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Update from the Arbitration Committee

Original announcement

Don't care much about following the daily brouhaha that this case will have, but I strongly urge WP:ARBCOM to

  • Not invent policy. If it is found lacking, urge the community to either update or create it.
  • Identify when and where things are in uncharted waters, and where guidance from the community would be needed. In particular, guidance on how the community would like ARBCOM to deal with harassment cases and confidential/anonymous evidence. Perhaps a dedicated harassment@arbcom email would facilitate the submission of anonymous/confidential evidence.
  • If a ban (or some alternate sanction/remedy) is ultimately warranted, identify which areas of policy have been violated, whether WP:UNCIVIL, WP:NPA, WP:HOUNDING, WP:HARASSMENT, WP:OUTING, etc.
  • Get as much as you can from T&S (and Fram), including any written warnings they have issued to Fram. If you can get Fram's responses too.
  • Dig deep. Both in complainer's and in Fram's history. Invite, through T&S and through Smallbones, complainers to contact you directly with their experiences and testimonies. But take your time.
  • When you have identified areas of concerns, give Fram the opportunity to reply to those concerns [formulated in a way that protects confidentiality].
  • Make things as public as they can be. Keep anonymous/confidential complainers anonymous/confidential. Do not even think of leaking or hinting at who they might be through 'unofficial channels'. Review your mailing lists and see who is on them, and make them up to date.
  • While completing your own investigations, keep us posted. Don't offer T&S-like platitudes. While we don't need the nitty gritty details, keep up apprised of what has been done, how much is left to done, and what is next on your plate, and how long you estimate that next step to take.
  • WP:AGF of both sides, but WP:SUICIDEPACT is also a thing.
  • Review On the Nature of Shitstorms, making the WMF/T&S → ARBCOM substitution, particularly the bit pertaining to "[cocking] up the response so badly that both [your] competence and legitimacy is no longer accepted by default by a sizeable amount of the community." I'll add that, IMO, ARBCOM gets a bit more leeway than the WMF here, since we have elected you and have empowered you to make rulings in complex situations. If you're dealing in a case of #2 (debatable) vs #1 (clear, unambiguous), feel free to use a standard of 'more likely than not' weighted in the light of prior warnings and repeat behaviour [if applicable]. However, if this is the standard used, use it in light of WP:1Q.

Headbomb {t · c · p · b} 19:33, 5 July 2019 (UTC)

I don't know how many times diffs have been brushed off as 'stale' evidence because they precede the immediate action for a sanction by several months. If Fram's history from the year dot is to be placed under the microscope, does that not set a precedent for all future cases of ostensible harassment? I thought this T&S action took place as Fram was on a learning curve to improve behavior others found aggressive. Shouldn't the relevant evidence be limited to Fram's editing after his first warning in, was it, March 2018? Nishidani (talk) 20:14, 5 July 2019 (UTC)
I'd rather have a full review of everything covering as wide a range as warranted. For instance, if an interaction ban was issued following behaviour that spanned 2015-2018, then ARBCOM should look at that and see if the interaction ban was warranted by Wikipiedian norms in the first place (e.g. for repeated violations of WP:CIVIL/WP:NPA). If it was, that makes subsequent violations of that ban, and subsequent warnings relevant. It if the ban wasn't warranted, then any follow up warning related to that ban are invalid and the associated complaints should be dismissed. Look at each complain, each incident, get context, assume good faith from both sides, and see if there was a sanctionable behavioral issue, or if it's just people getting annoyed that they aren't getting their way, or incompatible personalities clashing. Headbomb {t · c · p · b} 01:43, 6 July 2019 (UTC)
What bothers me is the possibility that T&S may have painted a picture that would be seen to be inaccurate if only Arbcom could look at the actual diffs of the behavior and look at the edit history of the redacted individuals and see the context of the behavior. --Guy Macon (talk) 01:05, 6 July 2019 (UTC)
Yep, this was discussed earlier on FRAMBAN with respect to "exculpatory evidence" and whether T&S would forward that. My gut instinct is that they probably aren't legally obligated to do so, but I also think that if someone in the legal department signs off on the disclosure package knowing that there's exculpatory evidence, and knowing that the goal here is to present a picture of an impartial process, that person in the legal department may be subject to discipline by a relevant state bar, and anyone in legal who knows what went down may be under an obligation to report it if it is an ethical violation. Cold comfort to us, getting stuck with a corrupted process. That's honestly why I think the Committee needs a staff lawyer to advise it as to legalities and to negotiate with WMF directly to ensure that the Committee knows what's being disclosed, knows what's not being disclosed, and knows why particular nondisclosures have occurred. —/Mendaliv//Δ's/ 01:13, 6 July 2019 (UTC)
Can the committee comment on how much, if any, of the info involves stuff that did not occur on wikipedia? And how much of it was either rev deleted or suppressed? While I would agree it is concerning if exculpatory evidence is withheld, for any evidence relating to stuff that happened on wikipedia the effect is lessened. Ultimately if this was an arbcom case that did not involved T&S someone would have to uncover that evidence. (Again this does not justify T&S withholding any exculpatory evidence, but we should recognise that the way our community works in normal cases ultimately someone has to uncover it.) As I understand it, arbcom is able to see most of the diffs. There may be some hidden, but since they are hidden that means they can't be considered. The fact that they are not able to see who raised them to T&S, nor who made any comments relating to them should not IMO be that significant. From what I understand, it's currently intended that this case is primarily akin to a normal arbcom case so the evidence will be looked at and arbcom together with the parties will try to understand who did what why and how that fits in our policies, guidelines and norms. The key difference seems to be if it is held in private with only Fram and arbcom receiving the evidence and therefore only them able to uncover exculpatory evidence. While arbcom cases are sometimes held in private, it's unclear to me if this ever involves cases where most or all of the actual behaviour of concern is on wiki if that is indeed the case here. Some people here aren't going to be happy with any case largely conducted in private, but I think the disagreement/anger is going to be a lot more if the main reason for it is to protect the person who's Fram's on wiki actions were against or the complainant. (Who don't have to be related in any way. I mean the person complaining could completely hate the person they're alleging Fram harassed for all we know.) Rather than because the complaint involved stuff outside wikipedia (email, forums, social media, etc or real life identities and such). Nil Einne (talk) 08:08, 6 July 2019 (UTC)
(edit conflict) We were concerned about the redaction making it impossible for us to hold a case, which is why we waited until we could review the material to determine if we would. This statement was intended to clarify that we are satisfied that the material is minimally redacted and that we are comfortable moving forward. GorillaWarfare (talk) 01:16, 6 July 2019 (UTC)
Well parts of the arbcom mailing list archives were leaked about 8 years back [2] so I would say yes they have failed in the past. I think things have come a long way since then although I believe even after 2011 there were some stuff discussed on the 'wikipedia watcher' type sites which made me think someone had been sharing stuff they shouldn't have. Still even that was a while ago. I don't know whether any of the details leaked could be clearly said to violate someone's confidentiality, but from an outsider, it's hard to split hairs when stuff like that happens. However as I mentioned above, as far as I'm concerned it's a moot point if promises were made and the WMF cannot convince whoever it is to allow them to reveal the entire details to arbcom whatever the wisdom of such promises in the first place. Nil Einne (talk) 07:55, 6 July 2019 (UTC)

AC update: random break

In regards to the update (and we hope to keep the community regularly informed of our progress - or otherwise - on this matter), we are still looking at how best to conduct a case. We are looking at a case on Fram, rather than reviewing T&S's report or the resulting ban. Matters relating to Office Actions, etc, need to be discussed, though that is a separate issue from ArbCom looking into Fram's conduct on Wikipedia. The wider issue of Office Actions and the ongoing relationship between enwiki and WMF are probably best done in an open discussion involving the community and WMF. The Committee have not discussed that much, as our priority has been focused on the Fram issue, however it is probable that would be in RfC format. An official update on that will be issued when we have discussed it.
What we are looking for from the community at the moment is ideas on how best to hold a case on Fram. When ready we can receive evidence in private. We can hold the case entirely in private. However, public evidence is very useful as then the community can see and discuss the sorts of behaviour that lead to concerns, and lessons can be learned as to when to identify that lines have been crossed. However, people may be unwilling to provide public evidence. It may also be inappropriate for people to be pointing out others whom they feel may have been harassed, as that could be putting a spotlight on people who may find such attention unwelcome. So, ideas on how to balance transparency with protection are welcome. Transparency so that lessons can be learned, so that Fram can respond, so that the community is involved in the process, and so all interested parties on and off enwiki can see the rationales for whatever decisions are made; and protection from potential harassment so that people can feel comfortable with providing evidence. SilkTork (talk) 09:08, 6 July 2019 (UTC)
Please use the WMF report as a roadmap to find relevant diffs. We would not need to see the report because the diffs are public and could be presented in public. Community members could add to that body of public evidence and then Fram could respond to concerns and explain the context of his actions. Any off-wiki evidence, such as emails, would need to be submitted in private, except for evidence copied from other official WikiMedia sites. Wikipedia’s banned users have already figured out most of what happened and are discussing their theories widely. Trying to obscure the identity of other parties is mostly moot by now. Rather than sacrificing transparency and stifling free discussion, we should watch carefully for any further harassment and stop it. On the other hand some try to wield claims of being harassed as a weapon. We should be on the lookout for that dynamic and stop it too. Overall this is going to be a tough case, but for best results we need the public evidence to be presented in public. Jehochman Talk 09:37, 6 July 2019 (UTC)
Just to make this explicit in other words to be sure it doesn't get lost: If the diffs in the redacted PDF are stripped of any comments, replaced by better ones where appropriate, reorganised and supplemented with more diffs supplied privately and/or publicly by the community, Arbcom should be able to publish the resulting list of diffs without outing whoever was redacted. Hans Adler 09:58, 6 July 2019 (UTC)
I think we must to accept the old system does not work for harassment cases; if the Fram affair has shown anything, it is that existing on-Wiki processes for such cases do not work, and clearly editors are !voting with their feet and going direct to WMF to intercede. Trying to get detailed diffs of the evidence (even if redacted), is not going to work. We need ArbCom, which are elected senior editors of WP, to come to a closed-session view based on the evidence. If we can't trust ArbCom to do that, then we should accept that on-Wiki is not going to be capable of handling harassment cases, and WMF will instead become the forum (e.g. harrassed editors will, correctly, appeal to WMF that they cannot use on-Wiki for fear of disclosure and further harassment).
However, if ArbCom finds their closed-session review raises questions regarding policy/community views, then they can ask the community for their views on such questions in a targeted manner that does not disclose information. I think that is the best way to proceed here. ArbCom's statements/questions during this case will become the "learning examples" that ArbCom rightly seeks to create (as it does with normal cases); however, trying to do this by using transparency is not going to work for harassment cases, and it is critical here that ArbCom show it can handle such cases. Britishfinance (talk) 10:43, 6 July 2019 (UTC)
This discussion is getting really long and hard to follow. I recommend you move to a more structured format, such as a case request. 😀 Jehochman Talk 09:41, 6 July 2019 (UTC)
One test of whether whatever procedure ArbCom cobbles together can be considered fair will be if the twenty-odd admins and others who have resigned as a matter of principle rush the gangway to get back on board. I voted for quite a number of them at some point in their wiki-careers and am still inclined to take their judgment seriously.--Wehwalt (talk) 10:07, 6 July 2019 (UTC)
Maybe. But, though I applaud the progress that has been made (especially that momentous open letter from ArbCom to the board, for which I have nothing but respect), and I trust ArbCom enough to support their judgment in the Fram case whichever way they decide, I will not be asking for my admin bit back - and that will not be a reflection on the Fram result, or on ArbCom in any way. It's because we are going through a change in the way the various bodies work and communicate, there are going to be changes made in the way we handle aggressive behaviour, there's a new "Universal code of conduct" in the pipeline, and the old regime under which I ran for admin is being replaced/upgraded/whatever. So I'm going to sit back and see how it pans out before I can decide whether I want to be an admin under the evolving new regime, and if I decide I want to, I'll need to ask the community if they want me to do so too. Boing! said Zebedee (talk) 11:06, 6 July 2019 (UTC)
Thank you for that, and all you have done. I add that my comment above was not intended as negative reflection on the judgment of ArbCom, lest anyone took it as a backhanded knock. I too am waiting and seeing what this will develop into.--Wehwalt (talk) 11:44, 6 July 2019 (UTC)
I like a case in which questions are asked of the "accused" because for me it is important to see if that person understands the concerns, and is willing and able to adjust their behaviour to avoid future concerns. It also helps when accusations can be put into the context of the rationale of the "accused". While there is evidence in the report, it is not "our" evidence. The people who provided the evidence did so to T&S, not to ArbCom. We cannot ask them for more details. Nor can we ask Fram to comment on the evidence as it is not our material. My feeling is that we need evidence we can handle and critically examine - this could come from the same people who wrote to T&S or new people or both. So, we need a case. And we need a way to collect evidence and to get findings from that evidence which will be helpful to the whole community in assessing how to deal with harassment and incivility moving forward. If we hold the case entirely in private, and we sanction Fram, we are effectively merely punishing a user, and the community learns nothing. If we don't sanction Fram, and the community has not seen why, then the community learns nothing, and possibly becomes more distrusting of T&S.
I have some ideas - such as taking evidence initially in private, and then if it is robust enough, asking the provider if it can be moved to the case pages here on enwiki. But we need more ideas. SilkTork (talk) 12:34, 6 July 2019 (UTC)
While there is evidence in the report, it is not "our" evidence. The people who provided the evidence did so to T&S, not to ArbCom. We cannot ask them for more details. Nor can we ask Fram to comment on the evidence as it is not our material. If you can’t let Fram address the evidence in any way, it’s not reasonable to even use it in your analysis. WMF/T&S are acting as prosecutor here. Don’t let the lack of an on-wiki style of argumentation fool you. Any materials produced by WMF should be treated as materials produced for the purposes of this prosecution, and not as evidence. No matter how balanced it reads. I particularly want to know how much is argumentation and analysis rather than documentation (you seem to indicate that this is present). Such material is not evidence, but argument. If you go the route of adjudicating on one-sided prosecution materials while allowing no effective way to address those materials, you’re denying Fram any hearing at all. This is why I’ve said the Committee needs a staff attorney. You need to know the legalities involved in what you can disclose to Fram, because I can just about guarantee you are able to give more than you think. (n.b., I am not trying to get a job/volunteer here, I’m just pointing out that you need independent legal counsel) —/Mendaliv//Δ's/ 12:56, 6 July 2019 (UTC)
Mendaliv, Your idea of lawyering up a volunteer committee, who is deciding whether a volunteer, should volunteer, here, (which is all they are deciding), sounds like a good recipe for the destruction of Wikipedia volunteerism. By policy and consensus, we don't settle things by law, that's the spirit of no legal threats, if anyone wants recourse to the law on Wikipedia, they have excluded themselves from Wikipedia.
Inappropriate
WMF is not "prosecuting", they looked at materials and decided exclusion was prudent, now the ctte has to decide, or go a different way, but it will not be by way of law. -- Alanscottwalker (talk) 13:14, 6 July 2019 (UTC)
What an utterly disgraceful, offensive comment. Please leave your prejudices at the door. And drop the WP:NOTLAW red herring: It’s old and moldy and frankly patently false to anybody who takes an objective look at our processes, especially those before the Committee. The advice of an attorney (which WMF has and is absolutely using in producing this document) is invaluable in actually making this process fair and equitable. —/Mendaliv//Δ's/ 13:21, 6 July 2019 (UTC)
Mendaliv, Since your provocative emotional words are wholly unimpressive, as is your sense of proportion, and analysis, you could not be more wrong. Alanscottwalker (talk) 13:32, 6 July 2019 (UTC)
That sentence is completely devoid of meaning and coherence despite being syntactically correct. Are you okay? —/Mendaliv//Δ's/ 13:35, 6 July 2019 (UTC)
Emotional words: "utterly disgraceful, offensive", "prejudices" - none of those make sense, here, and are most unimpressive; your comments have lost all sense of proposition, as practically every other Arbcom case, says explicitly in agreement with policy and consensus, it is not a court nor quasi-court; your analysis requiring volunteers to lawyer-up is in a word, dumb. Your last comment asking about me personally, demonstrates your commenting is off-the-rails. Alanscottwalker (talk) 13:47, 6 July 2019 (UTC)
practically every other Arbcom case, says explicitly in agreement with policy and consensus, it is not a court nor quasi-court How interesting. Because there's precedent saying that the Committee isn't an adjudicative body, it's not an adjudicative body? your analysis requiring volunteers to lawyer-up I neither "required" it nor did I advise volunteers to "lawyer-up" (as though they're being interrogated by the police). I said the Committee needs a staff attorney to handle the legalities of disclosure and nondisclosure. If you don't think that's a legal matter requiring expert advice, I might have a few bridges for you to invest in. By the way, can you please try to compose yourself and write your comment out elsewhere before posting it? Your continuous revisions are causing constant edit conflicts. —/Mendaliv//Δ's/ 14:14, 6 July 2019 (UTC)
You might find "precedent" interesting, but who cares. What matters is that practically every other case in accordance with policy and consensus, says its not a court, nor quasi-court. It's just too bad, if you do not like consensus policy that has repeatedly been upheld. You can keep your bridge, because it's plain the attorney thing is a no go.-- Alanscottwalker (talk) 14:52, 6 July 2019 (UTC)
Please do not make assumptions about either the report or our thinking on it, and especially do not make demands of us that we reveal any aspects of the report. We are very limited in what we can say, but our intention is to keep the community informed. If people respond to what we say in an aggressive manner then that makes it more difficult to share. I have hatted the part of the above conversation that went too far. Here we are talking about moving forward with how to deal with incivility, hostility and harassment, and we start to see the sort of poor behaviour that leads to concerns about Wikipedia being a toxic community. Please do not speak here on this noticeboard in a tone or language that you would not use in a job interview. We all know how to behave, it's just that we think we can get away with it here. Well, let's stop that, eh? Criticise yes, but in a less aggressive manner. SilkTork (talk) 17:09, 6 July 2019 (UTC)
(ec) Ouch. I am uncomfortable with any process where the basis of the initial complaint cannot be conveyed to the accused party. Without the accused being able to determine whether the complaint is of a historical matter, or recent, on-going or any two of the three it would be difficult to provide evidence to indicate whether behaviour has changed or steps taken to elliviate the concerns. Fram has posted at the onset that he had complied with an iban, so it should be necessary to indicate whether the issue of complaint is subsequent, for instance. Ultimately, Fram has his own history to review and will be aware of which actions he has made that might be pertinent - nothing in the evidence should be new to him. I hope that if he cannot be given that opportunity, then any finding must make it clear that he was not provided with it and how much weight was then given to that evidence. LessHeard vanU (talk) 13:08, 6 July 2019 (UTC)
You actually tee up another issue: Failure to disclose details generally permits the community to reify Fram even if he is indeed dirty. As part of the Committee’s community protection mandate—and remember, you’re engaged in prospective protection not retrospective correction—it is necessary that if Fram is a harasser, stalker, etc. that people on-wiki be made aware so they can avoid him. A mere declaration that you think WMF’s analysis (whether or not it contains evidence) is sufficient to sanction Fram is not enough. Additionally, failure to disclose completely destroys any interpretive value of the decision. People need to know where the line is drawn. It may seem obvious to the arbs, but since they’re the people who decide where the line is drawn, it’s a little different. This is another failing of WP:NOTLAW etc.; the false claim that Committee decisions have no precidental value. While it’s true that we don’t have a stare decisis system, it’s also true that where a set of facts cause a particular outcome in one case, like facts will cause a like outcome in another case. This is also a function of the Committee’s community protection mandate. The excessive secrecy we seem to be approaching is not acceptable. —/Mendaliv//Δ's/ 13:30, 6 July 2019 (UTC)
I am uncomfortable with any process where the basis of the initial complaint cannot be conveyed to the accused party. Our intention is to investigate the conduct of Fram rather than review the T&S report. Advice on how to deal with the content of the report is useful, and will be taken on board, though what we mainly want help with is how to handle new evidence. SilkTork (talk) 17:25, 6 July 2019 (UTC)
I am grateful SilkTork for the clarification, and in return would suggest that Arbcom very carefully considers not passing over any interactions that may appear familiar from information received from elsewhere but rather look further into the totality of the exchanges (or lack of). LessHeard vanU (talk) 22:04, 6 July 2019 (UTC)
Am I right that this is what is sought? Is there anything else? Because I think that can be achieved with a modified case structure and keeping things mostly public... but there's no point in my posting my thoughts on how it might be achieved if I'm way off on what might be achieved. EdChem (talk) 03:49, 9 July 2019 (UTC)
Yes, that looks about right. Right here and now we are planning an ArbCom case on Fram. In order to do that we need evidence, and we need to analyse that evidence. Advice from the community on how to do that is what we are after. At a time yet to be decided there will be a RfC on matters related to WMF and to harassment on enwiki. But right now, it's an ArbCom case on Fram. SilkTork (talk) 06:52, 9 July 2019 (UTC)
SilkTork, thanks for that information. One issue that I would suggest working out in advance is exactly how Fram will participate in the case. He clearly needs to have an opportunity to reply to accusations against him. It would be difficult for him to do so on public case pages if he remains banned. If editors are posting on public case pages, but Fram's replies are not, it would get messy. To have him banned, but to have Arbs or clerks copying his replies to the case pages would be strange (superficially like proxying). --Tryptofish (talk) 17:40, 9 July 2019 (UTC)

Optional proceedings from MJL

In response to GorillaWarfare, SilkTork, company's request for some community input on how best to proceed, I've written this up. Here's how I would prefer to see things as a community member that's relatively new here:

Just ignore this bit
  • The motion should probably specify:
    • The scope of the case which is solely in relation to Fram's conduct as it relates to alleged harassment, hostility, and incivility;[2]
    • How the case proceedings will be held (suggestions below);
    • A reminder that the arbcom does not have jurisdiction over official actions of the Wikimedia Foundation or its staff,[5][6] that it has discretion to and may modify any of its procedures so long as it remains in its remit of duties, [7] and that it treats all communications sent to it as private;[8]
    • That the committee is opening the case a private hearing rather through traditional means;[9]
    • There will be case specific enforcement procedures as well as appeals or modifications.
How evidence could theoretically be handled
All statements and evidence (including diffs) are be submitted via the clerk or arbcom mailing list. Anything that does not immediately have to do with this case nor have relevance to Fram's conduct as it relates to harassment and civility should probably be filtered out. As that phase occurs for two weeks, the committee's members should be free to reply with any questions they have to the individual submitter without reference to any evidence they received from any other individual (ie just questions of clarification and no cross-examination). If this period needs to be extended, so be it.
After that phase ends, the committee could give Fram an equivalent amount of time for rebuttal (2 weeks by default and more if extended). This is where they would need to thread the needle carefully the most, so I would attach the most strings here.
My personal solution: Before the rebuttal phase begins the committee should actively vote on what evidence they offer to Fram (so called "primary evidence") with the caveat that any evidence not submitted to Fram for rebuttal can only be considered as "secondary evidence" (ie. not weighed as heavily).[10] Fram would of course be allowed to ask for clarification as to the nature of, and given able time to scrutinize, the evidence.
Finally, the committee should consider politely cross-examine any individual who lists themselves as a party in private about the nature of their primary evidence (the evidence that Fram had the chance to review).[11] If no one chooses to publicly list themselves as a party, then Fram gets the final word.

References

  1. ^ The motion in question: Wikipedia:Arbitration/Requests/Case/Eastern European mailing list#Motion to open a case
  2. ^ a b Examples of single party cases: Koavf, Nathanrdotcom, and Wikicology
  3. ^ See EEML for precedent
  4. ^ The prerequisite being that they have to be involved in some way. If you ask me: Requests and even possibly evidence from uninvolved participants should be ignored.
  5. ^ Wikipedia:Arbitration/Policy#Jurisdiction
  6. ^ This is just to make clear that Arbcom can and will not be reviewing the conduct of the Trust and Safety Team staff.
  7. ^ Wikipedia:Arbitration/Policy#Procedures and roles
  8. ^ Wikipedia:Arbitration/Policy#Transparency and confidentiality
  9. ^ An Example includes: Special:permalink/208888070#Arbitrators'_opinion_on_hearing_this_matter_(0/4/1/1) + [1]
  10. ^ Alternatively, the committee could offer up a description of the evidence to Fram with names, dates, and potentially other info redacted, or the committee could break the evidence down into (a) preliminary vs (b) discretionary. (A) To be considered preliminary, it must be shown to Fram with proper redactions as needed. (B) To be considered discretionary, it needs to have secondary vote to be withheld from Fram for X reason.
  11. ^ If going by the alternative option listed in the previous reference; this would include discretionary evidence even though it was unreviewed by Fram

Hey this isn't bad. I don't agree with all of it but it's not bad. Don't be so hard on yourself. —/Mendaliv//Δ's/ 19:47, 6 July 2019 (UTC)

Some good ideas there, thanks. More of this sort of thing folks. SilkTork (talk) 21:26, 6 July 2019 (UTC)

Recommended proceedings by Mendaliv

Going along with MJL's idea, I'm going to lay out my recommended structure for proceedings:

My summary of this concept: It's a standard case with a private evidence component and extensive protections given the sensitivity of some information and the fact that an absence of WMF influence needs to be ensured. Thank you for your consideration. —/Mendaliv//Δ's/ 21:19, 6 July 2019 (UTC)

Addendum: Much of this presumes that the Committee will permit the private submission of on-wiki evidence. I think that itself is being treated, probably improperly, as a foregone conclusion in the discussion above and elsewhere. If evidence is on-wiki, there should be a compelling reason to keep it private. —/Mendaliv//Δ's/ 21:28, 6 July 2019 (UTC)

A Suggestion by LessHeard vanU

This case is different from every Arbcom case that I am aware of in that the catalyst is an action by the Office that bypassed the EN:WP community processes. Therefore there is not the trail of requests, supporting and opposing diffs, and commentary designed to sway the Committee in accepting or declining the case. It has of necessity been decided to accept the case, and now we have a request on how we proceed - a case of Arbs making the Request of (potential) interested parties. My suggestion then is that the Clerk conducts a review of the (look, it has been a long time and I may not have known the name of the app back then) major parties who interacted with Fram over whatever time frame the Committee decides is pertinent and request by pm that those editors put forward such diffs and comments that support their view of the conduct of Fram with them. These responses would preferably be public, but the option of responding anonymously should be offered. Refusing/ignoring the request would not be made public - so editors running the same app will not know who responded privately or not at all. I also think that admins - those with the buttons at the time over which Fram's actions are being reviewed - should further be approached with an aim of how those sysops considered his actions (mop wielders being more familiar with the stresses of admin work and the effect upon communications). There needs to be a manner in which those who believe Fram to be an effective admin to provide examples and rationales as well as those who are less impressed with his work/conduct. LessHeard vanU (talk) 22:37, 6 July 2019 (UTC)

Hear, hear! I wonder whether the Committee could try to appease the Foundation by limiting evidence under consideration only to that of the prosecution. An analogous situation would be the questionable impartiality of judges and defense attorneys who must go to work with prosecutors -- many of whom have larger budgets than the public defenders and the judges combined -- every day, day-in and day-out, when they will never see most of their defendants again in their life. At least in this case, Fram can not be locked into solitary confinement. EllenCT (talk) 17:28, 7 July 2019 (UTC)
It is standard in a case to hear evidence (positive and negative) from interested parties, and for such evidence to be analysed and summarised. Your difference here is that we should single out individuals to give evidence. I understand the thinking, though I suspect that those who would have evidence are already aware of what is going on, and if they are not willing to come forward voluntarily with their evidence I'm not entirely sure that an email from ArbCom would make them change their mind; indeed, such an email might be considered to be undue pressure. SilkTork (talk) 07:06, 9 July 2019 (UTC)

Recommendations for the structure of proceedings from UninvitedCompany

  1. The evidence/workshop/pd mechanism has never worked well and is particularly burdensome for cases that attract widespread attention. I would recommend that you follow this customary mechanism, but require non-parties to obtain permission to participate before posting. Limit the number of contributors to whom this permission will be given.
  2. Emphasize the on-wiki evidence, as there is enough of it to warrant a response -- both in this case (IMO) and in harassment cases in general (in my experience). Build as strong a case as possible through FoFs supported entirely by diffs. The community is more accepting of private evidence when it makes an already strong case more egregious.
  3. Share any evidence that may exist that is off-wiki but public. Even if a confidential source brought it to the committee's attention, you should be able to share it.
  4. Ask the accused individual to share any emails they sent, offwiki posts they made, IRC logs, etc., that they believe may have been misunderstood or mischaracterized as harassment, along with any context they believe is exculpatory. Asking in a general way does not divulge any confidential source.
  5. Ask Smallbones and T&S to encourage their sources to get in touch with you. When sources contact you, clarify and negotiate what you will and will not disclose publicy (see below).
  6. Publicly summarize the nature of the confidential evidence as findings of fact. Your goals should be: a) to build public trust in the decision, b) to clarify by example what behavior is inappropriate, while c) leaving out details that would identify any one particular incident or reporter. While I have not seen the evidence in this case, it is usual for users with a pattern of harrassing offwiki behavior to have multiple, unrelated targets. Establish a general rule that any summary that could apply to three or more unrelated targets does not jeopardize the identity of a particular source, and make exceptions as necessary.
  7. In both your private analysis and public comments, emphasize the objective reasonableness of the behavior/communications of the accused, rather than the effect on the accusor.
  8. Establish and follow procedures to be sure that the confidential evidence is genuine, and summarize those procedures to build community trust. The precedent is important, since spoofed off-wiki material will be a problem in future cases once it is clear that it will result in sanctions.
  9. Revocations of adminship for particular periods of time (30 days, 90 days, etc) are effective sanctions that have been underutilized in the past. They may be used alone or in combination with a block (possibly of shorter duration). Admonishments make those who go to the trouble to bring a case question whether it was worthwhile, and probationary restrictions (interaction bans, topic bans, restrictions on particular actions) are divisive and difficult to enforce when applied to administrators.
  10. I would urge you to ask T&S to soften their confidentiality guarantee enough that they are better able to share evidence with selected members of the community in the future. The present formulation lacks balance.
  11. Take technical measures to keep confidential information secure. Arbcom mailing lists have a large attack surface and have been compromised in the past. It would be naive to think it will never happen again.

UninvitedCompany 17:35, 9 July 2019 (UTC)

Excellent ideas. Jehochman Talk 01:51, 10 July 2019 (UTC)
Good ideas here. However, I believe that it is important to apply the "reasonableness" test when assessing behaviour, which is used in harassment policies in Australia (and no doubt elsewhere). What would a reasonable person anticipate would be the reaction to the identified behaviour? Would it be reasonable to anticipate that the person subjected to the behaviour would feel offended, humiliated or intimidated by it? Peacemaker67 (click to talk to me) 03:57, 10 July 2019 (UTC)
I think it's important to have all the diffs out there. It is the only way the community can decide if what ArbCom did was fair. You might abbreviate the evidence period and so forth, but get everything in one place, including the edits of other editors. Opaque proceedings lead to arguments that the outcome was foreordained.--Wehwalt (talk) 08:45, 10 July 2019 (UTC)


Thanks everyone who's commented here! Your feedback has been really valuable, and I appreciate you taking the time to give it. We are still discussing how to move forward with opening the case, and will provide updates as we're able. For those who've asked, we are aware that Fram plans to be unavailable for the last two weeks of the month. GorillaWarfare (talk) 16:00, 13 July 2019 (UTC)

Echoing GW's thanks. We are still looking into how to conduct the case, while also dealing with appeals and other matters that come our way. Until the point we announce the case is open and the format we will use, we still welcome suggestions either here or sent by email (either to individual arbs or to the Committee as a whole). SilkTork (talk) 10:05, 15 July 2019 (UTC)

Procedure recommendations by North8000

It's inevitable that this case will need to be held fully in secret from "the public". Fram needs to sworn to secrecy and then be privy to the relevant parts of the case. There is no behavior that was "solvable" by a block that justifies a measure of not even telling the accused what they are accused of. Have an Abcom member post general updates on what's happening so that we don't have weeks of knowing zero. North8000 (talk) 17:26, 15 July 2019 (UTC)

Question for the Committee

Is the Committee of the view that at this point the responses from the Board, and various individuals have collectively satisfied the concerns raised by the Committee in your open letter of the 30th Ult.? I will qualify my question by acknowledging that there are a lot of ongoing discussions over the nuts and bolts. My query is intended to be in general terms "is the immediate crisis more or less over?" -Ad Orientem (talk) 22:15, 12 July 2019 (UTC)

I can't speak for anyone else, but I am of the opinion that we at least have a way forward on this particular issue (Fram). The question of how the WMF, the Arbitration Committee, and the rest of the community will balance dealing with these kinds of issues in the future is still somewhat open in my mind, but the WMF has indicated they will not continue to make actions like this for now at least. GorillaWarfare (talk) 15:49, 13 July 2019 (UTC)
Similar to GW, also speaking just for myself. My concerns are not completely satisfied regarding Fram as there is still the question of what happens if ArbCom decide to unban Fram. T&S have not been clear on that point, though Jimbo has said he will back whatever decision the Committee makes. There may be a tussle, there may not. However, T&S have supplied us with their redacted report on Fram, which is a starting point. And there are aspects of the report that I find shows T&S understanding the nuances of Wikipedia's civility issues. So I am moderately optimistic. I think damage has been done to the relationship between enwiki/ArbCom and T&S that will take a while to heal, but I feel it will heal, and we should all take steps to ensure it heals and to help build a stronger, more open, and more egalitarian relationship moving forward. But building that relationship is a separate issue from dealing with Fram. As is the question of how we all deal with toxicity/harassment/civility moving forward. But it's all related. Behind all this "crisis" there are well meaning people. A lot of the anger and frustration appears to be generated because of lack of or poor communication. As a first step toward improving communication, we should all assume good faith, and also accept that even well meaning people can a) make mistakes and b) sometimes get emotional and say or do things they shouldn't. Clearly if a and/or b happens too often, then there is a serious issue, but providing lessons are learned, apologies issued, and steps taken to ensure it doesn't happen again, then we can all move on. SilkTork (talk) 09:57, 15 July 2019 (UTC)
And a third opinion... I personally believe the "crisis" is over. However, as GW and SilkTork both rightly point out, the repercussions of the crisis will be felt for a long time to come.
  • On the actual Fram ban, T&S has provided us with a hefty document, in much more detail than I had expected and as SilkTork states, it includes a good understanding of the nuances of Wikipedia's discussions and issues. It's clear that T&S has had far more reports on the subject than I would have expected and although I do not know the reporters, this idea of a "single complainant", or even just two or three, is misleading. The committee is working on how to handle a case, we've got some suggestions above which are helpful, but this isn't an easy task.
  • There's a framing of the debate regarding reporting of harassment which we simply do not have an answer to as a community at the moment, and some sort of discussion and decision on how to handle those sorts of cases going forward will need to happen.
  • SilkTork alludes to the damage of the relationship between T&S and the committee, and I'm definitely feeling that too. We'll have to see what happens there.
  • Finally, there's the question of WMF's actions going forward. Even if this is all cleared up, T&S has made it clear what direction they are hoping to head in - there appears to be an intent of course correction of some of the community's social norms. I'm not sure that's necessarily a bad thing, but we also need to do it the right way, with proper community engagement.
I hope that helps answer your question Ad Orientem. WormTT(talk) 10:30, 15 July 2019 (UTC)
Thanks are due to the committee for these informative replies. A big case file does not surprise me. If I were Jan I would have used the ample time between the beginning of the crisis and the board statement to beef up my case on Fram in whatever way I could. But maybe it's clear in some way that the file you have already existed as is in early June?
Fram has already been blocked for more than a month now. Between the summer holidays and the time to actually run the case we are presumably looking at something like three months of time served - a hefty penalty by our standards even if there is no further sentence. It would be surprising if T&S objected to that outcome. Haukur (talk) 10:59, 15 July 2019 (UTC)
Haukur, it's taken a big battle to get this under ArbCom's control, and you have no idea what the evidence is. So how about we leave the decision entirely to them without bogging them down with uninformed recommendations? Boing! said Zebedee (talk) 13:40, 15 July 2019 (UTC)
I'll also add that I think making allegations that Jan would have been beefing up the case in whatever way he could is exactly the kind of bad faith that we could really do without right now. Boing! said Zebedee (talk) 16:30, 15 July 2019 (UTC)
I'm a bit surprised by your replies - I probably should have taken more care in phrasing my previous comment. To clear things up: a) I didn't mean to make any recommendations at all to ArbCom, b) I didn't mean to make any "allegations" against Jan. He was asked to deliver a report on Fram to ArbCom and why wouldn't he make that as comprehensive and polished as possible? Especially since he could have seen that coming as a likely outcome for some weeks before it happened. That's what I would have tried to do in his shoes. Haukur (talk) 16:46, 15 July 2019 (UTC)
Somebody with a good memory or the patience to go through the records may know of one, but I don't think ArbCom have handed out a site ban of less than six months. If I feel after conducting our own case, that there is sufficient evidence that Fram has persistently and maliciously hounded people out of proportion to whatever problems they were causing, then I would be supporting a one year ban. If I feel that Fram has only spoken to genuinely problematic users who refused to acknowledge they were causing a problem, and in so doing Fram went overboard with their attitude and/or language then I would be looking at a solution to prevent that happening again, but not looking for a site ban. I personally have a particular concern regarding Fram using the admin tool to edit an ArbCom page through full protection to revert an edit made by a sitting arb: [3]. I understand that Fram thought the arb's edit was incorrect because the page was locked for everyone, but the appropriate response would have been to raise a query with the clerks and/or with the arb in question. I wouldn't be looking for a site ban or a desysopp for that single incident, but I do find it suggestive of an attitude that is unnecessarily aggressive, confrontational, and not collegial. Anyway, while not ruling anything out, I think it unlikely that I would suggest or support a 3 month ban. SilkTork (talk) 13:52, 15 July 2019 (UTC)
If we're now materially discussing the case and presenting evidence then I'd like to say that I think the diff you brought up is defensible and in some ways reflects well on Fram. He has been accused of striking the vulnerable but here he is insisting that ArbCom play by its own rules. It's healthy that someone is willing to hold the powerful to account and we've lost something precious if we give out heavy penalties for that. Haukur (talk) 17:06, 15 July 2019 (UTC)
@Haukur: I'll note that we're probably not materially discussing the case nor presenting evidence, but I can't help to point out how odd I find your hottake here. That'd be like if I closed a conversation on my talk page with ((atopy)), edited my own comments for grammar, and then another user reverting me saying That discussion is closed, and you aren't supposed to modify it. MJLTalk 06:30, 16 July 2019 (UTC)
In response to that, Arbcom has in recent years (and by recent, I mean probably the last decade) stopped giving out time-limited bans, instead moving towards indefinite bans, with a minimum appeal period. These are then lifted gradually, with restrictions based on the actions of the individual and their request to return. I happen to agree with that way of doing things, so I don't expect I would agree to any fixed term to a ban. General outcomes for an individual in these circumstances would be unban without conditions (possibly with a remark to time served), unban with restrictions or indefinite ban. Obviously, I'd need to actually evaluate the evidence to know which of these would be the right outcome. WormTT(talk) 14:32, 15 July 2019 (UTC)
Just as a historical note, we did try out a fixed-term ban last year, which seems to have worked out OK. Of course single data points are hard to draw conclusions from. Opabinia regalis (talk) 16:52, 15 July 2019 (UTC)
Opabinia regalis, Jeez, you lot do a case while I take a break, and look what happens... WormTT(talk) 07:18, 16 July 2019 (UTC)

I have to say that every material post that ArbCom, and ArbCom members have made since their seminal note to the WMF, gives me confidence that they are fully engaged in this, and thinking through the nuances and implications around it. I'm am optimistic that real progress is being made by ArbCom; can't ask for more. Britishfinance (talk) 15:02, 15 July 2019 (UTC)

Will Fram be informed as to what behaviour if any they need to change?

Apparently even Fram doesn't know why they were banned, and therefore what they should do differently if they return at the end of the ban. If we think of these bans pragmatically rather than in terms of fairness, then it isn't essential for someone with a permanent global ban to know exactly why they were globally banned. If we don't ever want them back there is even a perverse incentive to be unclear as to the specific ban reason, as not tipping them off as to what you are watching out for might make it easier to spot them returning via sockpuppets. But if Fram is given a fixed term suspension, or indeed an indefinite one, then it is essential that at least Fram knows what not to do when and if they return to editing. If it is a rule or code that the EN wikipedia community had not previously been enforcing then it would be helpful if we all knew what the new rules were.

I'm assuming the answer to this will be yes, as Arbcom are unlikely to make the same mistake as T&S. But I thought it worth asking as it highlights a key difference between the respective approaches of T&S and this community. I'd also point out that a potential response from Arbcom would be to announce whatever new rule or tighter interpretation of a rule that the WMF has decided to make Fram an example of. Make sure the community knows what the new standard is and grant Fram and everyone else a pardon for any past breaches of the new standard. ϢereSpielChequers 16:35, 15 July 2019 (UTC)

If we think of these bans pragmatically rather than in terms of fairness, then it isn't essential for someone with a permanent global ban to know exactly why they were globally banned. Amen. This mirrors one of the key points of Justice Holmes' prediction theory of law. We (collectively and individually) need to know where (as Holmes put it) "the axe will fall". This is especially true if we think of our sanctions as preventive rather than punitive: What better preventive measure is there than pointing out the situations and behaviors when action will take place? Think of it like putting a warning label on a piece of heavy equipment: "Crush zone"—that is, don't put your fingers there, or they'll get crushed. That doesn't mean we need "warning labels" to point out the principles of basic human decency, but it does mean that it's a good idea to explain why we're taking action. —/Mendaliv//Δ's/ 17:50, 15 July 2019 (UTC)
We are still working on the details of how to conduct the case, how to gather and analyse evidence, how to seek clarification and context from witnesses, and how to involve Fram, while allowing those involved the privacy and safety they would need in order to feel confident in talking to ArbCom (particularly after the speculation that occured on the WP:Fram page in which the private lives of two individuals were exposed and negatively discussed which will have had a chilling effect on others coming forward - emotions were running high, true, but we should make certain that we never allow such behaviour to occur again, as it has real life consequences for the people involved, and a damaging impact on Wikipedia moving forward). Anyway, as this will be an ArbCom case, there should be principles published from which lessons can be learned for everyone, not just Fram. We haven't started collecting evidence yet, so I don't know what those lessons will be, but I think we can all assume that they will be in the area of civility, and in identifying that blurry line between appropriate and inappropriate ways of raising and of dealing with concerns. ArbCom, though, can only refer to and utilise existing policies and guidelines, so I don't see us making new rules, just underscoring those we already have. It would be helpful if Wikipedia had a bright line, like 3RR, for civility, as that would be useful to everyone. SilkTork (talk) 10:29, 16 July 2019 (UTC)
Agreeing with SilkTork about the general content of an ArbCom decision, and as they say we are still composing the systems to conduct a Fram case. I would add this much: ArbCom is a body of volunteers, elected with the job of issuing a binding decision upon other users. Being composed of the users we are "judging" makes it difficult to treat them unfairly. One infamous exception was in 2012: an arbitrator decided someone had "never been a Wikipedian". Such other-ing is thankfully rare.
Do we know what findings we will reach? Not yet. Matters that can be prejudged are rarely complex enough to come before ArbCom. Do we know what remedies we will issue? Not until the facts are established to our satisfaction. So do we know how much educating of Fram we will try engaging in? It is impossible for any committee member to say so. But I certainly agree that Fram should not feel blindsided and bewildered. Fram may not agree with the decision we will issue in the weeks ahead, but I expect through ArbCom's conduct that Fram will at least understand them. I would add that in my limited dealings with Fram, I have gotten the sense that they struggle even to understand the other side's point. Hopefully that characteristic is left at the door during this process. AGK ■ 10:55, 16 July 2019 (UTC)
Your openness to dialogue here is much appreciated but by materially discussing the matter in this way and musing about putative negative characteristics of Fram you are giving a most unfortunate impression of prejudging the case. Fram is banned from replying but if you want to see a recent example of him accepting criticism and learning from a mistake here is one:
But no, as the block (and/or the block length) clearly doesn't have consensus, and I should have opted for either a warning or a short block instead. While some of the criticism above is unjustified ... that doesn't mean that I can simply ignore all of it. While there is a lot of freedom for admins in how to treat violations, it doesn't mean that we can do whatever we please, and if it turns out that some block was at odds with what most admins or editors would expect, then I should learn from it.
This is from an ANI thread on January 31, 2019. Haukur (talk) 11:36, 16 July 2019 (UTC)
Haukurth, every arbitrator is well aware of what's happened over the past month, and have seen the file passed from T&S. Pragmatically, we have to accept that these are extraordinary circumstances - we cannot come into this matter with completely fresh eyes. That said, I believe the committee members are able to weigh up the evidence put forward (once decide on how that's going to happen) and produce a decision based upon that.
As for Fram accepting criticism, he made a comment before the first T&S warning at an Arbcom case request last year suggesting introspection, which I remember distinctly because I was the one who called for introspection three edits earlier. One of the questions I hope to have answered in any case is what steps Fram has taken to change his approaches and if there's any evidence of that. Of course, I'll make that clearer once we start accepting evidence. WormTT(talk) 11:58, 16 July 2019 (UTC)
The speculation on WP:FRAM was directly caused by the secrecy. If you want this behaviour to never occur again, you must make sure that further bans or other surprise decisions have their reasons clearly communicated. You will have to choose between openness and inviting speculation. To protect people, please choose differently from what T&S did when they started this whole affair. —Kusma (t·c) 11:56, 16 July 2019 (UTC)
Kusma, There were certainly failings on T&S's handling of the situation, but I don't think they shoulder the whole blame. There has been a culture in response to this ban of "Find the Victim so we can blame them", and an assumption that this is one or two reports combined with a lack of knowledge of the community norms. As I said above, the document is hefty, nuanced and there appears to have been a significant number of reports. Building a conspiracy theory around one potential involved party and then speculating on their personal lives, on and off wiki, passing this to the press and so on... well, I expect better of this community. WormTT(talk) 12:06, 16 July 2019 (UTC)
Agreed with Kusma. - Dank (push to talk) 12:45, 16 July 2019 (UTC)
I also stand with Kusma. As for the two vanished users, see Streisand effect. The circumstances of each was remarkable, and remarks followed.--Wehwalt (talk) 12:47, 16 July 2019 (UTC)
Worm That Turned, fair enough. I don't really care who is to blame, I would like to ask you to make sure your ruling is comprehensible and makes it clear which rules (if any) were violated. Personally, I am still confused what the Fram ban tells me about how I should approach prolific good-faith volunteers whose competence isn't quite up to the task they have chosen to volunteer for. Many of the cases where I am aware of conflicts with Fram are of this type. The not so competent volunteer often feels that the admin checking on their edits is their personal opponent. This kind of situations is difficult to handle in a way that both protects the quality of the encyclopaedia and the dignity of the contributor. Very often they give up and leave after a while, or the conflict escalates or gets even more personalised and they end up blocked. My own actions have contributed to several people leaving. Does the Fram ban tell me I have been adminning wrong? —Kusma (t·c) 13:10, 16 July 2019 (UTC)
Kusma, I think that question is a very diplomatic version of the concerns a large portion of the administrative community have, and this is where I believe T&S has failed. It's also a gap where I think the committee can step in - I feel strongly that any decision needs to be public, explain our thinking based on the information we have seen and what learnings that Fram and the wider community can take. That's irrespective of the remedies that may be applied.
On what sort of factors that might be looked at, there is a difference between say checking edits and monitoring edits over a sustained period (days? months? years?). There's a difference between highlighting concerns to the community processes, and sensationalising those concerns. Escalation speeds might be a factor. And that's before things like tone come into effect. The litmus test should be what a reasonable outside observer would believe is disproportionate attention. WormTT(talk) 13:38, 16 July 2019 (UTC)
What Kusma diplomatically explained above is exactly what I've felt each of the three times I wrote a featured article. You put effort into writing something, and then somebody comes along and tells you in shockingly voluminous and specific detail why your article is trash. This feels terrible, but if you get over it and ask questions, you find that the person is ready to help you make it better (almost always). I feel like there are situations where conflicts erupt where both sides are acting in good faith. I don't think the answer is to ban somebody. They might need coaching instead. Jehochman Talk 13:55, 16 July 2019 (UTC)
Jehochman, Coaching? Who would take on such a task? What repercussions would there be if the coaching was rejected? How would you define success? Back in the day I was known to be one of the project's foremost mentors, and coached a large number of individuals, offering to help new and old alike, troubled and confused. Unless the individual is looking for change, then coaching won't help and if the individual is looking for change, then coaching may be redundant. WormTT(talk) 14:05, 16 July 2019 (UTC)
Let's say an admin is being too enthusiastic about enforcing Wikipedia's quality guidelines, and ends up making an editor feel harassed. If that editor complains, support can come in two forms. First, other people should start monitoring the editor to avoid personalizing the dispute. Maybe somebody else can help that editor without making them feel harassed. Second, the admin could be offered coaching to help them avoid getting into trouble for harassment. We can keep a list of people willing to offer coaching. Hopefully we can do a better job stopping problems before somebody has to be banned. Jehochman Talk 15:30, 16 July 2019 (UTC)
There is a lot of merit in this, and I like this approach. I will say, though, that I have been a mentor (or coach), and it is not value for money. It can be time consuming, draining, and largely ineffective. I prefer putting solutions in place which allow a user to independently guide themselves toward appropriate behaviour. Interaction bans are an example of such a solution. The user/admin doesn't need to be coached or advised not to post to User:Foo's talkpage, they are aware themselves they must not do so, and acquire self control, a skill which they can transfer to other situations. SilkTork (talk) 22:23, 17 July 2019 (UTC)
Clarity on the reason seems a key suggestion both for Fram & the communities benefit. Im keeping an open mind and will accept whatever the Arbs report after they review the evidence. But I just can't see Fram being the sort to Harass in the more egregious sense of the word. His incivility to the Arbs seems mostly a red herring, Ive never known him use abusive language except when he's punching up. I suspect some of the prolific content creators Fram looked at experienced his attention as harassment because it was too intense & sustained. If this is correct, then a problem at the heart of Framgate might be a miss-alignment between the WMF's definition of Harassment, and ours , which says it's specifically not harassment to track "a user's contributions for policy violations". If that's the case, then hopefully Fram can be released from him sanctions. And before acting against other editors for such a "violation", the WMF could either make their Harassment definition more explicit (in which case, at least IMO, it would be fine for it to take precedence), or work with us to change the communities', so we no longer exclude sustained tracking in our policy. Care would be needed so the quality control crew don't feel discouraged, and also that we don't create a situation where good quality creators find themselves being witch hunted by a whole pack of editors seeking out tiny mistakes, which would likely feel far worse even than excessive scrutiny from someone like Fram. FeydHuxtable (talk) 11:30, 19 July 2019 (UTC)

Motion: Discretionary Sanctions: Awareness and alerts

Original announcement
What does the success or non-success of an appeal have to do with awareness of a DS? Surely the very existence of a sanction within the area of conflict should be sufficient to show awareness of the DS, whatever the outcome? Beyond My Ken (talk) 22:08, 16 July 2019 (UTC)
  • Would you say that you should be aware of an area that you had been sanctioned in, appealed successful, moved away from and then not edited for 5 years? Sanctions in the area are likely to have changed over that period. DS has been around a long time now, and this is a plausible scenario. WormTT(talk) 22:18, 16 July 2019 (UTC)
    • I think that's a plausible scenario, and a set time period is a reasonable thing to have, but I still don't see where that fits into the language above. Beyond My Ken (talk) 23:14, 16 July 2019 (UTC)
      • To address both of your concerns, perhaps "(and at least one of such sanctions has not been successfully appealed)" should be replaced with something like "and the relevant DS have not changed since the sanction was imposed"? Peacemaker67 (click to talk to me) 06:45, 17 July 2019 (UTC)
        Peacemaker67, I'm not seeing the need. While an individual has an active sanction in an area, it's reasonable to assume they are aware of DS in the area, no matter how long ago the sanction was set. When the individual has no sanction, even if they've had them in the past, then they follow the other rules for awareness (which all default to 12 months). WormTT(talk) 11:52, 17 July 2019 (UTC)
        OK, that's fair enough, but if they have successfully appealed, surely they still know the sanctions exist? I'm not clear what scenario you are looking at here? Peacemaker67 (click to talk to me) 23:16, 17 July 2019 (UTC)
        Peacemaker67 & Pppery, I believe the thinking was that if you have an active sanction, you're expected to remain aware of the topic area, but if your sanction is appealed then there is no such requirement. This was pretty consistent throughout the 2013 review of DS where awareness was brought forth. AGK and Roger Davies led that review, they may have more comments on why it was decided that way. WormTT(talk) 09:39, 18 July 2019 (UTC)
        You've completely failed to answer my question, Why is it any more likely for a user who successfully appealed their sanctions to forget about DS than one whose sanctions expired? (who, per the rules, is perpetually aware) * Pppery * it has begun... 14:10, 18 July 2019 (UTC)
        Pppery, I believe the thinking was that if you have an active sanction, you're expected to remain aware of the topic area, but if your sanction is appealed then there is no such requirement. seems to be an answer to that question. It's not so much about "forgetting about DS", but keeping up to date with the DS and the area - making sure you are aware that there has been no changes in the DS in the area and so on. A user without active sanctions has no need to follow what's going on, a user with active sanctions probably should. At least that's my take - There was a year of discussion (which I linked to) for you to peruse at your leisure. WormTT(talk) 14:23, 18 July 2019 (UTC)
        The provision was added as a safety valve. It was thought right to treat users who successfully appealed as having never been sanctioned at all, including in relation to their "Awareness" for the purpose of administering DS. I recall that the provision was specifically designed to prevent the unjust eventuality of a user being sanctioned so as to make them perpetually "Aware" and subject to the concomitant disadvantages. Remember, when the review took place there was a significant stigma associated with the entire DS system: some of its admins were regarded as high-handed and capricious. I rather think that Pppery's question (Why does being sanctioned affect awareness?) misses the point: nobody said it does, but the system deliberately grants them a full excusal with a broader end in mind. To this day it remains, in my view, the right position: imagine appealing a sanction and, years later, being hit with another without an updated alert first being issued. AGK ■ 21:21, 18 July 2019 (UTC)
        Worm That Turned I think Pppery has something of a point; it turns on the word "active" in what you quoted. According to the awareness requirements currently, someone who was blocked for 24 hours for a 1RR violation, or even (arguably) someone who was issued a logged warning at AE, is considered perpetually "aware" of DS in the area. It is clear to me that someone with an active sanction can be expected to keep up to date with the DS regime in place; someone with a sanction that expired years ago, not so much. Yet the current wording considers them equally "aware". GoldenRing (talk) 12:01, 19 July 2019 (UTC)
        GoldenRing, Ah, got you. Pppery, apologies, I completely missed the point you were trying to make, and yes, I agree, there is a problem with that. I'm curious, does anyone know of a situation where this has been exploited? Has anyone ever been sanctioned as "aware", while the only criteria they have for awareness is an expired sanction? At any rate, as much as I am loathed to suggest bringing DS back to ARCA again.. that's probably the best place for this discussion. WormTT(talk) 12:09, 19 July 2019 (UTC)
        I'm not aware of this ever happening while I've been at AE, but it's not that likely I'd remember it. GoldenRing (talk) 12:47, 19 July 2019 (UTC)
    Why is it any more likely for a user who successfully appealed their sanctions to forget about DS than one whose sanctions expired (who, per the rules, is perpetually aware). * Pppery * it has begun... 23:23, 17 July 2019 (UTC)
If they have no template on their talkpage they may be given an alert. The template is there for the benefit of those users who do not wish to receive an alert, and is intended to prevent the creation of extra work for the person placing the alert - like having to check page history for the past 12 months. SilkTork (talk) 06:23, 21 July 2019 (UTC)
You do see the potential loophole, right? ~Awilley (talk) 12:18, 21 July 2019 (UTC)
@SilkTork: so if I want to sanction someone, I need to make sure that either they have had an alert, or have added the new talkpage template, or have added it AND removed it, right? Removing it doesn't mean that somehow they had amnesia, does it? Doug Weller talk 14:53, 21 July 2019 (UTC)
If you try to insert a DS alert on the talkpage of a user that has already had one - even if it's been removed - the software tells you that. Black Kite (talk) 14:58, 21 July 2019 (UTC)
The intention was to prevent users from being alerted who didn't want/need to be alerted, while at the same time requiring no extra work from anyone who wanted to put an alert on someone's talkpage. If there is a problem with it in practise, we can look at it then. There is sometimes some unforeseen teething problems, which is why in this case I asked for the template to be created before the Committee signed off on it, in order to minimise any such teething problems. I think we can trial this and see what happens. SilkTork (talk) 15:24, 21 July 2019 (UTC)
@Black Kite: I wasn't sure if DSAware worked the same as the DS alerts, but I think you are saying it does, which is good. Doug Weller talk 08:19, 23 July 2019 (UTC)

WMF temporary bans

I noticed Wikipedia:Village pump (policy)#Announcement of forthcoming temporary and partial ban tool consultation at the Village Pump, in which WMF appear to be going ahead with the implementation of their partial bans via a community consultation - and which seems quite rushed to me, seeing as the Fram case hasn't completed yet. My understanding from the Fram case was that these bans were on hold, and that any new way forward would be developed in partnership with ArbCom. It does make it sound, to me, like WMF are planning to take over some aspect of community management after all and are not going to honour community autonomy, even after the fine words from Jimmy and the board. Is ArbCom a part of this? Has ArbCom been consulted? Has ArbCom been part of any timescale discussion? Or are WMF just carrying on with it under their own sole initiative, albeit with some community consultation? What do you think of this development? Boing! said Zebedee (talk) 17:37, 15 July 2019 (UTC)

I was thinking along the same lines. I was thinking that in time the community would hold an RfC as a precursor to developing an acceptable situation (policy) where the WMF could step in and help us. I figured once we had developed something concrete that Arbcom would present some sort of "consultation" plan to them. It seem I've been looking at it backwards. It appears that the WMF has indeed declared ownership over all wiki related sites. Interesting, but I do wonder about the quality of article writing to come. — Ched :  ?  — 06:04, 16 July 2019 (UTC)
Yes, we knew this was in the works - not the exact timeline, but this is about what I figured given time constraints on the WMF's end like Wikimania coming up. This is for the draft, the "real" consultation starts in September. I think this is a positive step - after all, it's not a foregone conclusion; one possible answer to the question of partial ban use is "this is not an appropriate tool for projects with mature local dispute resolution processes". Until recently, the description of partial bans said Partial Foundation bans help safeguard constructive contributions to and growth of smaller, technical, and/or emerging communities.
Separately, arbcom does have plans for an RfC on improvements to those local processes, but I think there's not a timeline for that yet. Opabinia regalis (talk) 06:28, 16 July 2019 (UTC)
Repeating here what I said there: T & S staff may have done a poor job or a good job with Fram; since the facts are still veiled in secrecy, the en-wiki community has no way of evaluating the question. So, if the WMF is asking for my opinion on whether they should do more of what they did in the Fram case: no, not until the Arbcom case has been resolved and I can judge the facts for myself. I don't see how any other answer is possible, and I'm surprised that they don't get that. - Dank (push to talk) 14:01, 16 July 2019 (UTC)
Yes, we knew this was in the works But why there was no relation of this to the community once you were aware? I’m growing increasingly concerned about the level and nature of the ex parte communications between the Committee and WMF. It is the Committee’s duty to avoid not only impropriety but the appearance of impropriety, and the level of unjustifiable ex parte communication with WMF, which is functioning very much as a prosecutor in the Fram case, is the pinnacle of an appearance of impropriety. Please direct WMF to cease these contacts with the Committee except where absolutely necessary to transfer confidential evidence. —/Mendaliv//Δ's/ 22:24, 16 July 2019 (UTC)
No one needed any ex parte communication to know preparation for consultation was in the works, the provision to prepare for consultation was in the various announcements weeks ago. Alanscottwalker (talk) 14:30, 24 July 2019 (UTC)
Thank you for your input. Are you saying that WMF are not currently and have not during this case been communicating with the Committee either through its listservs or individually? —/Mendaliv//Δ's/ 15:03, 24 July 2019 (UTC)
What? It has for many years been publicly known that the committee is in contact regularly with the WMF in private settings. There is no reason to think publicly known long-term practice is not followed. -- Alanscottwalker (talk) 15:10, 24 July 2019 (UTC)
Thank you. I am saying that such communication during this case, given the quasi-party status of the WMF, is improper ex parte communication. —/Mendaliv//Δ's/ 15:12, 24 July 2019 (UTC)
So, then all their communications with everyone in this case and in every other case, when done according to their public mandate to handle things privately, including communications with Fram, is "ex parte". Indeed everyone of the hundreds of e-mails they get is ex parte. Alanscottwalker (talk) 15:41, 24 July 2019 (UTC)
No. Ex parte communications aren’t ex parte when the other party is informed of their contents promptly. There are unusual circumstances where they can be appropriate otherwise. In any event, because WMF are a quasi-party here (i.e., is acting in a prosecutorial function) they should not be secretly communicating with the Committee. —/Mendaliv//Δ's/ 15:45, 24 July 2019 (UTC)
Everyone privately communicates with the committee all the time, that's why they have e-mail. If you wish to act in "defense", please e-mail them. -Alanscottwalker (talk) 15:51, 24 July 2019 (UTC)
I would recommend reading what I wrote again. I don’t care about “everybody”. I care about certain parties that have the potential for exacting undue influence over the Committee. This is why rules against ex parte communications exist. If there are prompt disclosures of WMF communications to the Committee going forward, email may be appropriate. Again, I recommend reading what I wrote, and perhaps doing some outside reading about why ex parte communications are bad. I really don’t intend to participate in this case, and certainly not on the defense. —/Mendaliv//Δ's/ 15:56, 24 July 2019 (UTC)
No. Am I being to subtle, for you to hear? Ex parte a completely irrelevant concept here. The committee is not a court. It runs its private proceedings not as a court, at all, it runs them by e-mail and other private channels, you send them an email, and you can communicate with them about the case, too. Only someone who assumes bad faith can argue undue influence from anyone who communicates about this case with the committee. Alanscottwalker (talk) 16:09, 24 July 2019 (UTC)

Please try to understand that the Committee’s status as a non-court do not render its tasks non-adjudicative. Ex parte communications are bad regardless of what you call an adjudicative body. And please try to follow along, I am not talking about average Joes emailing the Committee, which may be proper. I am talking about a quasiparty—the Foundation—whispering in its ear as it decides a case they have already determined the “right outcome” for. This is improper. If there were any attorneys on the Committee I would warn them that this may be unprofessional and expose them to disciplinary action given the Committee is supposed to be an impartial, fair adjudicative body. And the idea that both parties can engage in improper ex parte communications does not fix anything—particularly here, given the WMF can just look at the listserv it hosts and see what’s being written. —/Mendaliv//Δ's/ 16:17, 24 July 2019 (UTC)

Please try to follow along? Come on. It you who is not following. There is no reason whatsoever, unless you have a complete assumption of bad faith that the private communications of the committee are anything but handled appropriately. Without bad faith assumption there is no reason to think any committee member, will be "unduly" swayed by anyone, so called, whispering in their ear. They will read/listen to the communications, ask questions when they have them, and decide fairly within their privacy mandate -- they are elected to do just that and thus entrusted to do just that. Alanscottwalker (talk) 16:31, 24 July 2019 (UTC)
Why should they have bad faith to do those things? I'm sure those at WMF believe they're doing the right thing by trying to convince ArbCom that Fram deserves to be banned. They certainly believed they were doing the right thing when they banned him in the first place. I doubt many of them think letting ArbCom decide is the right thing either. And that's even if we're talking about intentionally exerting undue influence on the Committee. Alan, you're out of your depth here. You really need to read about these things before you comment on them. —/Mendaliv//Δ's/ 16:42, 24 July 2019 (UTC)
You have no idea what I read. Such asides as that are silly. Did you not understand: 1) It is assumption of bad faith against the committee that they are unable to judge whatever communications they get appropriately. 2) There is no reason to assume the ctte members are anything but able to question and judge what the WMF says properly; 4) Unless you are also positing that the committee's communications with Fram are "undue" influence, then your claims regarding the WMF don't follow; 5) Similarly with everyone else that communicates with the committee about the case. But the committee is entrusted do what's right in private and there is no reason to assume they won't, no matter what anyone says to them. Alanscottwalker (talk) 17:19, 24 July 2019 (UTC)
(edit conflict) You have no idea what I read. I can infer what you've not read by your comments, in which you keep repeating things that make little or no sense, like this "bad faith" aside. 1) It is assumption [sic] of bad faith against the committee that they are unable to judge whatever communications they get appropriately. Why would incompetence be bad faith? Or for that matter, why would it be "bad faith" if they're doing what they think is right, even if the process is inherently unfair? That's the catch-22 of "assuming good faith", and why it's never enough. 3) There is no reason to assume the ctte [sic] members are anything but able to question and judge what the WMF says properly; Non sequitur: The fact is that the closeness is inherently unfair, unreasonable, and corrosive to impartiality. 4) Unless you also positing that the committee's communications with Fram are "undue" influence, then your claims regarding the WMF don't follow WMF are in a special position and there is an imbalance of power. But, yes, I do agree that Fram's communications to the Committee should also be made open. 5) Similarly with everyone else that communicates with the committee about the case. I have no problem with all statements being made public. But most of all, WMF's, because of the imbalance of power present. They are like a public prosecutor's office in this adjudication and the closeness they share and have long shared with the Committee is dangerous here. But the committee entrusted [sic] do what's right and there is no reason to assume they won't, no matter what anyone says to them. The same for judges. In fact, far, far more so. But we don't trust them with ex parte communications either. Considering a person's reputation and years of work building that reputation are at stake in this adjudication, I would expect some semblance of fairness and impartiality. —/Mendaliv//Δ's/ 17:26, 24 July 2019 (UTC)
"Why would incompetence be bad faith?" Because you are assuming they are incompetent. "Why would it be "bad faith" if they're doing what they think is right, even if the process is inherently unfair?" Because you assume they won't handle things fairly within the process they are entrusted to apply, and that the process they choose is unfair. This is not a court. So, your prosecutor claims are just nonsense. All anyone is deciding is whether someone should be restricted or not in using a website. Of course, the committee should say as little as possible that could effect anyone's reputation for such a thing as website participation. Discretion is what's called for and the committee are entrusted to use it wisely and fairly, and will, we assume. -- Alanscottwalker (talk) 17:47, 24 July 2019 (UTC)
Because you are assuming they are incompetent. That isn't an assumption of bad faith. Because you assume they won't handle things fairly within the process they are entrusted to apply, and that the process they choose is unfair. That isn't an assumption of bad faith either. Of course, the committee should say as little as possible that could effect [sic] anyone's reputation for such a thing as website participation. I can't comprehend what you're trying to say here. —/Mendaliv//Δ's/ 18:24, 24 July 2019 (UTC)
You don't understand that all that is being decided is website participation. Well, that, perhaps, explains much of this foolish out-of-place legalese in your comments. As for the rest, your claims plainly come down to not trusting that the committee members are capable and willing to appropriately do their mandated task on private matters -- that is assumption of bad faith. Alanscottwalker (talk) 18:40, 24 July 2019 (UTC)

foolish out-of-place legalese Can you drop the personal attacks? I've been respectful up til now. I don't intend to engage further with someone who is going to peddle ignorance as something profound and falsely accuse me of making assumptions of bad faith. —/Mendaliv//Δ's/ 18:45, 24 July 2019 (UTC)

I have been more respectful than you have been all along with your asides, including now. As for your legalese being foolish and out-of-place, that is a comment on content not person. But I am more than willing to leave it at, the committee should say as little as possible in any way, if it will affect anyone's reputation. That's why their discretion exists, and the community trusts and assumes they are fully capable to do their task and that they will act fairly and not be "unduly" influenced by anyone else. Alanscottwalker (talk) 18:55, 24 July 2019 (UTC)

Any updates on the Fram case?

I appreciate the committee's July 5 update about plans for an ArbCom case regarding Fram. Apologies if I've missed it, but I cannot find any more recent announcements. Is such a case in progress? Thanks, 28bytes (talk) 20:59, 22 July 2019 (UTC)

Related, but there was this: Wikipedia:Arbitration/Requests/Case/Reversion of office actions —Locke Cole • tc 23:21, 22 July 2019 (UTC)
Funny, I went poking around here just now searching for the answer to this question as well. --MZMcBride (talk) 04:26, 23 July 2019 (UTC)
Funny, in that anyone actually expects speedy responses or ongoing updates to this secret case. The ArbCom process has built-in indefinite holding periods and it will take even more of those torches and pitchforks that were waved at WMF when they were being slow to respond to expect anything else here. In defense, these are volunteers as opposed to employees that can be held accountable for their time. I think the community is owed an explanation of what process is going on though - and what will be public and what will not? (For example, is only the evidence secret - and the findings of fact can be at least publicly (perhaps with redacted names) be shared? Will the community be allowed to workshop the remedies? — xaosflux Talk 13:21, 23 July 2019 (UTC)
  • Based on the declined case requests page, there's two - one declined in February 2018 (diff of removal) and another in October 2016 (diff of removal). This is just declined cases where Fram is the focus of the request, however, and I'm not counting the two very recent ones as those came up in the wake of the T&S ban. —A little blue Bori v^_^v Bori! 07:49, 23 July 2019 (UTC)
Actually I was curious about the ones submitted via arbcom-en@wikimedia.org. — Ched :  ?  — 09:40, 23 July 2019 (UTC)
There is this recent failed proposal, where ArbCom decided against a conduct reminder for Fram this February. —Kusma (t·c) 12:24, 23 July 2019 (UTC)

@GoldenRing and SilkTork: Thank you for the update. 28bytes (talk) 12:43, 24 July 2019 (UTC)

SilkTork, regarding several of the reports were before the user blamed for the ban had even started editing Wikipedia, I'm not sure which user you are referring to and realise that you will not/cannot say but it is my understanding that one of those who was mentioned in discussions was contributing long before 2016. Can you confirm that you have checked this, including their alleged prior accounts? - Sitush (talk) 12:58, 24 July 2019 (UTC)
My bad, I have struck that part of my comment. My essential point, however, is that there is sufficient evidence in the document of a range of users having issues with Fram, enough to hold a case, and that is what we are doing. SilkTork (talk) 13:35, 24 July 2019 (UTC)
Unfortunate but fair enough, thanks. Is there any indication that the range of users is representative? I mean, I have hundreds, if not thousands, of complaints against me but I don't think any of those people will have contacted T&S simply because they will not have known about it. Bearing in mind that, IIRC, there was an attempt to weaponise ArbCom itself a few years ago, using a slate of people involved with WM-DC, I am concerned that the latest events may be another skewed attempt at weaponisation, and especially since WM-DC actually put out a press release concerning it. Will ArbCom be taking into account any affiliations etc and also the sheer number of contributions (ie: if you make enough contributions then you're bound to upset someone). - Sitush (talk) 14:09, 24 July 2019 (UTC)
Sitush makes a good set of points here. For those who haven't been following along, WM-DC is Wikimedia Washington DC. The press release in question can be found at their press page (it was also published on public Wikimedia mailing lists and possibly other locations). The press release itself is here titled: 'Wikimedia DC Statement on Terms of Use Enforcement'. The opening sentence is: "Wikimedia District of Columbia is deeply concerned by recent events that have occurred on the English Wikipedia, including community controversy regarding a ban imposed by the Wikimedia Foundation." Now ask yourself why WM-DC (of all the chapters) put out a press release? It is clear that this was done because they want to influence what is going on - i.e. politics. The difference is that they did it as an organised group, as opposed to speaking up as individuals. Is that what should be happening (maybe it should be)? What if all the chapters put out press releases detailing their concerns? What if WM-DC as a group wrote to ArbCom regarding the now open case? Many voices and views are competing to be heard here. Carcharoth (talk) 22:29, 24 July 2019 (UTC)
Well, maybe trying to influence what's going on is "politics", but lots of people are trying to influence what's going on, and for good reason. This whole affair has generated so much discussion precisely because a lot of people have an interest in what's going on, have opinions about how events should play out, and hope that their comments and actions will influence that future. Like PMC said below - people try to use dispute resolution processes for what you could call politics all the time. While I think people should preferably put their own (user)names to things where possible, I don't think it makes much difference if the members of WM-Wherever submit evidence individually or as a group; if it's obviously biased or inaccurate or otherwise crappy evidence, then it won't have much influence other than taking up some space on a mail server somewhere. Opabinia regalis (talk) 07:01, 25 July 2019 (UTC)
If a community member, or indeed a chapter, were to involve themselves by publicly supplying evidence then people are free to look at that evidence and endorse or challenge it. If a grant funded organisation issues a press release supporting the organisation that funds them I think we all know the value of such actions. ϢereSpielChequers 08:27, 25 July 2019 (UTC)

Motion: India-Pakistan

Original announcement

Liz reappointed full clerk

Original announcement
Good news. Congrats Liz. Best, Barkeep49 (talk) 16:03, 29 July 2019 (UTC)
Back to work! Liz Read! Talk! 02:56, 30 July 2019 (UTC)
hands Liz the special mop, broom, extra bucket, washcloth, gloves, protective goggles, decorative hat, and favored caffeine delivery system - CorbieV 20:17, 30 July 2019 (UTC)

RFC on the interpretation of WP:ARBPOL

Please see here and comment. Only in death does duty end (talk) 21:13, 31 July 2019 (UTC)

Fram case opened

Original announcement

So it's the star chamber after all? Well at least we know who the judges are. —/Mendaliv//Δ's/ 12:13, 24 July 2019 (UTC)

Could the committee start by posting a brief, anonymized summary of what they received from WMF? We shouldn’t be left guessing what the case is about. How can we present relevant evidence if we don’t know which incidents to examine? I think all the cloak and dagger is just theatre. Many editors have already figured out what this was about. You may as well confirm, correct or clarify because facts are preferable to rumors. Jehochman Talk 12:32, 24 July 2019 (UTC)

+1 if sensitive material has been redacted, there's no reason not to share a synopsis of the evidence. This should have been prepared and presented straight away. The Rambling Man (REJOICE!) 12:34, 24 July 2019 (UTC)
(edit conflict) Well, SilkTork above seems to have leaked who it wasn't. What I want to know is (1) whether the records T&S submitted are all the records, (2) whether the records were produced in anticipation of this process, and (3) whether the records were maintained in the ordinary course of business. As to what is "relevant evidence", they seem to be going for a "full Fram" case, so everything bad you can find about Fram is relevant. Of course, there's no way to refute anything since it's all going to be kept secret. So if you're interested in defending Fram you should find everything he's done that could be called bad and then find exculpatory evidence to respond to all of those instances. And really, for his defenders, it's probably a good idea to dig up everything exculpatory you can find at all. —/Mendaliv//Δ's/ 12:39, 24 July 2019 (UTC)
It is something we have been discussing. Anything with respect to the T&S report will need to be cleared by WMF Legal. It is important to note that the report was redacted for release to the Arbitration Committee (a committee of individuals who have signed multiple confidentiality and non-disclosure agreements with the WMF); the report was not redacted for public release. We are effectively dealing with layers of confidentiality both within the WMF and with those who are covered under NDAs. To reduce the report or summarize it to where it can be released to the public will be a much more complicated process which we are exploring. Mkdw talk 16:13, 24 July 2019 (UTC)

You'll be fine. Write a summary of the essential points to consider. What are the issues to be decided? Write that up and get it cleared by WMF, and then proceed with the case. Fram said he would be absent from July 15-30, so you have about a week to do this without losing any time at all. Jehochman Talk 16:18, 24 July 2019 (UTC)

Write that up and get it cleared by WMF, and then proceed with the case. I hope you're joking. —/Mendaliv//Δ's/ 16:21, 24 July 2019 (UTC)

There is a difference, at least in theory, between saying "complaints were received from Users A, B, and C" (which I understand the WMF would have an issue with) and "we are looking at Fram's interactions with Users A, B, and C" (which should be okay, at least as to editors who were not among the complainants— and we shouldn't make assumptions or speculate as to who complained about what). I realize that saying the latter might lead to the former, and hence it might not be permitted to identify every A, B, and C, but I'm not sure of that and so I raise the question for the arbitrators to consider. I also echo the point made above that it would be worthwhile for the Committee to specify the time-frame on which their review of Fram's conduct is focused. Setting a time-frame presumably wouldn't preclude reference to earlier events as background information, but it would help everyone involved in the process, including Fram, to focus their efforts on the most relevant evidence. Newyorkbrad (talk) 21:56, 24 July 2019 (UTC)

It would even be useful to identify venues and date ranges, without naming specific editors. Jehochman Talk 22:04, 24 July 2019 (UTC)
This is smart. I certainly hope the Committee takes this sensible step. —/Mendaliv//Δ's/ 22:13, 24 July 2019 (UTC)

A set of questions: without naming any specific editors, have the committee as a whole (or individual arbitrators) been proactively contacting interested parties by email to ask them to submit (or consider submitting) evidence? Related to that, has it been decided yet whether any evidence submitted previously or in the future by vanished or renamed users will be accepted as part of the case? Carcharoth (talk) 22:16, 24 July 2019 (UTC)

No, we have not solicited any specific persons on-wiki or off to provide evidence, and there are no plans to. Frankly, I don't expect that we will receive any evidence from vanished/renamed users. Leaving the project by way of a hard vanish is a pretty serious step, and I doubt anyone who felt that way would be hanging around waiting for us to open a case so they could submit evidence. I could be wrong; if I am, I expect we'll weigh such a submission based on the quality of the evidence, but it's not something we've already made a decision on. ♠PMC(talk) 22:32, 24 July 2019 (UTC)
Thank you (the reason I asked in the first place was noticing this and wondering what was going on there - courtesy ping to KrakatoaKatie). Couple more questions: will you be accepting evidence submissions from anyone who may have a conflict of interest (and will you be proactively on the lookout for any potential COI given that the community will be less able to scrutinise such matters)? Will you accept evidence submissions from members of the WMF Board or WMF employees? Will you accept evidence submissions from groups (e.g. Wikimedia chapters who have expressed concern, such as WM-DC mentioned in the section above) or will you only accept evidence from individuals? Of course, T&S should also have asked themselves such questions, but who knows if they did? ArbCom can hopefully be a bit less of a black box in that regard. And thank you (all of you) again for being responsive here - it is much appreciated. Carcharoth (talk) 22:42, 24 July 2019 (UTC)
Those emails were regarding CU/OS activity IIRC. I'm not sure how you'd define a conflict of interest with regards to this situation - does anyone who feels Fram has negatively affected them have a COI? What about anyone who feels Fram has positively affected them, is that also a COI? Where do you draw the line? As for board members or employees, I very much doubt they would submit any evidence in this matter (aside from the T&S report that we already have), given that it was specifically handed to us so we could judge it independently. If it comes up (say if an employee submits new evidence as an individual) I imagine we would handle it as we would handle any submission of evidence, by weighing its merits and making a decision as to its relevance. As for evidence submitted by entire an Wikimedia chapter collectively - as far as I know that's never been done. Aside from the above-noted statement of general concern, AFAIK WM-DC hasn't had any other as-a-chapter involvement in the situation, so I don't exactly anticipate any collective submissions from them. ♠PMC(talk) 23:26, 24 July 2019 (UTC)
Yes, those are about functionary activity. Nothing to do with the Fram case at all. Katietalk 00:24, 25 July 2019 (UTC)
Thank you both for explaining that those emails were to do with functionary activity. I should have realised that was a common factor there. My suggestion, as far as it is possible, regarding evidence that needs to be weighed (or even rejected) due to context, is to make as clear as possible that you have done this. e.g. If a set of evidence is completely rejected, then say that this happened. Give people some idea of the volume of evidence submitted and the number of people who email you. That small amount of information will satisfy most people. Carcharoth (talk) 09:47, 25 July 2019 (UTC)
Fram once provided evidence at arbitration against an editor. If that user or a friend from WM DC turn up bearing evidence, the possibility of retribution needs to be considered. I mention the possibility because two such users had a go at me after I deleted that problematic Signpost article which was arguably slandering Fram. It felt like I was caught in the crossfire of an old feud. The thing is that they didn’t disclose the history of their conflict or their collusion. Jehochman Talk 00:03, 25 July 2019 (UTC)
People submit evidence with the intention of getting people they're in conflict with sanctioned all the time in arbitration cases. It's practically a given; a case is basically a structured way of saying "ok, everybody tell us what you think about who's at fault in this conflict and what we should do about it." The probability that we will get submissions of evidence from people who think Fram is terrible is a solid 100% - but I'm also 100% sure we'll get plenty of submissions from people who think Fram is the bee's knees. Our job as arbs is to take the totality of the submissions and read them, consider the source and the context, weigh their actual relevance and significance, and render a decision on the basis of all of the evidence. That's what we do in any case we get and that's what we intend to do here, full stop. ♠PMC(talk) 00:50, 25 July 2019 (UTC)
Yes, but (a) we know that at least one significant group of people, several high-ranking members of which have extremely close connections to WMF, are colluders, politicised and determined to change en-WP; and (b) the arbs get "help" in weighing-up matters from evidence submitters who point out discrepancies etc when things are done in the open and that cannot happen in the proposed structure of this case. As I have said before, arbitrators make mistakes just as much as anyone else but the chances of mistakes happening reduce when scrutiny of evidence etc is spread wider. - Sitush (talk) 01:01, 25 July 2019 (UTC)
Listen, our eyes are wide open here, and we are not stupid. We're well aware of the history. We're relatively savvy people, for all our pomposity, and we will deal with those who have agendas. But there is some evidence in that report that we cannot disclose. I wish we could, but we can't. We will give Fram his due. We're determined to. In the end, half of the community will likely be angry and the other half will be angry about something else. It's the way this gig works. All we can promise is that we'll do the best we can, because we realize how important it is to Fram, to the people who contacted T&S, and to our community. Katietalk 01:35, 25 July 2019 (UTC)
I admire your self-confidence but I never mentioned the report, nor did Carcharoth or Jehochman. That's at least two arbs making mis-statements regarding the case in the last 12 or so hours (see this). It happens but, well, QED? - Sitush (talk) 01:53, 25 July 2019 (UTC)

Sorry, but this seems like a bit of a farce. You're only accepting privately submitted evidence? How can there be any rebuttals of claims of malfeasance? You're only going to get evidence of problematic edits by Fram this way because you can't submit evidence to prove a negative unless you're responding to something. Is the for public, redacted version of the evidence that ARBCOM got going to be presented to Fram and the public soon? That will, at least, be a starting point to submit evidence that Fram was correct in his editing (assuming that is the case, of course). Valeince (talk) 01:07, 25 July 2019 (UTC)

Fram case opened (Arbitrary break 1)

While I don't doubt the integrity of this ArbCom in the slightest, I can acknowledge that this is a test in which ArbCom has something to prove to the Foundation, and that this investigation will likely come to the obvious conclusion that Fram was an asshole to too many people for too long, and that his sanction will be largely or wholly upheld. I presume there is a mutual understanding, if unspoken, that this meant to be a chance for Arbcom to legitimize this ban, not to overrule the Foundation, and that Arbcom's hands are largely tied. I expect no surprises in this regard. I do however vehemently request that Arbcom provide a conclusive finding of fact to the community as to whether Fram was banned in a direct response to one of the specified behaviors listed in the ToU clause that he was banned under (i.e. harassment, threats, stalking, spamming, vandalism; Transmitting chain mail, junk mail, or spam to other users.) No, the Foundation simply citing that clause is not evidence of a violation, and beyond that nobody has been able to answer this simple question with a simple secondary confirmation that it was not merely a civility shadowban, as many of us believe it was. A definitive answer to this fundamental question needs to be on the record. ~Swarm~ {sting} 03:28, 25 July 2019 (UTC)

@Swarm: In all fairness, many arbs are on record saying (1) the T&S report was rather nuanced and somewhat compelling, but (2) it will not be weighted as heavily community evidence throughout this process. I suspect that this conclusion is not as predetermined as you may have implied here.
Either way, I would also like to see the specific TOU clause cited. –MJLTalk 06:48, 25 July 2019 (UTC)
In my view, it doesn't matter which TOU clause in particular this falls under. The TOU gives the WMF broad powers to ban users that are not limited to the list in Section 4. ("These activities include..." "Manage otherwise the Project websites in a manner designed to facilitate their proper functioning and protect the rights, property, and safety of ourselves and our users, licensors, partners, and the public." "In certain (hopefully unlikely) circumstances it may be necessary for [us] ... to ... block your account or access, or ban you as a user.") And even if ArbCom concludes this is not "harassment" it may be that T&S has a different understanding of the word "harassment" rather than that they were trying to deceive us about the motivation for the ban. Calliopejen1 (talk) 22:45, 25 July 2019 (UTC)
I think an important principle in this case will be how (and if) "harassment" is defined in enwiki policy. – Joe (talk) 08:52, 26 July 2019 (UTC)
But the community evidence is likely to be skewed by proxies for the WMF who work in tandem with each other, such as WM-DC, and because without sight of the evidence by the community in general (anonymised, if necessary) it is inevitable that complaints will be encouraged. That, indeed, was part of the apparent rationale for approaching T&S in the first place, ie: to bypass established on-wiki procedures. We're creating a monstrous situation here that will have severe future ramifications. - Sitush (talk) 07:45, 25 July 2019 (UTC)
Yes this should flush out some alleged misdeeds. But anything cited in public can then be examined and either Fram can be sanctioned, but in an efficient effective way where they can only return if they know what to do differently in the future. Or we can remind the evidence submitters that if you want to change policy the way to do it is to propose a change to policy, not to harass those who are enforcing an agreed policy. ϢereSpielChequers 08:40, 25 July 2019 (UTC)
Yes but the evidence and workshop phases are being rolled into one here and any publication will happen after the phases are over - it is this for which I sought clarification yesterday. So there won't actually be anything for the community to comment on prior to ArbCom making a decision. Yes, Fram will be given the opportunity to comment prior to that stage but it really will be Fram vs The World and, bearing in mind that two arbs have already made mis-statements/have misunderstood in the conduct of this case, I really do think it needs extra eyes as far as is practicable. - Sitush (talk) 09:16, 25 July 2019 (UTC)
I am aware that the AC is all that stands between us and the arbitrary whim of T&S, but I'm not quite clear on the rationale for the public-submitted evidence to be confidential. Could that be explained? The public has no idea who the complainant(s) might be and so could not out them.--Wehwalt (talk) 10:28, 25 July 2019 (UTC)

I think the committee should reflect on being as open as it can be. Wehwalt is right - most onwiki evidence can surely be presented without revealing who complained about it. The community provides a valuable scrutiny role in these proceedings, which they cannot do when prevented from seeing it. Of course, offwiki activity like emails and other sites might need to be presented more delicately or not at all. But of a 70 page dossier, it must be possible to share much of it. --Dweller (talk) Become old fashioned! 12:18, 25 July 2019 (UTC)

I didn't even go that far. I'm just asking why the evidence submitted by members of the community cannot be public.--Wehwalt (talk) 12:21, 25 July 2019 (UTC)

Minor question: the 'drafting arbitrator' has been designated as 'committee as a whole' - is this to avoid undue pressure being brought to bear on individuals, or is it a genuine desire for all arbitrators to actually participate in drafting? (There will surely be some arbs that won't have the time or inclination to do the heavy lifting there, and sometimes too many people makes it difficult to do that.) After the fact, maybe it should be stated if the process (presumably the drafting will be done on the arbwiki) was driven by one or two arbitrators, as that is information that is needed to judge the performance of arbitrators. May I also suggest that you anonymise submissions as they are received, so minimising the potential sources of leaks (i.e. don't transfer identifying information from emails to the arbwiki). I am quite sure you have thought of this already, so I won't make many more suggestions like this, but that is the sort of thing that is hopefully being considered. Carcharoth (talk) 12:31, 25 July 2019 (UTC)

Colleagues can correct me, but I do not think the prospect of pressure upon drafting arbitrators came up at all. Appointing drafters is a workflow tool for the committee. We seem to have, independently, agreed without discussing that such a tool is not appropriate in this case. In other words, this matter required closer participation from the start by all arbitrators. AGK ■ 20:11, 25 July 2019 (UTC)
When I was an Arb I always felt that the more Arbitrators who participated in the workshop and PD drafting phase the better, Doug Weller talk 07:42, 26 July 2019 (UTC)
Absolutely. It was frustrating to workshop stuff and only when the PD was posted did arbs read through everything and result in a very messy and protracted PD phase. More involvement by everyone earlier results in faster, better results. Der Wohltemperierte Fuchs talk 16:07, 26 July 2019 (UTC)
I was wondering how long it was going to take to go from ArbCom being the heroes of the day to ArbCom returning to being villains in the eyes of many editors. About this long seems to be the answer. While I'm somewhat sceptical about ArbCom's ability to handle cases which involve allegations of harassment against high profile editors given its track record on the issue, I'm happy to give them the benefit of the doubt and wish them well in this case. Given the background to the case and the vast amount of drama which has taken place, I'm struggling to see an alternative to holding the case in private given that it involves information provided to the WMF under conditions of confidentiality and there's a 100% likelihood that anyone who posts a serious accusation against Fram will be severely hounded (at least one of the people who many editors believed submitted a report to T&S has left after being hounded - given this, imagine what would happen to those who are known to have made a complaint?). I note that Wikipedia:Arbitration/Requests/Case/Fram/Evidence states that "Evidence submitted will be summarised, anonymised and presented to Fram and to the community here", which seems to address some of the concerns above. Nick-D (talk) 04:16, 28 July 2019 (UTC)
+1. I am stunned disappointed but not surprised to see the very same criticisms that were directed at the WMF directed at ArbCom (everything is a star chamber), despite the number of people who said teh real source of their complaint was that the WMF was handling it instead of the locally-elected ArbCom. Galobtter (pingó mió) 18:31, 28 July 2019 (UTC)
+2. --Tryptofish (talk) 22:00, 28 July 2019 (UTC)
Yeah, I rather am too. I realize that I worked during my own time on the ArbCom with some of the current members, and that may change my own perspective somewhat, but I will say that, of those who I did share my time there with, I would fully trust them to make an impartial and fair decision, and that they would absolutely not tolerate being used as a rubber stamp for WMF. Seraphimblade Talk to me 22:34, 28 July 2019 (UTC)

Not sure if these questions were already addressed but:

Fram case opened (Arbitrary break 2)

In case anyone has missed it, see here. I think you (ArbCom) may have to decide what to do going forward, as Fram clearly wants to participate in public and speak up in their own defence, and is doing so at meta. I don't envy you making a decision on what to do here. Carcharoth (talk) 13:06, 29 July 2019 (UTC)

What is meta's policy on using usertalk to comment extensively on enwiki proceedings? –dlthewave 13:21, 29 July 2019 (UTC)
FWIW, Fram originally was asked (by Iridescent) to comment at their Commons user talk page, see here onwards, and then was asked (by admins on Commons) to decamp to meta, see here. The whole posting on behalf of banned users thing is tricky to handle at the best of times, doubly so here... I think ArbCom need to be sensible here, but also firm. Carcharoth (talk) 13:53, 29 July 2019 (UTC)
Dlthewave, m:WM:NOT #10, #11, #13 comes into my mind. However I think nobody would mind as long as he stays within the boundary of m:Meta:Urbanity. (My personal opinion) — regards, Revi 14:53, 29 July 2019 (UTC)

Oversight permission restored to Beeblebrox

Original announcement
Welcome back! :-) ~Oshwah~(talk) (contribs) 12:38, 28 July 2019 (UTC)
Why did this have to get an official announcement? No objections to the process or to the restoration; I'm simply curious. Nyttend (talk) 03:17, 29 July 2019 (UTC)
Functionaries cannot simply request back their advanced permissions. They have to be officially appointed anew by ArbCom. Stewards will not grant +oversight or +checkuser without evidence of local discussion/appointment. In practice, any functionary who resigns in good standing or who wishes to return after inactivity is usually granted their permissions back, but technically arbcom has to officially re-appoint. TonyBallioni (talk) 03:31, 29 July 2019 (UTC)
As TonyBallioni said. Only AC has authority to appoint local CUOS on this wiki and thus AC statement is required for (re)grant of CUOS permission. Stewards don't do 'Restoration of voluntarily relinquished permissions' so new discussion/statement is always required. — regards, Revi 12:26, 29 July 2019 (UTC)
@Beeblebrox: I'm working on making this happen. I note that Beeblebrox had both oversight and check user. This announcement refers only to oversight. Is that intentional or (dare I say it?) was there an oversight? In other words is this explicitly not including checkuser?--S Philbrick(Talk) 14:15, 31 July 2019 (UTC)
Beeblebrox said that they don't use checkuser anyway, and they didn't request it. —Kusma (t·c) 14:27, 31 July 2019 (UTC)
Kusma, Thanks S Philbrick(Talk) 14:44, 31 July 2019 (UTC)
I didn't know he'd lost his 'oversight' tools. I don't even know if I have 'oversight' tools. GoodDay (talk) 14:27, 31 July 2019 (UTC)
GoodDay, I don't believe you do. S Philbrick(Talk) 15:46, 31 July 2019 (UTC)
Ok. GoodDay (talk) 16:35, 31 July 2019 (UTC)
The oversighters are listed here.-- Pawnkingthree (talk) 15:57, 31 July 2019 (UTC)
Cool. GoodDay (talk) 16:35, 31 July 2019 (UTC)

Resignation of RickInBaltimore

Original announcement
Sad. I hope all is well, Rick. TonyBallioni (talk) 20:05, 31 July 2019 (UTC)
  • It's always sad to see another Arb depart. Thanks for your time with us, Rick, you did a good job. WormTT(talk) 20:13, 31 July 2019 (UTC)

Not impressed with this round of the committee. I recognize it’s a volunteer position but if you aren’t able to honor your commitment then reconsider running. With Rob and Rick resigning, and Courcelles almost completely inactive for his entire term to date (despite assurances to the community during elections that he would be here, and despite narrowly edging out 2 other active and respected former Arbs), the committee is short handed during such a time when we need that leadership the most. Mr Ernie (talk) 23:06, 31 July 2019 (UTC)

  • As they say, "shit happens". The only thing I would say is that it indicates that the decision to shrink the committee was perhaps not the best idea. Maybe we should consider electing alternates, non-voting replacement arbs who can observe all deliberations, and step in when arbitrators are forced to leave, or the number of active arbs falls below a certain number. Beyond My Ken (talk) 23:10, 31 July 2019 (UTC)
    Beyond My Ken, I read Worm's response to Mt Ernie before I read your response, and I got up walked around, and formulated a response, then came back to see that you proposed exactly what I was thinking about. I fully support the notion of alternates who can step in when needed. Some important details and procedures to be worked out, but nothing insurmountable. S Philbrick(Talk) 20:39, 1 August 2019 (UTC)
    If you look at the history of the committee, you'll see that there is at least one resignation every year. It's typical. My guess is that being an arbitrator is MUCH more work than candidates expect. It's not like being an editor or admin where you can adjust your schedule to accommodate work and vacations. What I've gathered as an arb clerk is that there is a deluge of email every day--from case considerations, to motion discussions to ban appeals--that never really stops. That's why I'm grateful for anyone who wants to take the job on. Liz Read! Talk! 01:35, 2 August 2019 (UTC)
Mr Ernie, I take extraordinary exception to that comment. This is a website, built around a community. It pales into comparison of any real world issue. What's more, it's built around crowdsourcing - the entire point is that no one individual is indispensable. This is volunteer work, there is no pay. In fact, there is damn little reward in any sense, because sitting on the Arbitration Committee basically elevates you to the status of "community punching bag".If any arb wishes to focus on something more important to them, then I fully support them. It's easy to criticise from the armchair - how about you run for arbcom yourself? WormTT(talk) 23:27, 31 July 2019 (UTC)
So we can't say we're disappointed with the current Arbcom? Well, that rather makes it impossible for anyone who does think they can do better to say so. And the "It's easy to criticise from the armchair - how about you run for arbcom yourself?" comment is frankly rather unhelpful. I can recognise shoddy workmanship on a car, but I wouldn't pretend to be able to build one myself. Now, the current Arbcom does seem to have been shat on by WMF, and to have been needlessly ensmallened from the start, but it isn't satisfactory to see it shrinking even more. One can, I think, say that without it being about any individual member who decides to quit. DuncanHill (talk) 23:50, 31 July 2019 (UTC)
DuncanHill, By all means say that you're disappointed in the current Arbcom. Say it especially loudly at election time. Complain about the actions taken by individuals, or the group, directly to us or here. My concerns are around criticizing individuals for taking the decision to step away from a volunteer project with few rewards. WormTT(talk) 07:03, 1 August 2019 (UTC)
DuncanHill, I don't see sense in your comment. You are suggesting that an arbitrator is obliged to serve for a full term (like a mechanic is obliged to fix their car after they promise to do so). We are volunteers. The election is not conducted on the basis of volunteering for an irrevocable commitment of 2 years. What you should be saying is "do we need more members?” or "can we make individual matters easier to handle?". You should not be persisting with this line that it is appropriate or even sensible to criticise the individual members whose circumstances change. That was always going to happen. (And it's a really shitty thing to do.) AGK ■ 07:55, 1 August 2019 (UTC)
I'm not suggesting that anyone is obliged to serve a full term, I don't know why you say I am. For that matter, I feel it's not at all shitty to be disappointed that someone is leaving - such disappointment does rather strongly imply that one appreciated their presence. Again, you have misrepresented (I'm sure not deliberately, but carelessly) what I said - I didn't criticise individuals, indeed I made the point that it wasn't about any individual. God help us all if you're that careless reading evidence in Arbcom cases. I don't think it's unreasonable to be disappointed either when someone does volunteer to do something for two years and then, for whatever reason, doesn't do it. I know I would be disappointed in myself if I did such a thing. Now, some of the comments on this page suggest that Arbs didn't know what they were getting themselves into when they stood. Perhaps the Committee should do a better job of communicating just what it does so that highly experienced editors who presumably have followed Arbcom proceedings in the past don't get such a shock. Again, if the Committee were better at communicating what it actually does, others might be able to make suggestions about how you could improve efficiency and reduce stress on individual members. Jumping down our throats when we do actually say something other than unqualified praise don't help. DuncanHill (talk) 14:27, 1 August 2019 (UTC)
@DuncanHill: You are trying to change your argument. Mr Ernie literally said the words if you aren’t able to honor your commitment then reconsider running. Worm That Turned explained that every committee suffers from inactive members, and that blaming the individual members is both uncouth and pointless. You responded with a long and aimless message, but the effect of it was to side with Mr Ernie's position. I am telling you again that I think your comment contained no proposals for reform or future improvement of the committee, and that the position you took about volunteer retirements is the sort of thing Wikipedia's community can do without. AGK ■ 20:52, 1 August 2019 (UTC)
Worm That Turned, no I won’t run because I don’t have the time. I’m more upset with Courcelles who dare I say misled the community into thinking he would be more active with his statement (“SO I've been back to full activity all this year, and am fully prepared for the workload and e-mail volume if I get elected again.”). It’s no secret how much work there is, and certainly RL obligations arise, but look at last years election results. There were good choices who didn’t make the cut because someone said they could be active but weren’t. Just don’t run if you don’t have the time - it’s very simple. Mr Ernie (talk) 01:24, 1 August 2019 (UTC)
Mr Ernie, Your comment that you "recognize it’s a volunteer position but if you aren’t able to honor your commitment then reconsider running" appeared to be aimed at the individuals who have left the committee this year. If you are actually more concerned with Courcelles, then you should make that clear to him on his talk page. Personally, I had concerns about Courcelles activity both on this and the last term that he was on the committee, but what he has said to me explained his situation and I accept why he is and was less active - but it is up to him to reassure you, not me.
I'll also point out that sitting on Arbcom is a sizeable role, and nigh on impossible to understand what you are getting yourself in for. My wikipedia mailbox currently sits at 5.65 Gb - that's almost exclusively text. It's hard to appreciate what the feels like on a day to day level. The type of messages that come in, the regular lack of ability to fully explain your decisions, the amount of people who get the wrong end of the stick - it's draining. There are a few numpty's who sit for multiple terms, they know what they are getting themselves in for - but those who are on their first term? They deserve all the empathy they can get - and that's before the idea that real life can get in the way, personal circumstances do change, 2 years is a long time to forsee. WormTT(talk) 07:12, 1 August 2019 (UTC)
Worm That Turned, if the mail traffic is really so large, why did we reduce the amount of arbs? A sitting arbitrator has repeatedly said that mail-traffic now-a-days is low and easily manageable, in response to Iri's now-iconic picture. Whom do I believe? FWIW, I do not intend to criticise Rick in any manner and have my sympathies and best wishes for him:-) This's about the broader aspects.WBGconverse 07:17, 1 August 2019 (UTC)
Winged Blades of Godric, My mailbox does include mail from my last term, I seem to remember that was 3.9Gb, so it's about halved since then. What's more, it includes a lot of spam, which goes into a list moderation folder so that I can search for copies of mails that may get lost. I've not had a 644 email day, however, I've also not had a day where my real life work email outstrips my arbcom emails. WormTT(talk) 07:22, 1 August 2019 (UTC)
In that case, your previous figure is largely irrelevant as to measuring workload. How many mails (minus spam) do you receive each day on-an-average? WBGconverse 07:25, 1 August 2019 (UTC)
Winged Blades of Godric, it is not about workload at all. (I mean, it could be. Ask whatever questions you like, but separately.) We are responding to Mr Ernie, who suggested some arbs ran for election with a promise that they would be active – when they misjudged the workload. That is not what happened. Each arb had a significant change of circumstances that could not have been foreseen at the time of the election. Whether the workload was 9 emails a day or 11 is irrelevant. (Appeals swing the answer, but I would put it at around 15-30 threads per day. Some threads have several new emails.) AGK ■ 07:49, 1 August 2019 (UTC)
Yep. A lot of "real life" can happen in two years.
Arbcom may have been ensmallened, but we can be embiggened again if you remember to show up at this year's election RfC! (Alternatively, send cookies? With real butter and lots of chocolate? :) I really didn't expect it would matter too much, and thought there might be something to the idea that a smaller group would have less communications overhead, but I think that hasn't been the case in practice.
I'm probably the one you mean about the email stats, and it's true that the email volume is down from its peak in 2009. Last time I looked on the old list it was around 30 emails a day, and Google Groups tells me it's still the same range. Whether that's manageable or not really depends how much spare time you have to read it, and even more so, how much spare memory you have to keep track of it all. Opabinia regalis (talk) 08:08, 1 August 2019 (UTC)

Replacement of retiring arbs discussion

Without any reflection on those who have left ArbCom recently, there does seem to be something of a structural flaw when someone leaves. If a judge or cabinet minister retires or resigns, they are replaced; a politician leaving their constituency triggers a by-election. Could there be a case for a mechanism to replace 'lost' Arbs? At the very least, if Arb numbers are 'topped-up' when one leaves, it takes the pressure off those remaining.

It would not necessarily have to be a new (by-)election, but could a mechanism be introduced whereby those who stood for election but narrowly missed out be co-opted onto the committee to finish the term of an Arb who left? (If they agreed, of course). I appreciate this would require an RfC to cover future elections, so may not be applicable now, but it would be something worth considering for the future. – SchroCat (talk) 11:40, 1 August 2019 (UTC)

We'd probably have to put some criteria on it (minimum positive %, and potentially a "if an Arb resigns, and there are fewer than 11 active Arbs" etc) Nosebagbear (talk) 11:51, 1 August 2019 (UTC)
That would be beneficial. The numbers to be added could also be limited, if deemed wise, so that only the top two or three were on a reserve list. - SchroCat (talk) 11:54, 1 August 2019 (UTC)
While it's clear that the current size of the active committee is inadequate, we need to be cautious that opinions on anyone listed on the "reserves" list may have changed markedly in light of force majeure events like Framgate. E.g. if a reserve-list Arb gave very strong opinions one way or the other, that may need the community to re-affirm that they still have confidence in such individuals to operate on the committee. The Rambling Man (REJOICE!) 11:58, 1 August 2019 (UTC)
Not necessarily, if there is something written in that they would recuse from any situation that they have voiced strong opinions about. (So in the current situation, while they may have to recuse from dealing with the Fram case, they would take up a stronger role in other matters). - SchroCat (talk) 12:06, 1 August 2019 (UTC)
That's relatively simple for cases, but not necessarily for other opinions voiced between the last Arbcom election and the next. There would probably need to be a period of discussion to allow any new information to be brought to light. The Rambling Man (REJOICE!) 12:10, 1 August 2019 (UTC)
I'm not sure I'd be keen on coming 9th for 8 places (which happened to me in 2012), then having to be ready at a moment's notice to join the committee at any point in the following 12 months. I took on different projects once I knew I had not succeeded and had a productive year, I'm not sure I would have taken them on if I'd been told I was actually understudy for any arb that might leave. I'll also point out that only 2 out of the past 10 years have had no resignations... WormTT(talk) 12:12, 1 August 2019 (UTC)
That's why I said if they agreed to it: we can't force anyone to do it, we can only ask. Anyway, those who just missed out may also have their own pressing matters in RL or other reason why they wouldn't want to join. I'm just trying to find a mechanism whereby a couple of positions may be filled with least disruption to ensure there is a sufficient number on the committee. - SchroCat (talk) 12:19, 1 August 2019 (UTC)
And also why you'd want to put a minimum number of retired arbs and/or a retirement coupled with a number of inactive arbs before it triggered Nosebagbear (talk) 12:30, 1 August 2019 (UTC)
Indeed, and I know real life is priority of course, but some Arbs were voted in after such a massively protracted process only to set themselves as "inactive" and not really participate. It seems like such a waste. The Rambling Man (REJOICE!) 12:35, 1 August 2019 (UTC)
At the last election we reduced the size of the Arbitration Committee, and I think a good few of us are now convinced that was a mistake. I supported a reduction myself (part of my thinking was that with fewer cases each year there's not so much to do - but just look at what's happened recently!), but I'll be supporting an expansion again when it inevitably comes up this year. I think that will help with the resignation problem. Boing! said Zebedee (talk) 13:43, 1 August 2019 (UTC)
For reference, the current arbitration policy allows for the calling of interim elections if there is "an immediate need for additional arbitrators". There was some discussion of this during the recent successful proposal to amend the arbitration policy: Wikipedia talk:Arbitration Committee/Archive 20 § Discussion and comments. isaacl (talk) 14:57, 1 August 2019 (UTC)
And the Committee could just make a resolution stating that there's an immediate need. Of course I get the feeling that the prevailing attitude will be that new arbs won't help things; that they'll just be more voices in the e-mail chains. —/Mendaliv//Δ's/ 15:02, 1 August 2019 (UTC)
I think that an interim (or early) election is worth discussing. I will raise the question with my colleagues. AGK ■ 20:55, 1 August 2019 (UTC)
@AGK: Having served with the election coordination team multiple times, keep in mind that the election process is far from trivial if the "standard" process is to be used - it takes a few months to "run the election" so a true "immediate need" situation is important. Temporary emergency election procedures may be needed depending on how dire the situation is. — xaosflux Talk 01:24, 2 August 2019 (UTC)
AGK did indeed bring this up on the list, thanks. I wanted to say here what I said there, which is in line with Xaosflux's comment - I think this would be a timesink. This is not a "nobody left to drive the bus" situation, it's just that there's a lot of stuff to do and a few less hands than usual to help out. Remember arbcom has never been very speedy, and even better "staffed" committees have had similar delays on things like decisions and appeals because of ordinary boring things like bad timing, distractions, unexpected personal responsibilities, technical difficulties, and on and on. The best thing we can do at this point is stay focused on our core responsibilities and avoid getting distracted. Opabinia regalis (talk) 07:00, 2 August 2019 (UTC)
Understood, OR. My sense is that we're worried what the WMF will get up to next, and we're wondering if we have the resources to cope. If I'm reading the room right, then my preferred solution would be: if another crisis is precipitated before the next Arbcom elections, and if Arbcom feels overburdened, then you guys should tell us that. Hopefully the community will come together to ask the WMF to back off give us time until we have the proper resources to cope. - Dank (push to talk) 12:08, 2 August 2019 (UTC)
I think a co-option approach (with some parameters, per Nosebagbear) would be a good backstop. A by-election would be a massive timesink and distraction. Peacemaker67 (click to talk to me) 03:17, 3 August 2019 (UTC)
The more I think about it, just a re-embiggening (thanks OP) of the committee would go a long way to solving this (in the longer term). I thought BMK's suggestion of a group of alternates made sense as well, but I came to the conclusion that if we are going to have fully qualified individuals totally vested in the process from the beginning, why not just have them be full participants rather than mere observers? I don't think that the ensmallened committee has produced any measurable efficiencies, and having the extra hands on deck already would obviate the need for mid-cycle elections, emergency or not. Granted this doesn't help us for this particular cycle, of course. Perhaps we could also tweak the quorum rules as well to allow for inactive-but-not-resigned arbitrators to not affect the ability of the committee to take a case (e.g., not requiring a full absolute majority of non-recused arbitrators). CThomas3 (talk) 03:22, 5 August 2019 (UTC)

Cthomas3 appointed arbitration clerk trainee

Original announcement

Arbitration motion regarding the Arab–Israel conflict

Original announcement
It'll be interesting to see how this plays out with Wikipedia:Arbitration/Requests/Case/Antisemitism in Poland/Proposed decision#Discretionary sanctions. –MJLTalk 03:20, 17 August 2019 (UTC)

Arbitration motion regarding Antisemitism in Poland (temporary injunction)

Original announcement

Arbitration motion regarding The Rambling Man

Original announcement

Thank you, - it's a baby step, but better than no step forward. --Gerda Arendt (talk) 16:15, 9 August 2019 (UTC)

I marked 11 nominations by User:The Rambling Man is welcome to review, including one for the "so-called left-radical wind band" which seems to match the occasion. Also a US$ 24 million painting, and two "recent" deaths in German literature (nominated in July). --Gerda Arendt (talk) 16:53, 9 August 2019 (UTC)

It strikes me that this announcement isn't hugely approachable by anyone who's not familiar with the case, and the same is true of all other remedy-replacement announcements. Adding new remedies is easy to understand, and removing them also isn't hard to understand because the whole thing's gone, but understanding an amendment requires you to know both the old and the new. In the future, would you be willing to include the old version of the remedy as well as the new, or provide a before-and-after inline (e.g. User:1 is prohibited from interacting with User:2 editing articles about X), so at a glance one can see the effect? Nyttend (talk) 22:05, 11 August 2019 (UTC)

I haven't broken Wikipedia yet (or unduly insulted anyone, for a change). Despite some tricky edge cases, things are looking up for Wikipedia and its readers! The Rambling Man (Staying alive since 2005!) 17:21, 19 August 2019 (UTC)

Astounding!  — Amakuru (talk) 17:27, 19 August 2019 (UTC)
I for one would like to thank TRM for his work at unbreaking Wikipedia. As a relative newcomer to the GA process, I was slightly hesitant about approaching TRM for a GA review - given the sanctions in place, and the commentary I have been vaguely aware of on the various drama boards, I was half-expecting a good old-fashioned tongue-lashing for an improperly placed apostrophe or the wrong sort of dash. Instead (and perhaps somewhat anti-climactically), all my interactions with him have been instructive, encouraging, and entirely positive. Have I been doing something wrong? GirthSummit (blether) 23:45, 19 August 2019 (UTC)
Plus with TRM we're assured The Boat Race will always be updated in a timely manner for posting at ITN :) --Masem (t) 00:01, 20 August 2019 (UTC)