volunteer for this responsibility, and a well-functioning review/appeal process would be a safeguard against any errors with discretionary enforcement. For balance, the review and appeal functions should only be done by select what AGK calls AE-Admins -- selected by a process yet to be determined. SPECIFICO talk 22:47, 6 October 2022 (UTC)[reply]
The discussion above is closed. Please do not modify it. Subsequent comments should be made on the appropriate discussion page. No further edits should be made to this discussion.