Wikipedia:Arbitration/Requests/Case

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This is an old revision of this page, as edited by Dax Bane (talk | contribs) at 17:25, 12 November 2018 (→‎Note from Dax Bane: slight tweak to my own wording). The present address (URL) is a permanent link to this revision, which may differ significantly from the current revision.

Requests for arbitration

Fred Bauder

Initiated by Maxim(talk) at 19:20, 11 November 2018 (UTC)[reply]

Involved parties

Confirmation that all parties are aware of the request
Confirmation that other steps in dispute resolution have been tried
  • Not applicable

Statement by Maxim

I've desysoped

WP:IAR in light of two self-unblocks today. As it's a Sunday and frankly we (or most of us) have lives, it is not clear when Arbcom would formally motion to desysop, and it is not unreasonable to assume that Fred Bauder may unblock himself again. Committee members, how you want to proceed here is your call, whether it is to do a level I/II desysop after-the-fact and dismiss this case, or whether you prefer to do a separate motion altogether. Or whether you want to trout me for my application of IAR. Point being, I'm not here seeking specific relief but more putting my actions on the record. Maxim(talk) 19:20, 11 November 2018 (UTC)[reply
]

WP:BN. Maxim(talk) 20:14, 11 November 2018 (UTC)[reply
]
Alanscottwalker, certainly, I'll try to clarify my reasoning. Self-unblocking (unless it's an obvious accident, i.e. admin blocks himself instead of intended target) is a really clear line in the sand. Doing it twice is over-the-top over the line. I don't think it's unreasonable to think a third self-unblock would occur. So if were a third self-unblock to happen we'd be back at re-blocking again. And so on and so forth. Such a situation is most undesirable given community expectations for admin conduct. The current situation is now effectively stable - that is more desirable than continuing or possibly continuing the unblock-reblock cycle. In ordinary edit-warring cases we use blocks and protections to stabilize the situation because it forces an end to the warring. With an admin unblocking himself twice, the only way you do the same is by desysop. So, I think the desysop is in the best interest of the project. Optically it's not an emergency like a rogue admin but I'd argue it rises to a different kind of emergency, and in both cases the outcome is fairly guaranteed to be the same. Maxim(talk) 22:42, 11 November 2018 (UTC)[reply]
Alanscottwalker, not much happened but the possibility of it continuing did exist (and it is not an unreasonable possibility). And now the possibility does not exist. Regarding protection, I was using it as an analogy. In the situation at hand, I was responding to self-unblocking, not the election question page edit war. Maxim(talk) 22:59, 11 November 2018 (UTC)[reply]
I have no idea what Fred Bauder is referring to, as I undertook the action on my own initiative based on the reading of the unfolding situation. There was no "emergency request from an administrator" communicated to me. Maxim(talk) 00:45, 12 November 2018 (UTC)[reply]

Statement by Fred Bauder

Maxim relied in good faith on an emergency request from an administrator. Any such request should be honored without requiring a through investigation. It could have been an actual emergency.

Statement by Iridescent

Adding myself as a party pro forma in light of the fact that I'm the one who performed the reblock which Fred Bauder reversed—i.e. when the issue changed from a violation of

Iridescent 19:26, 11 November 2018 (UTC)[reply
]

@
Iridescent 19:57, 11 November 2018 (UTC)[reply
]
@
Iridescent 21:09, 11 November 2018 (UTC)[reply
]

Statement by Boing! said Zebedee

Maxim's desysop action was well within the bounds of reasonable discretion, and I think it was the right thing to do at the time and it should be endorsed. The subject of my block has come up here wrt

WP:Involved. I blocked as an "any reasonable admin" action and then immediately took it to ANI for review, which I think is perfectly acceptable. In the discussion there's one "Good block" comment and one "Strongly admonish" (the admonish comment suggested I had misused rollback, but I did not use rollback). Nobody else out of the many who contributed saw fit comment on my action that I can see (and I don't think I missed any), so I don't see that it comes anywhere near ArbCom business. All ArbCom has to do here, I think, is decide how to proceed with Maxim's desysop action - uphold it, reverse it, elevate it to a formal desysop, whatever, and I'm happy to leave that to ArbCom without offering any personal opinion. There is clearly no community consensus for a ban on Fred, so that's another thing that ArbCom does not need to rule on. If anyone has any questions for me, I will answer as quickly as I can. Boing! said Zebedee (talk) 07:34, 12 November 2018 (UTC)[reply
]

Statement by Lourdes

The community is discussing this issue at ANI and there's no need for the ArbCom to step in here as of this moment. With due thanks to Maxim for the absolutely on the dot action, Maxim could well have emailed the ArbCom than opened up this thread. Lourdes 19:39, 11 November 2018 (UTC)[reply]

Per
Iridescent's explanation; I realize I'd misunderstood the basis of this filing. Lourdes 15:55, 12 November 2018 (UTC)[reply
]

Suggestion by SN54129

...that this is put to bed as easily and as quietly as possible for all concerned: endorse the L2 desysop, in consideration of the

steward? ——SerialNumber54129 19:40, 11 November 2018 (UTC)[reply
]

Statement by WBG

  • As the editor who triggered the chain of events, I pretty much believe Fred's attitude is incompatible with our current values.
  • And a desysop is the basic minimum, which ought be executed with minimal fuss by the commitee and this case request be dealt with.Maxim's actions were very rational and it was a good call.
  • Per Cas's comment (which frames my thoughts well-enough), the indef shall be stayed unless he can demonstrate his competency.
  • I note that my usage of rollback has been questioned and I agree that it was non-optimal.WBGconverse 19:44, 11 November 2018 (UTC)[reply]

Statement by Funplussmart

There seems to be overwhelming consensus for a desysop for wheel-warring, but a site ban is probably unnessesary in my opinion (I changed my vote in the ANI post). Of course, we are only here for procedure only. funplussmart (talk) 19:45, 11 November 2018 (UTC)[reply]

And I do support Maxim's desysoping. (of Fred Bauder) funplussmart (talk) 19:51, 11 November 2018 (UTC)[reply]

Questions by Alanscottwalker

What was the imminent harm? I get that there was wheel-warring/self-dealing but why could not the de-sysop wait for emergency process? What was going to happen? Nothing? In other words, so he is unblocked, what did you think he would do, move questions from a page to its talk page? So, those can be moved back, right? Alanscottwalker (talk) 19:46, 11 November 2018 (UTC)[reply]

And, what? Is it true the desysop was two hours after the last unblock, and what happened in that time? Nothing? Alanscottwalker (talk) 20:13, 11 November 2018 (UTC)[reply]

"[T]his seems like it would have been solved with far less drama by stopping immediately after Fred's first revert and asking the election commissioners to review the situation." Indeed, so what if those questions were moved for a few hours or even a day or so, as there was a pointer to them? What was it that could not have been talked through? Alanscottwalker (talk) 21:49, 11 November 2018 (UTC)[reply]

@Maxim: can you respond to any of the above questions? Thanks. Alanscottwalker (talk) 21:56, 11 November 2018 (UTC)[reply]
I think it has already been pointed out that desysop requires a case, even after an emergency desysop, is that right? Alanscottwalker (talk) 22:23, 11 November 2018 (UTC)[reply]
@Maxim: Why do you say the situation was unstable? What specifically had happened in the last hour before your action? -- Alanscottwalker (talk) 22:45, 11 November 2018 (UTC)[reply]
@Maxim: Also, you say you consider protection in an edit war? This is claimed to have started as an edit war, so, did you consider protection to stabilize the situation? Alanscottwalker (talk) 22:52, 11 November 2018 (UTC)[reply]
@Maxim: So nothing had happened, and yet you still could not wait for the Committee? Alanscottwalker (talk) 23:44, 11 November 2018 (UTC)[reply]
@Maxim: Did someone request that you do this? -- Alanscottwalker (talk) 00:34, 12 November 2018 (UTC)[reply]

Statement by Alanscottwalker

The committee, as much as individuals may not want, is required to open a case and examine all the circumstances raised, here, per policy.

First, once again, it is very poor idea as suggested by eg. WBScribe, that unless the committee is going to de-buercrat/desysop/ban/block Maxime or do something terrible to some other alleged malefactor they should not take a case. A case serves to create a record and clarify issues -- one of the things that is not acknowledged enough, is that because the committee takes and decides cases over the years, overtime the community has arrived at a better meeting of minds on policies, thier application, and the issues surrounding them, when it takes up matters (this is only reasonable, because the community really does not have deliberative processes, besides the Arbcom process, (we have, it rather seems, 'OMG, something has to happen', fests)).

And really, come on, when else will the committee be able to explicate, clarify, examine in light of FACTS its emergency process? Never?

Apart, from what would have been a Level 2, given the number of people involved, and the number issues: of provocation (outing? goading? personalization?), of edit-warring (rollback?) (on deep internal page far from content?); then blocks (involved?); a claimed "emergency" (to borrow a fire analogy, since they seem a popular analogy in these matters, 'if you come upon the remains of an arson, there are a whole host of reasons not to stir the debris'), when there is already an emergency process? There is a crying need for more clarity per Level II policy ("if the Committee determines that a routine reinstatement of permissions is not appropriate, normal arbitration proceedings shall be opened to examine the removal of permissions and any surrounding circumstances"). Alanscottwalker (talk) 15:09, 12 November 2018 (UTC)[reply]

Statement by Dave

Said it at ANI and I'll say it here - He should've been desysopped but I believe any sort of ban/sanction is OTT, He didn't go on a rampage blocking everyone and causing mayhem - He simply unblocked himself twice (which is still a dickish thing to do but point is it could've been much worse), I would suggest the committee decline this. –Davey2010Talk 19:51, 11 November 2018 (UTC)[reply]

Thanks
Iridescent
I've completely misunderstood why we're here!, This is what 6 hours sleep does to you lol,
Well I support Maxim's actions anyway. –Davey2010Talk 20:31, 11 November 2018 (UTC)[reply]

Statement by Galobtter

I'm curious what the committee members mean by "accept". we need to examine why the Arbitration Committee was unable to apply Level I in this situation, a clear example of what it was intended for would need to be discussed among the committee since only the committee would have access to the mailing list/know why three arbitrators were unable to ratify Level I desysop. what bureaucrats are meant to do in emergency situations. could easily be handled by motion/community RfC on whether bureaucrats can remove permissions in an emergency. I don't see how a case is supposed to help with either of those two questions. If the only purpose is to decide those questions, a case seems an excessively bureaucratic and prolonged way of doing so; the structure of case would not seem to aide in any manner in deciding these questions. Galobtter (pingó mió) 20:01, 11 November 2018 (UTC)[reply]

Examining the initial block might be worthwhile though; per my comments at
WP:ANI ([1][2]), that is really the more significant issue since the matter of desysoping for wheel warring/unblocking yourself is well settled. Considering this relatively recent motion in a similarish case of edit warring and then using the admin tools in the same dispute, a look at involvement in relation to edit warring would be beneficial. Galobtter (pingó mió) 20:23, 11 November 2018 (UTC)[reply
]

Statement by Rschen7754

Why couldn't the committee use level I?

If I had seen this earlier, I would have requested an emergency desysop from a steward, but when I saw this the self-unblocks were already 2 hours old. Speaking as a former steward, this could have been acted on by them if the wheel warring was still active. --Rschen7754 20:07, 11 November 2018 (UTC)[reply]

Statement by Ivanvector (re: Fred Bauder)

I would like to see the Committee formally endorse Maxim's action per

WP:LEVEL1, due to the sensitivity of the bureaucrat bit and the clear consensus at the community ban discussion
.

I also strongly recommend the Committee open a case to review the community's trust in

WP:NEVERUNBLOCK
is clear that administrators are not permitted to unblock themselves.

I don't know why these experienced editors felt the need to edit war over the placement of Arbcom candidate questions, and I think it might be wise for those editors involved in this to make a statement as to just what the hell they were thinking.

And to this last point I recommend that, since he has been desysopped by a bureaucrat ignoring the rules in the clear best interest of the project and so the immediate threat should be considered mitigated, Fred Bauder should be unblocked to participate in this case request. Ivanvector (Talk/Edits) 20:17, 11 November 2018 (UTC)[reply]

Statement by Cryptic

A link to the edit war that led to this seems conspicuous by its absence. [3]

Cryptic 20:33, 11 November 2018 (UTC)[reply
]

Statement by Beyond My Ken

I just want to make the (probably obvious) point that even if the initial block was INVOLVED, the self-unblock was not justified and worthy of an immediate desysop. Bauder could have asked any admin he trusted to look at the block and undo it instead of undoing it himself, if the block was a bad one. (I don't think it was, since even in Boing was involved, it would fall under the "any reasonable admin would take the action" considering the edit warring that was going on.)

As for Op.reg's comments about going fast fast - to a large extent that was conditioned by Bauder's wheel warring, which got us to the state we are in. Beyond My Ken (talk) 22:00, 11 November 2018 (UTC)[reply]

And while I'm here, I may as well say (for what it's worth) that I support Maxim's desysop of Bauder, which appears to me to be a spot-on application of what IAR was meant for. Beyond My Ken (talk) 22:03, 11 November 2018 (UTC)[reply]
Endorse Bbb23's suggestion. Beyond My Ken (talk) 22:20, 11 November 2018 (UTC)[reply]

Statement by Bbb23

@Opabinia regalis: You're in real trouble when I don't have to scroll down to the signature to know that it's your opinion. I agree with Opabinia's comments. There's a fair amount of blame to go around here, but I see no need to take anyone to task for it. Just confirm the desysop by motion, and we're done. You can't clean up the mess at ANI, but you don't have to extend it.--Bbb23 (talk) 22:12, 11 November 2018 (UTC)[reply]

Statememt by Beeblebrox

Clearly you don’t need yet another user telling you this but what the hell: take the case and resolve it by motion. I think that is the obvious path, Fred crossed a bright line, twice, so there’s no need to debate his other actions. The committtee has held in the past that doing so is not ok regardless of whether or not the initial block was justified. The community can decide what other remedies may or may not be needed, but only you guys can do the desysop which is mandated both by policy and very strong consensus of the community. And Maxim obviously did the right thing here in preventing the very real risk of further wheel warring, something that must be nipped in the bud ASAP.

talk) 22:53, 11 November 2018 (UTC)[reply
]

@
talk) 22:59, 11 November 2018 (UTC)[reply
]

Statement by wbm1058

I would like a ruling from the Committee on whether

WP:OUTING policy. wbm1058 (talk) 22:57, 11 November 2018 (UTC)[reply
]

It shouldn't be relevant that his real identity is known to Wikipedians. The question is whether the link reveals personal information of a harmful nature about Fred that he himself had not previously disclosed. – wbm1058 (talk) 23:19, 11 November 2018 (UTC)[reply]

I hear Littleolive oil's concerns (below), but am assuming that this edit wasn't oversightable, or it would have been oversighted by now. I'm asking if "this type of opposition research and the linking of off-wiki" information is prohibited under the OUTING policy, although it apparently falls short of being oversightable. Or, is this not a clear-cut infraction because, "context matters", and the question is appropriate in this context? wbm1058 (talk) 11:44, 12 November 2018 (UTC)[reply]

@Dax Bane and Serial Number 54129: I see one clear principle that applies here: Admins should not unblock themselves. Can you elaborate on what other applicable principle you see there? Thanks for pointing out this precedent to the Committee; I trust that they'll find it helpful. wbm1058 (talk) 15:53, 12 November 2018 (UTC)[reply]

Statement by Mz7

I think

WP:IAR
and desysopping unilaterally.

So with that in mind, I think the committee should think about replacing LEVEL1. My opinion on the best solution would be a change to the administrator policy that explicitly allows bureaucrats and possibly also stewards to make emergency desysops in certain

WP:LEVEL1
into such a policy.

Such a change would probably be in the purview of a community RfC, but doing away with LEVEL1 is for ArbCom to decide. Currently, the only entity that is technically allowed to perform involuntary desysops at its own discretion is the Arbitration Committee (and also the stewards, in "emergencies", but what is and is not an emergency is not well-defined). My thought is that this would just be a codification of existing practice, as most good policy proposals are. Mz7 (talk) 22:58, 11 November 2018 (UTC)[reply]

Statement by Littleolive oil

Fred's behavior aside; it is unconscionable to bring up an editor's personal life in an arbitration election whether before or after the inappropriate behaviour. I had hoped that here at least with admins and arbs we could be better than that. There is to excuse for this. None. Its just shabby!(Littleolive oil (talk) 00:44, 12 November 2018 (UTC)); edited (05:07, 12 November 2018 (UTC))[reply]

@Softlavender: Please see your user talkpage.(Littleolive oil (talk) 04:17, 12 November 2018 (UTC))[reply]

Statement by Black Kite

An admin running for ArbCom with fewer than 300 mainspace edits in the last six months, and fewer than 30 logged admin actions, who thinks they can unblock themselves because they've been here a long time and are more important than others? F*** that. Desysop them, throw them out of the ArbCom list, and let them go back to being anonymous. Seriously, I have no idea what Fred thought was going to happen when he popped up and ran for ArbCom. Many people here are aware of his past, so someone was going to raise it, weren't they? Black Kite (talk) 00:56, 12 November 2018 (UTC)[reply]

Statement by JzG

Seriously? Fred was last blocked in... oh, wait, he has zero previous blocks other than his own tests. Since 2002. This is Fred. fucking. Bauder. He was being trolled. Children born since Fred registered can legally marry now. Everyone just needs to walk away. Guy (Help!) 00:58, 12 November 2018 (UTC)[reply]

Statement by Govindaharihari

Statement by Softlavender

As per my opinion regarding the events surrounding the previous longterm admin who virtually never uses admin tools yet still holds the mop despite disruption spanning numerous pages/noticeboards/reports, I'm of the opinion that inactive admins who virtually no longer use their tools yet are creating disruption and violating numerous policies and/or guidelines should be and remain de-sysopped (until they re-run at RFA). Nostalgia for early adminship or for longterm associations is not a reason or adequate rationale for anyone to retain the mop who does not either use or merit it.

Question for Littleolive oil: You wrote "it is unconscionable to bring up an editor's personal life in an arbitration", but I can find no evidence of that occurring on this page, and nothing has been deleted. Could you clarify what you are referring to? Softlavender (talk) 04:02, 12 November 2018 (UTC)[reply]

Note to those who thought this matter was being handled at ANI (Lourdes, Serial Number 54129): It is not; the entire thread has been closed because the issue is now at ArbCom: [4]. -- Softlavender (talk) 04:14, 12 November 2018 (UTC)[reply]

Small point of order in response to Opabinia regalis: Boing! said Zebedee was not the only person's questions Fred Bauder removed at the Q&A: He also removed questions from Winged Blades of Godric and myself. And Fred Bauer was edit warring originally and mainly with Winged Blades of Godric [5]. All in all Fred Bauer made these reverts: [6], [7], [8], [9], [10], [11], [12], [13], which repeatedly removed over 13,000 bytes of questions from three different people. So I think stating or implying that Boing! said Zebedee was edit-warring with Fred Bauer over material he himself posted is very incomplete at best, misleading at worst. Softlavender (talk) 06:02, 12 November 2018 (UTC)[reply]

Note from Dax Bane

There's a couple of similarities between this request, and a past case the Committee may want to take note of. While AC doesn't normally follow precedent, perhaps any proposed motion can borrow a couple of principles from the case?
Just my 2c, Dax Bane 05:50, 12 November 2018 (UTC)[reply]

@Serial Number 54129 and Wbm1058: The similiarities I saw in the earlier case and this request was that an Admin had unblocked themselves and was demopped by a 'crat or steward (from what I can tell, this was also an IAR demopping) which was later confirmed by ArbCom. Dax Bane 17:25, 12 November 2018 (UTC)[reply]

Statement by WJBscribe

How does an RfC into use of

WP:IAR in future, it really doesn't have any option but to seek his resignation or removal as a bureaucrat. Adding a further rule that could also be ignored in a perceived emergency wouldn't change things. WJBscribe (talk) 10:41, 12 November 2018 (UTC)[reply
]

Statement by There'sNoTime

It's disheartening that something rather clear-cut is now being clouded by faffing around - when this incident began, it would have been reasonable to desysop via

WP:LEVEL1
("(a) an account appears to be obviously compromised, or is intentionally and actively using advanced permissions to cause harm in a rapid or apparently planned fashion, or (b) multiple accounts are actively wheel-warring."), however this had stopped relatively quickly and an "emergency desysop" was no longer required. Let's not labour that point though - it's done and dusted, and hasn't caused any harm to the project.

We're now at the point where

WP:LEVEL2
is the only option available for dealing with this - it's fairly clear these actions are "inconsistent with the level of trust required for [sysop]", and I don't think we've seen a "satisfactory explanation".

Is a "motion for removal of advanced permissions" currently being discussed on the list, and are we any nearer to it being "endorsed by a majority of active arbitrators"?

Once a

WP:LEVEL2
has been completed, or AC decide it is not appropriate, we can then continue the faffing a la "normal arbitration proceedings shall be opened to examine the removal of permissions and any surrounding circumstances.".

ArbCom, you do a thankless task whilst continuously being bombarded with criticism - I'm not sure how or why you do it, but thank you. -

💖 12:06, 12 November 2018 (UTC)[reply
]

Statement by Wumbolo

Boing is right; I wrongly stated in the ANI thread that he misused the rollback right. Boing didn't use rollback, and I no longer stand by my comment at ANI. I apologize for causing any confusion.

However, I uphold my criticism of Winged Blades of Godric, and believe that he misused his rollback right. Furthermore, I am worried by his comment at ANI (diff):

I understand that using rollback was not optimal but I am very willing to use it liberally, in dealing with extreme stupidity; which this was. (emphasis mine)

This strikes me as

WP:IDHT behavior and unwillingness to completely adhere to Wikipedia:Rollback#When to use rollback. wumbolo ^^^ 12:55, 12 November 2018 (UTC)[reply
]

Statement by 28bytes

Whether the questions Fred thought were inappropriate should stay on the questions page or be moved to the talk page should have been left to the electoral commission to sort out; that's what they're there for. There was absolutely no need to edit war over it.

Fred was duly sanctioned for his part in the edit war, but the folks who edit-warred against him seem to be doubling down on their actions, which concerns me. Neither of the people who repeatedly reverted Fred using rollback and Twinkle explained in an edit summary why they were doing so. Future Perfect at Sunrise, to his credit, offered a brief explanation for his action in the edit summary when he reverted Fred manually.

I'm not interested in more sanctions getting meted out - I accept that everyone was acting in good faith - but a general reminder from the committee about the expectations of automated tool use in edit wars would be welcome. 28bytes (talk) 16:01, 12 November 2018 (UTC)[reply]

Statement by User:Carrite

Admin Rob has identified the essence of this problem in his acceptance rationale: this is really a failure of the system, in that only Arbcom has authority to remove permissions and it is a cumbersome body that would seem to be incapable of making a quick decision on a fast shutdown of administrative rights in a situation like this. There needs to be a discussion about what to do in this sort of situation; software should also be adapted so that self-unblocking is eliminated or curtailed. That Fred Bauder should be losing tools in this fiasco seems too obvious for comment. Carrite (talk) 16:46, 12 November 2018 (UTC)[reply]

Statement by {Non-party}

Other editors are free to make relevant comments on this request as necessary. Comments here should address why or why not the Committee should accept the case request or provide additional information.

Fred Bauder: Clerk notes

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

Fred Bauder: Arbitrators' opinion on hearing this matter <7/0/2>

Vote key: (Accept/decline/recuse)

  • Recuse Whether or not he's a candidate (and he is now), I'm also recusing. Doug Weller talk 17:17, 12 November 2018 (UTC)[reply]