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Revision as of 13:53, 30 March 2011 editNuclearWarfare (talk | contribs)Edit filter managers, Autopatrolled, Administrators83,665 edits rv mention of R&I, against Coren and Risker's advice (and my explicit note against it)← Previous edit Revision as of 13:56, 30 March 2011 edit undoNuclearWarfare (talk | contribs)Edit filter managers, Autopatrolled, Administrators83,665 edits Dreadstar prohibited from acting as an administrator on pseudoscience topics: +Next edit →
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::::::'''Comment''' Ludwigs2 has just been instructed by the two drafting arbitrators not to mention ]. That instruction was left prior to his post above (3:13 and 3:52). The arbitrators left him no choice, so either he refactors the above comment or a clerk will do it for him. I do not edit in fringe science, nor am I an anti-fringe editor, whatever that is supposed to mean. Since this is about the fourth or fifth time that Ludwigs2 has behaved in this disruptive way during the case, probably some kind of admonishment or sanction might now be called for. Thanks, ] (]) 06:54, 30 March 2011 (UTC) ::::::'''Comment''' Ludwigs2 has just been instructed by the two drafting arbitrators not to mention ]. That instruction was left prior to his post above (3:13 and 3:52). The arbitrators left him no choice, so either he refactors the above comment or a clerk will do it for him. I do not edit in fringe science, nor am I an anti-fringe editor, whatever that is supposed to mean. Since this is about the fourth or fifth time that Ludwigs2 has behaved in this disruptive way during the case, probably some kind of admonishment or sanction might now be called for. Thanks, ] (]) 06:54, 30 March 2011 (UTC)
:::::::Mathsci, you're being silly. stop it. --] 07:27, 30 March 2011 (UTC) :::::::Mathsci, you're being silly. stop it. --] 07:27, 30 March 2011 (UTC)
::::::::For <>'s sake, not this again. Next time it's a block. '''<font color="navy">]</font>''' ''(<font color="green">]</font>)'' 13:56, 30 March 2011 (UTC)
::::::Ludwigs2 has written a series of unjustified insults. This is a very ill-advised route to follow. Sandstein has pointed out in his evidence that Ludwigs2's remarks above are more pointed than I first realised. In particular the penultimate paragraph is a series of unparalelled and unjustified personal attacks, which probably warrant a short site ban. Refactoring the above would be a first step in showing that he is editing in good faith. It doesn't look like that at the moment. He is being equally disruptive elsewhere. ] (]) 07:35, 30 March 2011 (UTC) ::::::Ludwigs2 has written a series of unjustified insults. This is a very ill-advised route to follow. Sandstein has pointed out in his evidence that Ludwigs2's remarks above are more pointed than I first realised. In particular the penultimate paragraph is a series of unparalelled and unjustified personal attacks, which probably warrant a short site ban. Refactoring the above would be a first step in showing that he is editing in good faith. It doesn't look like that at the moment. He is being equally disruptive elsewhere. ] (]) 07:35, 30 March 2011 (UTC)
:::::::We need to look at the substance of what he said however: he's being accused of something, really one of the worst things you can be accused of on Misplaced Pages which is consistent non-neutral editing. That may be true, but I haven't seen evidence of it. If it is ''not'' true, there have been significant accusations against him which need to be withdrawn. I agree that he's being disruptive in some sense, purely per CIV, but it seems more like frustration stemming from having been accused without proof. Perhaps he'd be less frustrated if you put together some evidence? '''BE'''—<span style="background:black;color:white;padding:2px 7px 4px 0px;text-shadow:white 0.118em 0.118em 0.118em;font-size:100%;">—'''Critical'''</span><sub>__]</sub> 13:50, 30 March 2011 (UTC) :::::::We need to look at the substance of what he said however: he's being accused of something, really one of the worst things you can be accused of on Misplaced Pages which is consistent non-neutral editing. That may be true, but I haven't seen evidence of it. If it is ''not'' true, there have been significant accusations against him which need to be withdrawn. I agree that he's being disruptive in some sense, purely per CIV, but it seems more like frustration stemming from having been accused without proof. Perhaps he'd be less frustrated if you put together some evidence? '''BE'''—<span style="background:black;color:white;padding:2px 7px 4px 0px;text-shadow:white 0.118em 0.118em 0.118em;font-size:100%;">—'''Critical'''</span><sub>__]</sub> 13:50, 30 March 2011 (UTC)

Revision as of 13:56, 30 March 2011

Main case page (Talk)Evidence (Talk)Workshop (Talk)Proposed decision (Talk)

Case clerks: NuclearWarfare (Talk) & X! (Talk)Drafting arbitrators: Coren (Talk) & Risker (Talk)

Misplaced Pages Arbitration
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This is a page for working on Arbitration decisions. The Arbitrators, parties to the case, and other editors may draft proposals and post them to this page for review and comments. Proposals may include proposed general principles, findings of fact, remedies, and enforcement provisions—the same format as is used in Arbitration Committee decisions. The bottom of the page may be used for overall analysis of the /Evidence and for general discussion of the case.

Any user may edit this workshop page. Please sign all suggestions and comments. Arbitrators will place proposed items they believe should be part of the final decision on the /Proposed decision page, which only Arbitrators and clerks may edit, for voting, clarification as well as implementation purposes.

Motions and requests by the parties

Decoupling

1) To depersonalise the discussion, the concrete behaviour of Dreadstar and Sandstein is decoupled from the general question of an overhaul of arbitration enforcement sanctions. Neither one's behaviour is enough to justify an ArbCom case in isolation, so they can be absolved (possibly with a slight reprimand if considered necessary) immediately.

Comment by Arbitrators:
Comment by parties:
  • Stephan Schulz is not a party to the case, so I doubt that this suggestion is in the right place; perhaps a clerk could move it to the talk page?

    I have no objection to procedurally decoupling the issue of admin conduct (although I have a different opinion about how that should be concluded, as outlined in my evidence submission) and issues related to AE more generally. But the latter topic is not really a dispute to be arbitrated and might be better addressed in a more open format such as an RFC.

    I also suggest that the underlying pseudoscience-related dispute between QuackGuru and Ludwigs2 (and their respective friends) be detached from this case, as it is either not ripe for arbitration, or if it is, it is likely so complicated that it deserves a dedicated case.  Sandstein  21:48, 12 March 2011 (UTC)

  • I disagree that Sandstein's behavior is not enough to justify an ArbCom case. as far as I can see he specifically abused ArbCom Enforcement because he wanted to stretch an unfortunate comment of mine into a 72 hour block. I understand that he was not trying to block you, so you may not care about that, but that kind of personal assault is not something I take lightly in any case, and particularly not when it is putatively done in the name of the arbitration committee. As people are fond of saying to me, wp:BOOMERANG applies. --Ludwigs2 23:43, 12 March 2011 (UTC)
Comment by others:
Proposed to help focus the discussion. --Stephan Schulz (talk) 21:35, 12 March 2011 (UTC)
I agree with what Stephan Schulz has proposed, particularly concerning the specific actions of Sandstein and Dreadstar. I also agree with Sandstein that any ongoing dispute between Ludwigs2 and other editors should be dealt with through the usual steps in dispute resolution (RfC/U, etc). Until those steps have been tried, any detailed discussion of those disputes in an ArbCom case, and in particular this one, seems inappropriate. Mathsci (talk) 23:12, 12 March 2011 (UTC)
I think it could be helpful to examine AE handling in isolation. I think, given Ludwigs' strong feelings on the matter, it would be only fair to examine the actions of Sandstein and Dreadstar. HJ Mitchell | Penny for your thoughts? 02:16, 14 March 2011 (UTC)
The "strong feelings" of an editor is not a sufficient condition to prompt an ArbCom case. Beyond My Ken (talk) 01:40, 15 March 2011 (UTC)
I didn't prompt it; I had it prompted upon me. If Sandstein didn't want his behavior examined he (a) shouldn't have blocked me on such irrational grounds in the first place, and (b) shouldn't have made an arbcom issue out of it when he was thwarted. --Ludwigs2 23:19, 16 March 2011 (UTC)
In point of fact, this case is about "Arbitration Enforcement handling," and would never have been accepted as an ArbCom case on any other basis. Evidence and proposals should stay on point. Beyond My Ken (talk) 00:45, 18 March 2011 (UTC)
Arbcom cannot reasonably rule on this case without deciding whether Sandstein was just abusing AE to prevent his predictably contentious block from being reverted. Sandstein asked for this case, and he got it. WP:BOOMERANG. Hans Adler 17:25, 18 March 2011 (UTC)

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Questions to the parties

Question for Sandstein

What was your basis for the following:

(a) determining that Ludwig2's post was sanctionable
(b) that the sanction should be made under the Pseudoscience arbitration enforcement regime rather than general community-based sanctions
(c) that you did not respond to Ludwig2's question asking for specifics about your warning
(d) your position that failure to respond to your warning within 2 hours was sufficient reason to block
(e) that you provided no other description of what would be expected to prevent a block than to "show cause"

Thank you. Risker (talk) 23:43, 15 March 2011 (UTC)

(a) It was a threat to disrupt Misplaced Pages in the context of a pseudoscience-related dispute. See related evidence.
(b) I am not aware of any community-based sanctions that apply to the pseudoscience topic area. If you mean, why did I not make a "normal" block based on the blocking policy and general user conduct policy, the Pseudoscience discretionary sanctions remedy appeared more immediately applicable to the situation at hand, because it makes clear that compliance with our conduct rules is particularly required of editors working in this topic area:
"Editors wishing to edit in these areas are advised to edit carefully, to adopt Misplaced Pages's communal approaches (including appropriate conduct, dispute resolution, neutral point of view, no original research and verifiability) in their editing, and to amend behaviors that are deemed to be of concern by administrators. An editor unable or unwilling to do so may wish to restrict their editing to other topics, in order to avoid sanctions."
Reliance on the Pseudoscience remedy, therefore, made the reason for the block more immediately clear than reliance on any more general policy would have.
(c) That was a mistake, as I have said in my evidence submission. Given that I had previously clearly enunciated, in the same thread, my specific concerns about Ludwigs2's threat, I assumed that Ludwigs2's non-response to these concerns reflected either a refusal to address them, or a lack of understanding that such threats are harmful. In retrospect, it would have been better, for the sake of clarity, to explain my concerns a second time.
(d) I did not take the position that failure to respond to my warning within 2 hours was sufficient reason to block. As explained in my evidence submission, I asked Ludwigs2 to respond within two hours of his next edit (that is, within two hours of his next being online), rather than within two hours of my message. Also, the reason to block was not failure to respond to a warning within a specified time, but making threats of disruption in the pseudoscience topic area (see subsection a, above).
(e) Rather than "please show cause why you should not be blocked for your threat", I could have said something to the effect of "please withdraw your threat or you may be blocked". But that would not have been very helpful, I believe, for the purpose of preventing repeated threats. What I sought to effect with my message was that Ludwigs2 would realize by himself that his threat was disruptive and withdraw it, rather than having to do so under the explicit coercion of the threat of a block. A clearly coerced withdrawal would not necessarily have reflected understanding on the part of Ludwigs2 that his conduct was inappropriate and must not be repeated.
But as I have said in my evidence submission, the warning could have been phrased better. Something like the following would have been preferable: "At , I have expressed concerns that your threat to "shout down" and "shut up" others, and that "things will get ugly" unless others are sanctioned, is disruptive. Please address these concerns in that AN thread or you may be made subject to discretionary sanctions under the Arbitration Committee's Pseudoscience decision."
In addition, under the provisions of the discretionary sanctions remedy, an individual warning (and thereby an opportunity to undo every single potentially sanctionable act of disruption) prior to each and every enforcement action is not required, as the assumption is (at least in AE practice) that editors will heed the warning to conform to the expectations regarding their conduct as set forth in the remedy after being warned at least once (in this case, as recently as January) about the possibility of discretionary sanctions. I could have, therefore, simply blocked Ludwigs2 with no warning whatsoever. If I am mistaken about that, and the Committee does expect that an explicit warning be given prior to any particular discretionary sanction, together with an opportunity to avoid that sanction, I recommend that you change the discretionary sanctions rules accordingly.  Sandstein  07:07, 16 March 2011 (UTC)

Proposed final decision

Proposals by 86.149.164.188

Proposed principles

<Principle name>-Proposed_principles">

1) Arbitration remedies mean nothing if any admin is free to simply undo anything they personally disagree with. Administrators are prohibited from reversing or overturning (explicitly or in substance) any action taken by another administrator pursuant to the terms of an active arbitration remedy, and explicitly noted as being taken to enforce said remedy, except: (a) with the written authorization of the Committee, or (b) following a clear, substantial, and active consensus of uninvolved editors at a community discussion noticeboard (such as WP:AN or WP:ANI).

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Proposed findings of fact

Dreadstar undoing

1) Dreadstar (talk · contribs · logs) undid a block which he knew was an arbitration enforcement action.

Comment by Arbitrators:
It would be more factual to state that Dreadstar undid a block which he knew had been claimed to be an arbitration enforcement action. Jclemens (talk) 00:21, 18 March 2011 (UTC)
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It's a bit flippantly worded, but would Jclemens prefer "Dreadstar undid a block that anyone with an ounce of sense can see quite clearly was an arbitration enforcement action."? DreamGuy (talk) 01:49, 25 March 2011 (UTC)

Proposed remedies

Note: All remedies that refer to a period of time, for example to a ban of X months or a revert parole of Y months, are to run concurrently unless otherwise stated.

Dreadstar desysopped for 1 month

1) Because of his disruption of the arbitration enforcement process, Dreadstar (talk · contribs · logs) is desysopped for a period of one month. After one month, his administrator access will be automatically restored.

Comment by Arbitrators:
  • I don't think we'll be heading in this direction regardless of what happens: historically, admin "suspension" have had poor results at best, and are difficult to justify as anything but punitive (which is rarely the right thing to do). — Coren  11:13, 16 March 2011 (UTC)
  • Excessive, even apart from the fact that administrators who are suspended often quit permanently. Newyorkbrad (talk) 00:21, 28 March 2011 (UTC)
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  • UnprecedentedNearly unprecedented and a bad idea. Either an admin is trusted, or he/she is not. If he/she is, there is no reason for desysopping. If he/she is not, there is no reason for restoring it. --Stephan Schulz (talk) 22:40, 13 March 2011 (UTC)

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Proposals by Ludwigs2

Proposed principles

Adopting the 'gorilla cage' rubric for fringe topics

1) Acknowledging the following:

  1. Readers come to the encyclopedia in order to learn about topics in their 'natural' context, not exclusively through the lens of relatively ill-informed critics
  2. Skeptical commentary and other forms of criticism should be restricted on fringe articles to the amount necessary to act as barriers - to prevent naive readers from being convinced that the fringe topic's worldview is normal and correct - and should never extend to active debunking or other means of denigrating the topic.
Comment by Arbitrators:
All I mean by 'natural context' is that we try to present fringe topics in such a way that readers can see them as they exist in themselves, and not exclusively as they exist in the minds of outsiders (of course, without allowing advocacy to take the page over). This is - again - what modern zoos do: they build 'habitats' rather than bare cages because they want to handle the animals naturally, with a certain amount of humanity and dignity, while at the same time keeping the animals from being an overt danger to the public. In the context of wikipedia this would mean creating a neutral description of what the fringe topic is about (what its adherents do, how they view the topic themselves, etc.) with appropriate framing to place the fringe topic in its proper context in the greater world (thus preventing it from absorbing the reader into its worldview).
An example: a few days ago (as part of an ongoing tussle at the Traditional Chinese Medicine article), BullRangifer (talk · contribs) complained that Herbxue (talk · contribs) had a COI and was a fringe advocate because Herbxue is (apparently) a licensed acupuncturist and a professor at a college of oriental medicine. Now it seems to me that a licensed acupuncturist and professor of oriental medicine would be a great asset to the TCM article in that he actually knows the material and can provide an accurate and detailed description of what TCM is and does. So long as there is no effort to (a) promote his own business or school, or (b) unduly promote TCM as a practice in general, where is the COI or advocacy? In fact, brangifer'sthis kind of complaint (which is a common kind of complaint from anti-fringe editors, and is to a large part the rationale behind MEDRS) is intended to force the TCM article to be described entirely through the lens of western scientific medicine, and more specifically entirely through the lens of skeptical criticism (since mainstream medicine doesn't have much to say about AltMed). in other words, brangifer et al it wants TCM to be described solely in the terms of scholars who do not know the subject well and have a decidedly jaundiced view of it to begin with. This is what I meant by the analogy of throwing it in a bare steel cage and plastering "stupid ugly dangerous animal" warnings all over it; this kind of thing produces acrimonious, argumentative articles which are painful to read and spurs the kind of synthesis from scientific sources that QG has engaged in, because editors keep reaching farther and farther to find sourcing for derogatory anti-fringe viewpoints.
One can describe a fringe topic fairly and neutrally in its own term without engaging in advocacy, and doing so produces a clear and informative article. This is, I think, what we want from an encyclopedia. --Ludwigs2 00:11, 17 March 2011 (UTC)
I'd like to note that my views and position are being misrepresented above. Ludwigs2 has not questioned me on this matter and has constructed several straw men above that say much more about his views of me, than about me. It stems from an assumption of bad faith. I'd rather stay out of this matter, but since he mentioned me, I want to make it clear that the only thing true about me written above is that I did mention the COI matter because at the time the editor who is now named Herbxue was part of a large and sudden influx of SPAs who seemed to be sock puppets and meat puppets. Many were and are still blocked. They admitted to coming in response to a blog post that said the article required fixing, and they, as professional acupuncturists, responded all at once. He declared his profession and intentions, and I warned that a COI existed and that editing should be done with care. It can most certainly be done, and is often a great asset when done properly. My comments were made in that historical setting. Herbxue and another editor remained and as long as they follow our COI policy they can edit. No problemo. At the time they didn't understand the policy and were actively attempting to make the article a sales brochure. That is of course a violation of NPOV. They are now potential assets to the project since we need their expertise, knowledge of sources, and POV to make the article more balanced. That is my true position, which is at odds with the caricature above. If Ludwigs2 will kindly refactor, I'll be satisfied. -- Brangifer (talk) 07:58, 18 March 2011 (UTC)
I'm going to repeat again, my POV is being misrepresented above, especially in this statement:
  • "in other words, brangifer et al want TCM to be described solely in the terms of scholars who do not know the subject well and have a decidedly jaundiced view of it to begin with."
That's just the opposite of my POV regarding ALL subjects (and shows bad faith, also toward the other editors). It's untrue and also a straw man ad hominem argument. Please strike my name. -- Brangifer (talk) 05:33, 22 March 2011 (UTC)
Thanks for fixing that. I'm not perfect, but that didn't represent my editing philosophy. -- Brangifer (talk) 07:09, 22 March 2011 (UTC)
The meme that any editor who practices some form of complementary/alternative medicine (CAM) professionally automatically has a COI has occasionally been brought up by anti-CAM editors, but to my knowledge has always been shot down. For instance there was ScienceApologist's frivolous report of an acupuncturist. You should know about it since you commented in a later AN thread about another such report, in which this was referenced. (By the way, I find the role of Kww in that thread and in the present case interesting. This editor had so far stayed below my radar.)
While we don't automatically defer to expert editors, they are of course our most valuable resource, and WP:COI#Examples is pretty clear that this is not what COI is about. ("Editing in an area in which you have professional or academic expertise is not, in itself, a conflict of interest.")
The idea that this is somehow not the case for fringe topics is part of the extreme anti-fringe position which holds that Misplaced Pages should not describe fringe topics in detail, except for the parts that can be debunked. Hans Adler 09:40, 18 March 2011 (UTC)
It also applies to other editors, but is normally only mentioned when it's a problem, or when the editors involved don't know of the policy and have expressed intentions that would violate policy. Then it becomes relevant. The current situation was very much such a situation and a number were and are still blocked. Even the subjects of articles may edit their own articles if they understand our policies. When they show that they don't, they usually receive some form of warning/advice about the matter and many then become very valuable contributors. As I have stated many times, including above, we need subject experts on these very subjects. That they are often more interested in pushing a POV in a manner that violates policy is not my fault, and it's not improper to point it out. It's too bad it happens so often. OTOH, I have been fortunate to work with some of the most COI affected editors who ended up creating very good content, so I know they exist. -- Brangifer (talk) 15:37, 18 March 2011 (UTC)
@ brangifer. The scope of my example above was limited to this statement only: you explicitly said these things - which are en clair (if mild) personal attacks against other editors - with complete impunity. It's not the first time (by far) that you've gotten away this; you're not the only editor (by far) who has gotten away with this; if I tried the same tactic on you or others I would get immediate warnings and calls for refactoring. The greater problem here is that you and other anti-fringe editors have become accustomed to advancing your position by attacking and undermining editors who oppose you. Yes, I do see you all use valid sourcing and content arguments, no problem there, but if you look at the talk page of almost any fringe article you will inevitably find numerous assaults on the character, reputation, motives, intelligence, or other personal characteristics of editors simply because they are editing from a position that you all disagree with. The more heated the page gets, the worse it gets, so that highly-conflicted talk pages read like one long laundry list of the personal and intellectual flaws of anyone who dares to say anything positive about fringe topics.
Claims about behavioral violations - like COI, SPA, sock/meatpuppetry, vandalism, advocacy, etc. - are serious matters that should never be used as casual rhetorical ploys to undermine content discussion. The fact that anti-fringe editors are comfortably allowed to do so systematically just reeks of prejudice and bias, and sets up an ugly confrontational atmosphere on talk pages (since these supposed pro-fringe editors not only have to present valid content arguments, but are also forced to argue against the continuous and unjustified personal attacks that are so freely made).
Just as an aside, if you want to know why I'm such a grumpy ass at times, it's because I have a kneejerk response (developed over years of academic infighting) to demolish ad hominem arguments with prejudice. In academia this is functional behavior - people who make ad hominems usually do it accidentally and generally are embarrassed about it, so one acerbic shot across the bow and they snap right back to reasoned argument. On wikipedia, it's periodically dysfunctional, because a lot of editors don't recognize an ad hominem for what it is (or maybe have a sense of entitlement about it, as though they should be allowed to speak that way) and consequently aren't embarrassed by it. that means my kneejerk response sometimes blows up into a full-scale critique of their reasoning style, and that's never pretty.
I don't really want to fault you for that single statement. I want to fault you and everyone for indulging the endless, constant stream of such statements, which gives the very strong impression that anyone who edits fringe issues is a second-class citizen undeserving of the the kind of civil treatment everyone else expects. --Ludwigs2 16:44, 18 March 2011 (UTC)
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We should not try to convince readers of anything or prevent them from being convinced. Doing so is WP:Advocacy. An assertion in article that a subject is definitely "fringe" or "gorilla" can be NPOV violation if there is a dispute among experts if the subject or theory was indeed "fringe".Hodja Nasreddin (talk) 21:46, 14 March 2011 (UTC)
Content issue so outside general remit of ArbCom. Also amounts to saying that certain special topics should get a sympathetic rather than neutral point of view. That's unacceptable, going against core Misplaced Pages policies as well as core Foundation policies. JoshuaZ (talk) 03:22, 15 March 2011 (UTC)
You are misrepresenting Ludwigs2's statement. To arbitrators: This happens all the time and explains Ludwigs2's bad reputation. Whenever he speaks out against excesses such as repeating incessantly that a topic is pseudoscientific but suppressing much of the noteworthy information which makes it so, this is interpreted as pro-fringe POV pushing. Hans Adler 09:14, 15 March 2011 (UTC)
Excuse me? Is what Ludwig is proposing not a specific way of handling specific POVs? Because I read it essentially as saying to ignore WP:UNDUE. JoshuaZ (talk) 21:03, 15 March 2011 (UTC)
Then read it again without the assumptions of bad faith. Ludwigs2 is promoting a slightly softer approach for dealing with pseudoscience than what I consider ideal, but I can still see that this approach is perfectly reasonable. After all, it's the approach that standard encyclopedias such as Britannica take. We are actually a lot more sceptical than they are, at least in articles that get sufficient attention. See WP:Requests for arbitration/Paranormal#Appropriate handling of epistemological status, no content for an Arbcom principle that also indicates that when treating fringe we need to strike the right balance between giving it undeserved credence and falling into Skeptical Inquirer style, and gives a good hint where that balance can be found.
Incidentally, for me the reason I don't consider what Ludwigs2 calls "active debunking" a good idea is that it tends to undermine all the sceptical statements in an article, making them ineffective. Hans Adler 22:07, 15 March 2011 (UTC)
I don't have an "assumption of bad faith" and I slightly resent that implication. The point is that we can't treat a subject differently from others. NPOV and reliable sources are what matters. And making a "gorilla cage" would be treating them differently. There's been very little evidence that I can see of treating fringe subjects like the strawman you have created (among other differences, note that entities like SI are more than willing to engage in OR). I don't know precisely what you mean by active debunking, but if I understand the point, then I agree, not because it "undermines" the skeptical arguments but because it isn't NPOV. NPOV is what matters. JoshuaZ (talk) 16:06, 17 March 2011 (UTC)
@ JoshuaZ: I don't know about bad faith, but I do think you are misrepresenting what I said. When we write about a subject like 'physics', we describe the topic neutrally, using sources that know the material well, and we get offended when when editors use sources which do not know the material well (like fringe sources) to try to take over the article. All I'm suggesting is that we treat fringe articles the same way - allow sources that know the material well to describe it, and restrict editors from using sources that do not know the material well (such as skeptical sources) from dominating the discussion. Of course, with fringe topics we have the complication that we need to contextualize them in such a way that they do not appear to be 'true', 'accepted', or 'mainstream' in ways that they are not, but that's easy enough to handle without giving the articles entirely over to critiques.
We do this naturally in almost every other area of wikipedia: for instance, we would not allow our articles on Islam or Buddhism to be written solely from Christian sources. Can you imagine what would happen to an editor who came along and said: "All Muslim sources are advocacy texts and therefore unreliable as sources, so we must write our articles on Islam solely from the perspective of reliable western/Christian scholars."? Yet this argument is almost a mantra on fringe articles. Why should that be? --Ludwigs2 16:50, 17 March 2011 (UTC)
You are missing the point. The problem with most of the fringe sources is that they aren't reliable. For example, they aren't subject to peer review like scientific journals and this is reflected in their lack of integration in the overarching body of scientific knowledge. That's why t you also get "experts" in these areas saying almost diametrically opposite claims about how their belief works. Many of these sources are essentially self-published. Moreover, we do treat mainstreams scholarship about religions as more reliable than random claims by people who happen to be members. A claim from a member of a religion doesn't make it more reliable. That's why for example our article on the Torah contains a large amount of material about the standard scholarly explanation of where the text arose. Yes, proponents of a belief can often be reliable sources for what they believe. But they are deeply problematic for statements about their own groups as a whole. Thus a sociologists or anthropologist who has statistics and largescale evidence to back them up is a better source for a community's beliefs and norms than individual community members. This doesn't mean we can't use say a homeopath as a source for about homeopathy but it does mean we need to be careful especially when we for example have one homeopath saying it works off of "quantum physics" and another says it depends on "energy vibrations". We don't need a special policy for any of this. This all follows from WP:RS/WP:V/WP:NPOV and other policies. JoshuaZ (talk) 21:24, 17 March 2011 (UTC)
No, Joshua, you're missing the point. We do not need to worry about whether fringe science sources are peer reviewed because we should not be evaluating fringe sciences as true or false, we should simply describe them as they are. Peer reviewed journals are good sources for sciences because peer reviewed journals offer conventional, mainstream understandings within those sciences; peer reviewed journals have no special standing with respect to topics that lie outside those sciences. In other words, a peer reviewed medical journal would be a good source for the claim that 'magnetic healing bracelets' have no medical benefits, but it would be an abysmal, unreliable source for describing how 'magnetic healing bracelets' are supposed to work. That description is something one can only get from a fringe source.
So, we should use fringe sources to describe how fringe topics are supposed to work, and then use mainstream sources as needed to build a firebreak, so that no reader gets sucked into the fringe source description.
You - like a lot of anti-fringe editors - are confusing NPOV with 'truth'. You think to yourself "Peer reviewed journals are 'more true', and so peer reviewed material must always be better than non-peer-reviewed material." But in fact, peer reviewed material is only 'more true' with respect to a narrow range of subjects that are covered by the discipline. One can trust a medical researcher to know the effects that a given drug has on the body (if that drug has been tested), but medical researchers are no more reliable with respect to (say) the theory or history of Chinese medicine than they would be with respect to (say) the poetry of Ezra Pound (and here I'm assuming you don't want to apply MEDRS to Ezra Pound articles, correct?). Put bluntly, scientists generally don't have any useful information about fringe science except to the extent that they can tell us it doesn't work; If we want to talk about how it's supposed to work (even acknowledging that it probably doesn't) we have to look to fringe sources to explain it.
To my mind, if someone comes to wikipedia to look up a fringe topic, what they are mostly interested in is how it's supposed to work. We have an obligation as an encyclopedia not to let the article get carried away so that readers thinks it actually does work, but if all we're offering them for an explanation of how it's supposed to work is some snide commentary by a professional egghead who knows next to nothing about the topic, then we are one piss-poor, sorry-assed excuse for an encyclopedia. --Ludwigs2 22:38, 17 March 2011 (UTC)
On the contrary, I'm not confusing truth with neutrality at all, and the fact that you see it that way demonstrates that you really aren't listening or have some sort of anti-fringe straw viewpoint which you are pigeonholing viewpoints into. I agree that we need to explain to our readers how fringe proponents say their ideas work. And I agree that articles shouldn't have snark or snide remarks attacking those beliefs. Those are easy consequences of basic policy. That's almost trivial to the point of silliness. But on the rest you are wrong. The reason we care about peer review is because it is a good way to determine reliability. Misplaced Pages policy cares not one bit about truth. But, as far as we are concerned, peer reviewed journals are some of the most reliable sources out there. Yes, we can in some circumstances use fringe sources to talk about their beliefs about how their ideas work; that's a consequence of SPS among other things. And no, a medical journal would be more reliable about the history of Chinese medicine than about the poetry of Pound, precisely because medical journals sometimes delve into medical history. But do you know who would be better than both a medical journal and a practitioner? A historian. It isn't all just scientists and fringe believers. There are quite a few other sources out there. You've also completely ignored the point that different proponents of fringe beliefs make different claims about why they should work. If we have a large number of essentially SPSs or low reliablity sources giving different descriptions about how a given fringe belief works, then the best thing to do is to take the form of those beliefs that is most common, what's a good guide to which is most common? Well, that's a difficult thing to determine without engaging in original research, but in general mainstream sources which don't have a dog in the fight are a pretty good guide. Thus, for example one can find plenty of non-fringe sources talking about the history general principles of homeopathy. JoshuaZ (talk) 23:03, 17 March 2011 (UTC)
I hate it when people make me repeat myself, but as a gesture of good faith I will do so. Peer review makes a journal reliable for a narrow range of subjects covered by the discipline. Peer review is a process of expert verification; it is not fairy dust that gets sprinkled over articles so that they are reliable, always, everywhere, and for everything. I understand that 'reliable' is the new 'true' on wikipedia, and I don't even really care about that; but magical thinking about scientific journals is not helpful.
Now, I have no problem with a good historian, and would probably prefer a good, scholarly historical assessment of a fringe topic. I've never actually seen a skeptical editor try that, and the couple of times I've tried to introduce historian writings into fringe articles they were instantly challenged as being 'fringe sources': apparently even writing about the history of fringe topics makes one fringe. However, if the choice is between using a fringe source which knows about the topic and a mainstream source which doesn't, the fringe source would clearly be superior (except, as noted, for the narrow purpose of demonstrating the fringe idea doesn't work). If two fringe sources disagree with each other, we already have policy (wp:WEIGHT) that allows us to balance between them. I don't disagree that there are other sources out there - not that I've seen them used, mind you, but I have no objection to them - I'm just pointing out the steep limitations of peer reviewed articles. If what you're saying is that we should use whatever sources work best to give a decent, neutral description of fringe topics in their own terms - hurray! we agree! Is that what you're saying? --Ludwigs2 23:37, 17 March 2011 (UTC)
Of course peer review isn't "fairy dust" and no one is claiming it is. That's a ridiculous straw man. The claim is that in general, peer reviewed articles are more reliable on average than almost anything else. I'm deeply concerned that after explicitly saying that we don't care about truth, you've now stated "I understand that 'reliable' is the new 'true' on wikipedia, and I don't even really care about that" I'm not fully sure what this means but I can't think of an interpretation that looks good at all. Misplaced Pages relies on reliable sources. That's not negotiable whether or not you care. To confuse that with truth is a deep misundestanding of basic Misplaced Pages policy and guidelines. Have I misunderstood oyu?
Moving on to your second, less problematic but still misguided paragraph, I'd be very curious to see examples where you as you claim provided sources that were from historians that were dismissed as fringe. That would in general be problematic (barring other problems such as the historians being themselves deeply involved in the fringe belief in question.) But even that isn't at all relevant to anything being discussed here because that indicates a problem with editors not with policy. You seem to be thinking in terms of some form of WP:BATTLE where if you can show bad sourcing behavior by "anti-fringe" editors that somehow nets you points. You are correct that we agree that "work best to give a decent, neutral description of fringe topics in their own terms" except that I add in an important caveat, it isn't just the sources that work best, but the reliable sources that work best. And per policy and guidelines, more reliable sources work better. This is basic Misplaced Pages policy. It doesn't matter if there's a really detailed source out there on some personal webpage or blog. Even if that source would "help" a lot it is offlimits. We must foucs on reliable sources. And more reliable sources must be given more weight than unreliable sources. JoshuaZ (talk) 00:10, 18 March 2011 (UTC)
Look, Joshua, I know precisely what reliability means: It means that we can generally expect a source to give accurate portrayals of a particular topic. A peer reviewed medical journal, for instance, is reliable for a certain subset of medical topics because the people who submit to the journal and the people who review the submissions are all medical professionals working in those areas of medicine. That's what makes it reliable. A peer reviewed medical journal is not reliable for any topics outside that certain subset of medical topics, because the people who submit and the people who review have no particular expertise for topics outside their subset. Statements like "peer reviewed articles are more reliable on average than almost anything else" are dramatically misleading: peer reviewed articles are highly reliable for claims made within their bailiwick, but are not remotely reliable for claims made about other topics.
Trying to make the claim that "peer reviewed articles are more reliable on average than almost anything else" in some general sense is just nonsensical. Going back to the TCM example: medical doctors do not study TCM, they are not expected to have any training in or knowledge of TCM, so an article about TCM in a medical journal - even if it passes peer review - is only highly reliable to the limited extent that it discusses things medical doctors in that specialty are qualified to evaluate. It may have some reliability outside of that (if, for instance, the doctor writing the article happens also to be a TCM practitioner of some sort), but that would have to be judged on a case-by-case basis. If you try to push the claim that all medical doctors are always qualified to evaluate TCM because medical doctors are qualified to evaluate 'all things medical', then you have confused reliability with truth by asserting that doctors (because they know 'true' medicine, assumedly) are competent to evaluate something that they don't actually have any information or knowledge about. This is a very common move by skeptical editors on wikipedia - which is what I meant by 'reliable' has become the new 'true' - but the fact that lots of editors do it does not make it sensible. As I said, reliability is not fairy dust: a source is reliable for a particular purpose within a given context, and not outside it. Trying to claim a source as reliable outside its purpose and context is always original research.
with respect to the other... the one that springs to mind was from a while ago (back when I first started editing) on the QuackWatch page. there were a couple of academic sources (I remember a scholar named Ernst was one of them) that had written books on the history and anthropological significance of alternative medicine, and were overtly critical of QuackWatch and Stephen Barrett. QuackGuru and ScienceApologist (who is no longer allowed to edit) argued quite vehemently that these academic sources were fringe sources and that their criticism of QuackWatch and Barrett had to be excluded from the article. we went back and forth over that for weeks - Hans Adler might remember better than I; I believe he was one of the participants in that. I know I've run across more recent examples, but I'll have to dig them up if I get the time. --Ludwigs2 02:19, 18 March 2011 (UTC)
Regarding your first paragraph, that's inaccurate. Peer reviewed journals do a better job fact checking than most other entities. Moreover, they have clear chains of responsibility for content that is not at all the same as when something is published by a random individual. Moreover, doctors are in general more qualified to evaluate efficacy claims than other individuals; I agree that for matters of history and the like they aren't necessarily more qualified, but that's a very narrow claim. Similar remarks apply to the last bit: a historian isn't qualified to criticize something like Quackwatch or Stephen Barrett about medical matters. If Barrett did badly on some matter of history or anthropological significance, then they would be qualified. In any event, as I already tried to explain to you, the issue here has nothing to do with specific editors, and your repeated attempt to personalize this is disturbingly combative. Whether individual editors have made bad edits (or indeed, that some have been disruptive to the point of banning) is utterly besides the point of the claim in question. JoshuaZ (talk) 20:57, 23 March 2011 (UTC)
Joshua, you asked for an example of a dispute, and examples of disputes involve other editors (otherwise it wouldn't be much of a dispute). Don't accuse me of personalizing because I gave you what you asked for. With respect to the rest - Did you really just ignored everything I said and baldly repeat the point I've spent multiple paragraphs refuting? That is not a functional way to have in a conversation. If you cannot address the reasoned argument I made in a reasonable way, please have the grace not to drag the conversation in pointless circles via IDHT. Thanks. --Ludwigs2 21:55, 23 March 2011 (UTC)
It might help to reread what I said. I did ask for an example and you gave it. It happens to be a poor example (for the reasons I outlined) but that's a side issue. The personalizing/battle perception I referred to (which you'll note that I expressed concern about before you gave your example) was relevant in this case because you felt a need to add irrelevant details about SA's community status when discussing your example. That seemed to be, and still seems to be, an attempt at point scoring. Arguments are not soldiers; we're trying to work together to build a neutral encyclopedia. Try to remember that. JoshuaZ (talk) 19:37, 29 March 2011 (UTC)
lol - okie dokie. --Ludwigs2 20:11, 29 March 2011 (UTC)
I have been puzzling over the metaphor here for a while. Ludwigs2, are you saying that you think Misplaced Pages sometimes puts up so many "safety devices"—bars on the gorilla's cage—that not only is the gorilla unable to escape (good), but also that the visitors will be unable to see the gorilla (bad)? WhatamIdoing (talk) 20:31, 29 March 2011 (UTC)
Essentially yes, though I tend to think of it more as the difference between displaying fringe topics as funny-looking, dangerous beasts locked behind iron bars (the way that circuses and old-school zoos would habitually present animals in cages), and displaying them in something resembling natural conditions so that people can appreciate them for what they are (like the habitats that modern zoos build for animals). The classic cage and the modern habitat are equally good at protecting the viewer from the animal, but habitats give a better understanding of the animal than cages (which make the animal look pathetic and abused). There are too many editors on project who make it their business to try and prove that fringe theories are stupid and wrong, and that people who believe in them are either charlatans or gullible fools. we don't need to go to those extremes in some misguided effort to 'lock down' fringe topics so they can't hurt anyone. --Ludwigs2 22:09, 29 March 2011 (UTC)

No special favoritism for anti-fringe editors

2) Editors are not exempt from policy or sanctions simply because they are opposing what they perceive as fringe advocacy. in particular, defaming other editors by referring to them as fringe advocates, suggesting they have COIs, asserting that their edits are unreliable because of off-wiki activity, or otherwise trying to insist that they are unreliable people because of their editing choices should be sanctionable under wp:CIV, and violations of content or behavioral policy should not be overlooked because the violator is perceived to be fighting a good cause. Administrators who show a consistent bias in warnings or sanctions of this sort may be desysopped.

Comment by Arbitrators:
Comment by parties:
Comment by others:
Yes, it is unacceptable to defame other editors by referring to them as fringe advocates. This is usually done without any proof. Besides, what should be defined as "fringe" belongs to content disputes.Hodja Nasreddin (talk) 21:50, 14 March 2011 (UTC)
Fringe is a descriptor without intrinsic negative connotations. It is a neutral term as opposed to for example pseudoscience or crankery. Also, generally "defamation" is a technical term referring to spoken statements, and has no relevance at Misplaced Pages. JoshuaZ (talk) 03:22, 15 March 2011 (UTC)
Telling that theory was "fringe" is fine (if supported by sources). Calling a participant of the project a "fringe advocate" is not a good idea.Hodja Nasreddin (talk) 16:46, 15 March 2011 (UTC)

Arbitration Enforcement remedies only intended for article and article talk space

3) Arbitration Enforcement remedies are designed to allow easy handling of problematic behavior in article and article talk space, to prevent both the flare-up of disputes in given articles and the exportation of disputes to different articles. They are not intended to be applied to administrative pages, where discussion of long-term issues is normal, expected, and sometimes necessary for proper dispute resolution.

Comment by Arbitrators:
This begs the question that we will have to consider: are sanctions designed to protect the encyclopedia (that is, the article and article talk space) or the project (which includes all namespaces)? Jclemens (talk) 00:43, 18 March 2011 (UTC)
Perhaps. I am more concerned with AE becoming a tool by which one administrator can unilaterally and permanently suppress the discussion of a given issue. If AE sanctions can be applied anywhere, then that's perfectly feasible - warn and block anyone who mentions the issue anywhere, and soon no one will mention the issue again in any forum out of pure fear. That would be draconian even for real problems, and if it's used to suppress certain kinds of content additions or protect certain editors from ever having their actions questioned, well... that's just ugly. --Ludwigs2 02:08, 19 March 2011 (UTC)
This thought has not escaped ArbCom, and I expect it will be dealt with. In fact, I'd say it was a key element of accepting this as a case, instead of just attempting to resolve it by motion. Jclemens (talk) 15:54, 21 March 2011 (UTC)
That said, regardless of the applicability of AE remedies outside of article / article talk, there has always been an explicit exception for good faith dispute resolution. Certainly, making a normal appeal of such a saction would always be allowable. — Coren  17:07, 28 March 2011 (UTC)
Comment by parties:
I have submitted evidence that shows that this proposal is at odds with longstanding AE practice. It is not only a novel idea and has no basis in the actual wording of the discretionary sanctions remedies, but is also a very bad idea. Arbitration regulates conduct, not content; and disruptive misconduct (outing, harrassment, meat- or sockpuppetry, canvassing, BLP violations, etc.) can and does occur in any namespace. It would make no sense if administrators could sanction, say, a BLP violation in an article or on an article talk page ("Foo is a baby rapist!") but not, say, in an AfD ("Strong delete because baby rapists do not deserve an article!"). Disruptive conduct on any Misplaced Pages page is ultimately detrimental to the calm and collegial editing environment that the Committee's decisions seek to maintain, and thereby impairs productive article work.  Sandstein  21:52, 21 March 2011 (UTC)
Response to Sandstein, T. Canens, Hodja: The point of this is that there must be someplace where the fear of sanctions does not reign. The threat/use of discretionary sanctions is useful in areas dedicated to content discussions (article talk, content noticeboards, possibly even AfD pages), but applying it to administrative pages like ANI doesn't help develop content; it merely stifles editors from raising or addressing ongoing problems. Administrative pages are chock-full of administrators, so I think it's safe to say that anyone who tries to disrupt them will be handled easily under normal sanctioning processes - why should one admin need to unilaterally apply AE measures when there are dozens of admins present who can quickly reach a consensus about normal behavioral measures? If it's really disruptive, consensus should be easy to reach; if it's not disruptive, then one admin should not be crushing the discussion in such a heavy-handed way.
Don't get me wrong: I've been the subject of tendentious ANI campaigns . But the freedom to speak freely about problems with other editors vastly outweighs the convenience of quick-and-dirty discretionary sanctions. Discretionary sanctions are simply not needed at administrative pages, and they open a door to certain kinds of abuse that we ought to leave closed.
I don't really care about the history of it (sandstein) - I'm sure it's been done well on many occasions, but multiple examples of effective use does not imply it is needed or justify the potential for abuse. Nor does this make 'battleground behavior and other misconduct' untouchable, it merely means that on ANI (and etc) admins have to use more normal, consensus-based procedures for dealing with it (that was a pretty hefty straw-man you used, Timo). When applied to administrative pages, AE has no real advantages over more conventional processes and adds an unconscionable potential for abuse, so it shouldn't apply there. --Ludwigs2 23:29, 21 March 2011 (UTC)
Comment by others:
Re to Luwdigs: You tell: "I am more concerned with AE becoming a tool by which one administrator can unilaterally and permanently suppress the discussion of a given issue." I do not see any evidence of this. Of course, if someone explicitly made decision "we forbid to discuss such and such issue" (for whatever reason), that would indeed be the case. Hodja Nasreddin (talk) 16:25, 21 March 2011 (UTC)
So admins would be powerless to sanction someone who files frivolous AE requests or AFD disruption? Suppose two different people created socks to !votestack at AfD, but one of the socks also made a minor edit to a covered article. We would have the ability to sanction one but not the other? Or that battleground behavior and other misconduct is untouchable as long as it is not article talk (e.g., one cannot misrepresent sources on article talk, but can do so with impunity on project talk or user talk)? This is a horrendously bad idea. T. Canens (talk) 21:16, 21 March 2011 (UTC)
A namespace-based distinction is inherently arbitrary and ripe for gaming. Perhaps community based sanctions can be a substitute, but you are still treating very similarly situated users differently based on solely where they post (and getting enough users to look at a claim that an editor is systematically misusing sources is very hard - most people do not feel like going over a dozen diffs and sources in a highly controversial area; not to mention that partisans from both sides would no doubt get involved). If you can come up with a proposal that can clearly delineate what you call "administrative pages" without the serious gaming potential it may actually be worth discussing. And there's already "someplace where the fear of sanctions does not reign": WP:A/R/C, WP:A/R/A and WP:A/R/CL. AE traditionally does not interfere with arbcom's own pages. T. Canens (talk) 16:39, 23 March 2011 (UTC)
All I'd really meant by it was that pages where people go to raise issues about other editors should be exempt from AE sanctions. That would include AN, ANI, ArbCom pages, Wikiquette, probably RFC/U pages... The details could be adjusted, obviously, but the point is that editors should not be put in a position where they are completely incapable of raising concerns about other editors' behaviors. How can anyone every discuss and possibly resolve a problem with the behavior of an editor like QG, if any mention of any such problem anywhere is subject to sanction under AE? --Ludwigs2 19:33, 29 March 2011 (UTC)
This discussion has been closed. Please do not modify it.
The following discussion has been closed. Please do not modify it.
Ludwigs2 has made allusions to WP:ARBR&I, which is wholly unrelated to this case. That case has terminated. Almost all of the findings and proposed measures presented by Ludwigs2 during that case were not taken into account in the final decision. Given that, it is not a good idea to persist in repeating claims which were not accepted by ArbCom. As others have said in their initial statements prior to this case being opened, Ludwigs2 seems to have too much confidence in his own powers of judgement. Here his personal views run contrary to everything ArbCom has enacted.Mathsci (talk) 01:38, 22 March 2011 (UTC)
Mathsci, I have been avoiding discussing the R&I debacle as much as possible, aside from the occasional off-hand referent, despite the fact that that it is an excellent example of the systemic problems I'm talking about (e.g. the fact that I could probably find more than a hundred separate diffs of anti-fringe editors attacking other editors: as fringe advocates, over imaginary COIs, with unverified accusations of puppetry, collusion, or other bogus policy violations). I am now considering adding it to my evidence regardless, just because you keep jumping on me about it. There is no sense in my being discreet and considerate if you're not going to return the favor. --Ludwigs2 04:53, 22 March 2011 (UTC)
Ludwigs2 mentioned WP:ARBR&I here, not me. Already some days ago on the talk page of this workshop I requested that that case not be discussed because it has no bearing whatsoever on this one. I repeat that request here for the third time. Could Ludwigs2 please just move on and please stop making threats, either in his posts or in his edit summaries ("don't open this can of worms unless you want it opened all the way"). Thanks, Mathsci (talk) 14:45, 22 March 2011 (UTC)
Comment Ludwigs2 attempted to archive these comments. That is a matter for clerks to decide. Ludwigs2 should please leave this kind of thing up to them. Thanks in advance, Mathsci (talk) 17:55, 22 March 2011 (UTC)
God have mercy... Can a clerk please move this obviously off-topic thread over to the talk page where it belongs? If Mathsci still wants to hunt my a$$ after all these months there's not a damned thing I can do about it, but even he should realize that he shouldn't be indulging in this crapulence on the workshop page. --Ludwigs2 18:10, 22 March 2011 (UTC)

Discretionary sanctions limited; Justifications required

4)

  1. Arbitration Enforcement discretionary remedies should be limited in scope to dealing with clear, immediate, and well-defined problems. Vaguely defined problems, tangentially related issues, perceptions that a problem might manifest in the future, or similarly speculative concerns are not actionable beyond warnings.
  2. Any administrator applying a discretionary measure is required to give a clear justification for the action with in 30 minutes of imposing it.
    • This should be done the Arbitration Enforcement page, or at a special enforcement log page dedicated to this purpose.
      • sanctioned editors should always have access to this page, even if blocked, so they may contest the measure.
    • This must include diffs and discussion of the specific triggering event that caused the measure to be applied, and an explanation of why warnings, requests to refactor, cease-and-desist requests, or less powerful measures would not have been adequate in the given case.
  3. Sanctions not justified within 30 minutes of being imposed are automatically overturned, and may be undone by any admin without discussion. Regular failure to justify sanctions, or imposition of sanctions with poor justification, can result in sanctions on the administrator up to being barred from AE or even being desysopped.
Comment by Arbitrators:
I don't see a hard-and-fast timeline applying. I think clarifying the appropriate scope of sanctions enforcement and the level of warning necessary is appropriate. Jclemens (talk) 15:55, 21 March 2011 (UTC)
well, the necessity for some kind of timeline is that we don't want an admin applying a 3-day block and then coming back 2 days later to give a justification. If the justification is bad, there's no way of giving those two days back to the editor who was unjustly blocked. I was originally going to say "is required to give a clear justification for the action at the time it is imposed", but didn't want to give wikilawyers the option of saying "30 seconds have gone by since my block and there's still no justification!!!" There's probably a better way of wording it that isn't so picayune but still makes sure that admins justify the act in a reasonably short time frame or see it overturned. --Ludwigs2 23:38, 21 March 2011 (UTC)
Comment by parties:
Proposed: If we're going to use this kind of discretionary sanction system, then we should tighten the rules. Limit what can be done with discretionary sanctions to 'clear and present danger' situations, and require that admins using AE explain themselves clearly and immediately: make them give their rationale for the measures they took in detail, so that other editors can examine and contest the necessity of the act. --Ludwigs2 21:56, 19 March 2011 (UTC)
Comment by others:

Proposed findings of fact

QuackGuru engaged in OR

1) That:

  1. QuackGuru engaged in wp:original research on the pseudoscience article, by using a literal reading of a non-significant portion of the abstract of an article on a different topic to make a broad, damaging claim about pseudoscience
  2. QuackGuru pushed this OR tendentiously - with numerous examples of reverts, extensive IDIDNTHEARTHAT behavior, and frequent unjustified accusations of policy violations against other editors - and has a long history of such tendentious editing on project.
Comment by Arbitrators:
Comment by parties:
Comment by others:

Sandstein worked counter to project principles in an unreasoning effort to impose sanctions

2) That Sandstein ignored the core purpose of the project and abused his status as an administrator by ignoring and attempting to dismiss QuackGuru's en clair policy violations, while going out of his way to misrepresent a statement and misuse Arbitration Enforcement policy in an all-out effort to sanction Ludwigs2 for a relatively trivial mistake in language.

Comment by Arbitrators:
You'd probably get more people to actually read and consider your statements if you AGF'ed more/ABF'ed less. I get that you didn't like the outcome, but the ability to talk about it in a detached and neutral manner would help your case. Jclemens (talk) 15:56, 21 March 2011 (UTC)
Comment by parties:
Comment by others:
There is a massive assumption of bad faith in this assertion and Ludwigs2's other assertions on this page regarding Sandstein's conduct. While I have disagreed with Sandstein on a number of occasions (and not so sure about the wisdom of this one), his neutrality is beyond reproach. He blocked Ludwigs2 for a perceived threat. Ludwigs2 and a number of other editors who are familiar with his editing and manners (including, admirably, some of his detrators) have asserted that this was not a threat but a rhetorical figure of speech. I am completely uninvolved, have never seen Ludwigs2 before, and my reading of his statement was that it was a threat, and its unspecified and vague nature things will get ugly sounded pretty serious to me. I do not want to express an opinion of whether the block was wise or not, but there is zero reason to think this is in ANY way connected to the content bias, anti- or pro-fringe, etc. And even if the sanctioned conduct was trivial, the 3-hour 3-day block was also arguably trivial. I think all parties who still demand sanctions will do well to get over it. That applies to both Ludwigs2 and Sandstein. - BorisG (talk) 15:53, 15 March 2011 (UTC)
3 days, not 3 hours. Dreadstar unblocked Ludwigs2 after 3 hours and 14 minutes. Also, AGF is not a suicide pact. Sandstein is regularly doing draconian and essentially arbitrary blocks. IIRC he has often given signs in such situations that he actually expects that someone will unblock, such as making threats for that case. (Will check later when I have the time, or maybe someone else can provide links.) This is not the first time he has run to Arbcom after one of his bad blocks was undone, either.
And you can't punish an editor for considering a certain type of exchange that is usually tolerated here as ugly, and warning that it is about to happen unless admins take effective measures against some bizarre POV pushing that is running out of hand because a number of sophomoric editors is enabling it. Interpreting "ugly" in this context as something block-worthy requires an assumption of bad faith. Hans Adler 22:20, 15 March 2011 (UTC)
Sorry, 3 day-block, not 3 hours. Still a small block for a small mistake. - BorisG (talk) 14:54, 16 March 2011 (UTC)
The statement by Ludwigs2 was a threat of creating disruption, quite obviously. But this is not the point. What can be learned here? 1. Do not make statements. 2. Do not dispute your block. 3. Do not unblock a user if blocking admin disagree.Hodja Nasreddin (talk) 18:37, 16 March 2011 (UTC)
let's be clear, here. the real problem is not the block itself (I can weather a 3-day block with little or no problem, if needed, and wouldn't have complained if it was actually justified). The real problem is that there was (a) no need for the block in the first place, and (b) that Sandstein ignored and excused a far more serious and direct policy violation by QG while exaggerating my behavior and abusing the spirit of AE just so he could impose a block on me. There's only a few things this can mean:
  • that Sandstein is entirely incompetent as an administrator, which I personally don't believe is true
  • that Sandstein was pissed-off at me for some reason to the extent that he would ignore all other consideration just to get me.
  • that Sandstein was (intentionally or not) indulging an anti-fringe bias which made him favor QG and target me as the problem.
I've been resting my case on the third option, because the third option is the only one that doesn't demand that Sandstein be immediately desysopped. I'll welcome a fourth explanation of the facts, if you have one, but I don't have much use for explanations that ignore the facts of the case by simply saying what a great guy Sandstein is. I don't have any problem with Sandstein, personally - I'll happily cede that he's a probably great guy - but he's a great guy who f%cked up royally in this case, and I want to make damned sure that that kind of f%ck-up gets nipped so that it doesn't happen again, to me or anyone else. good enough? --Ludwigs2 00:31, 17 March 2011 (UTC)
I think the allegations above are absurd. Ludwigs2 has threatenned disruption, and Sandstein blocked him. End of story. Not responding to something else, even if more serious, is not a fault. This would have required studying the article history and talk page in great detail, plus reading the source that is not publicly available. Admins are volunteers, and Sandstein is not the only administrator on wikipedia. - BorisG (talk) 01:30, 17 March 2011 (UTC)
That isn't a set of allegations, that is reasoning from facts in evidence. But, whatever: your opinion that it is absurd to expect an administrator to do his job correctly is noted; I'll be sure to remind you of it if-and-when you ever get blocked. --Ludwigs2 02:47, 17 March 2011 (UTC)
OK. For the record, I did not express an opinion of whether the block was justified. I actually think it was policy consistent but hasty and unwise. But whether it is or not, it had nothing to do with QG, nor with any of the three reasons you've listed. Also, Misplaced Pages administrator is not a job. - BorisG (talk) 12:37, 17 March 2011 (UTC)
Boris, three points:
  • By saying "Ludwigs2 has threatened disruption, and Sandstein blocked him. End of story." you did in fact render an opinion about whether the block was justified. Unless, of course, you were thinking of that as a detached restatement of objective facts, like this was some nature program ("The Sandstein stalks its natural prey intently; a paradigm of evolution's brutal, efficient mandate" - yes, that was humor ).
  • If you don't think the issue had anything to do with QG, that's fine, but then you must be claiming that Sandstein is entirely incompetent or that he was out to get me as a personal vendetta. there aren't really any other choices that I can see. His actions were too methodical to be considered a simple mistake.
  • Administrators may not get paid, but they certainly have responsibilities to the encyclopedia, and they are generally expected to display higher-than-average standards of behavior. see wp:administrators.
You can justify anything by taking sufficiently far out of context. That's a major part of the problem here, both in what Sandstein did to attack me and what you and various editors are doing to defend Sandstein (and QuackGuru, for that matter). I think we've had entirely too much of that sort of thing, so I'd prefer if we kept the entire context of this situation in view at all times. --Ludwigs2 15:55, 17 March 2011 (UTC)
These statements by Ludwigs2 show clearly that he does not understand the AE ruling on WP:FRINGE topics specifically or WP:NPOV in general. What he is calling for is completely overturning core policy and prior rulings. He apparently believes that working to accurately reflecting mainstream expert consensus in an article makes someone militantly anti-fringe. DreamGuy (talk) 18:14, 23 March 2011 (UTC)
errr... what 'statements' are you talking about? we were talking about whether or not Sandstein's block was justified, which has little to do with FRINGE or NPOV. did you mean to place this comment in some other thread? --Ludwigs2 19:21, 27 March 2011 (UTC)

Pervasive air of favoritism to anti-fringe editors

3)

  1. That there is a distinct and pervasive air of favoritism given to editors who take anti-fringe stances, such that they are effectively free to violate basic policy and the core principles of the project, only suffering warnings or sanctions in the most extreme cases after inordinately extensive complaints.
  2. That there is a correlative excess in sanctions and punishments for trivial matters dealt out to editors who work on articles where these 'favorites' are present.
Comment by Arbitrators:
I don't think this is a good summary of the situation. I do think, in fairness, that it may be harder for those who believe in an unconventional theory (I am using "unconventional" as a less loaded word than "fringe") here to edit in accordance with our policies and guidelines, simply because it may be difficult to accept that a theory one believes in passionately must nonetheless be described on Misplaced Pages as the view of a minority of the relevant scientific community and rejected by the majority. But I don't see any way to change that without abandoning fundamental policies of the project regarding concepts such as NPOV and undue weight. Newyorkbrad (talk) 00:11, 28 March 2011 (UTC)
NYB, I think you misunderstand the point. I don't doubt that that you're right about difficulty you mention, and I happen to think that's appropriate - 'unconventional' theories should be somewhat marginalized, and people who believe in such things need to understand that this is inherent to the nature of an encyclopedia. That's not a bias; that's the way things work. The bias is behavioral: people who take anti-fringe stances are regularly allowed to be uncivil and engage in personal attacks, are more or less immune from sanction regardless of how god-awful bad their editing is, can engage is clear original research and synthesis on articles with impunity, and anyone who opposes them gets hit over the head with a brick. I have never once advocated for a fringe theory (the most I've ever done is tried to untangle and remove badly written and mindlessly vituperative skepticism), and yet my standard experience is that for even the simplest and most commonsensical changes I'll need to endure weeks of name-calling and personal attacks, threats of administrative sanction, pointless reverts, and other rude, uncooperative behavior. Short of ScienceApologist, I have literally never seen an anti-fringe editor sanctioned for anything (and the few times I've seen them warned - as with Dreadstar or Elonka - have produced extensive shitstorms), and SA was literally allowed to sockpuppet and to attack editors for years before anything came of it. I, however, am consistently cautioned, warned, and even sanctioned over trumped-up charges or trivialities even where I'm just trying to be reasonable. Really, if I did even 1/1000 of the things that SA did I'd already be indef-blocked, and you know that's true.
I'm not asking for anything special, here, just a uniform application of behavioral policy. If skeptics are allowed to act like trolls with impunity while everyone else gets in trouble over every minor issue, we might as well just kiss NPOV goodbye on fringe issues. We're just going to end up a series of bitch-slap articles that say nothing about fringe topics except how stupid they are. Is that what this encyclopedia wants to do? --Ludwigs2 01:22, 28 March 2011 (UTC)
Newyorkbrad, I'm not familiar with Ludwigs' past. However, I think that you and the other arbitrators should consider what he says. I have definitely observed that 1) some of what he's calling "anti fringe" editors such as Quack Guru are trolls and experience few or no repercussions for it. And 2) this is often the way Misplaced Pages works, with favoritism shown to those who are well liked or whose POV is popular but not neutral. It's possible that Ludwigs has stumbled onto an area of Misplaced Pages in which such behavior has been allowed to run wild. If so, you should consider giving some help or instruction in this matter. BE——Critical__Talk 14:21, 28 March 2011 (UTC)
This view appears to be a case of cherry picking. There are many editor who get away with all sorts of counter policy editing. For every Quack Guru you can name, I'm positive I can come up with two other "pro finge" editors who are editing in a counter productive manner and not getting sanctioned. This is in no way to suggest that "pro fringe" editors outnumber "anti fringe" editors by 2:1, just that there are lots of problems on all sides, and we will likely tire of the game before we can come to a statistically robust comparison. One thing that most of these editors have is common is that they keep their head down. One of the downsides of bringing disputes to the attention of the community is that your own behavior is also going to be examined. Not participating in noticeboards and other wiki-drama, goes a long way toward not being noticed, which goes a long way toward not being sanctioned. aprock (talk) 16:49, 28 March 2011 (UTC)
Well, I won't try to refute your assertion that you could name two for one. However, I believe that both sides of this debate have a general consensus that there is favoritism shown to one side of the debate, anti-fringe (see below). That's my general impression anyway. The sides merely disagree on whether this is proper, with some saying that because it is a debate between reality and unreality, reality should be favored. Personally, I would say that whoever is breaking the system needs to stop, regardless of POV. BE——Critical__Talk 18:18, 28 March 2011 (UTC)
I was speaking to the issue of editors who face "few or no repercussions". Getting away with bad edits has more to do with being able to "keep your head down" than it has to do with a particular point of view. aprock (talk) 20:00, 28 March 2011 (UTC)
I'm not sure if I understand how keeping one's head down relates to the alleged bias between the two groups? Are you saying that the fringe advocates are more/less overt? BE——Critical__Talk 01:12, 29 March 2011 (UTC)
Perceptions of bias are based on what people notice. If someone avoids being noticed while introducing bias, they still introduce bias, but do not add to the perceptions of bias. aprock (talk) 21:24, 29 March 2011 (UTC)
Allow me to put this in a very clear (and most likely snooty) way. In a reasoned, reasonable discussions, I get my point across 60%-70% of the time (and when I say 60%-70%, I mean that I get my point across 100% of the time when I'm right, and the other 30%-40% I realize that I'm wrong - or at least that what I'm suggesting is infeasible - and I give it up). This is because I'm very, very good at reasoned, reasonable discussions, which I damned well ought to be given the amount of academic training I have. However, I cannot have a reasoned, reasonable discussion when I am confronted by angry mobs of editors screaming that everyone who disagrees with them is an evil anti-NPOV fringe-advocate SPA sockpuppet with COI who needs to be banned/blocked immediately merely for opening their mouth. I swear, working on fringe articles is usually like acting out the scene from Frankenstein where the villagers swarm up the hill with pitchforks and torches - this is not conducive to productive deliberation, if you see my point. This QuackGuru issue is a perfect example: I sincerely doubt that anyone can justify or defend QG's content perspective on rational grounds (he is so very clearly misusing the source in such an extremely exaggerated way), but I can barely have a rational discussion about it because I've got people trying to block me, calling me names, attacking me personally, and generally doing the whole angry mob thing. It's all just unqualifiedly stupid.
What I would like to see is admins be instructed to take these kinds of civility issues seriously regardless of who they come from - basically get them to turn a fire-hose on all the angry, screaming villagers regardless of what they are angry about - so that the only people left in the discussion are the ones who want to civilly and reasonably discuss the issues. If I'm allowed to civilly and reasonably discuss the issues, I can hold my own in content discussions. If I am constantly being forced to fend off pitchforks and flaming brands being thrust in in my face by unreasoning twerps... what's up with that? Yeah, I know that actual fringe advocates can be just as ill-mannered, if not worse, but mobs of angry fringe advocates are already properly controlled, maybe even over-controlled - they are invariably warned, blocked, topic-banned, or otherwise reined-in in short order. Raging mobs of anti-fringe editors are essentially ignored by admins as a whole, and in fact are often explicitly encouraged and supported by individual admins.
Do you think it's unreasonable of me to want to have content discussions without my character, beliefs, intentions, and other personal characteristics becoming objects of speculation and attack? --Ludwigs2 19:31, 28 March 2011 (UTC)
It's reasonable, but unrealistic. Better to ignore the slings and arrows than to defend against them. As noted above, this strategy works surprisingly well. aprock (talk) 20:06, 28 March 2011 (UTC)
It certainly works well for me. But he shouldn't have to put up with that, most especially if he's experiencing bias which effects his account status, like blocks which are doled out in a biased way. BE——Critical__Talk 20:57, 28 March 2011 (UTC)
I'll agree that it works surprisingly well for occasional jabs. It does not work well at all for consistent, repetitive abuse. You wouldn't know it, but I am actually one of the mellowest, calmest, kindest people you'd ever have the good fortune to meet, almost to a fault (or so people tell me). However, by the time I get to a place like ArbCom (or ANI, or wikiquette), it's because I have been calmly putting up with abuse for a matter of days or weeks (or sometimes months), from multiple editors who all act as though they have no grasp of basic human dignity or common sense. You go back and read over the R&I mediation and associated ANI threads (or back the the Alt Med dispute, or back to the Orgone page from long ago) and look at the gobs of abuse I took before I finally lost my temper. Seriously, it's one thing for an editor to call me a 'fringe advocate' in a fit of pique and then drop the issue (I can let that slide easily). it's another thing for an editor to call me a 'fringe advocate', and then have two other editors pop in out of nowhere to talk about how all fringe advocates ought to be banned from the project, and then have an admin step in and give me a block-warning because he bought into their crapulent bullshit uncritically... Day in and day out and day in again, that shit wears. So yeah, I turn the the other cheek as I can, but I have a finite number of cheeks I can turn, and when I run out I start slapping people back. And no, I have no guilt about that whatsoever; when I get to the point where I feel I need to smack someone down, they have thoroughly earned it.
in other words, if you are expecting me to be a saint, I am afraid you are going to be perpetually disappointed. However, I can manage to be a pretty decent human if I'm treated like one. Therein lies my request. --Ludwigs2 23:10, 28 March 2011 (UTC)

I didn't mean to make you feel further harangued for being uncivil. I understand you've been having real problems and I've seen a few of them. Misplaced Pages isn't fair, and I'd hate to see you leave it. So I'm concerned when you paint extra circles on the target you say you have on your ass by being rude or making so-called "threats." Also, Misplaced Pages "justice" depends far too much on the level of sackcloth and ashes you have on. BE——Critical__Talk 01:04, 29 March 2011 (UTC)

Eh, that was more at Aprock than at you. And it was largely unnecessary - I'm still steamed about this situation, and anger makes me articulate. One of these days I'm going to get so pissed off at something, somewhere, that the bastards will give me the Nobel prize for literature. sorry. --Ludwigs2 03:08, 29 March 2011 (UTC)
LOL. No need to be sorry, I know you're just pissed a the situation . BE——Critical__Talk 04:56, 29 March 2011 (UTC)
Comment by parties:
Comment by others:
Yes, I'm sure there's a perasive air of favoritism to "anti-fringe editors". That makes perfect sense given the long series of blocks that and final banning of ScienceApologists. Not having everything go one's way isn't an indication of bias towards the people one disagrees with. JoshuaZ (talk) 03:22, 15 March 2011 (UTC)
"Reality has a well-known liberal bias." --SarekOfVulcan (talk) 03:32, 15 March 2011 (UTC)
Concerning suggestions of an "anti-fringe coterie" or other claimed agendas, please note the point made about allegations of a cabal in the final decision of a previous ArbCom case. Mathsci (talk) 08:09, 15 March 2011 (UTC)
I think the claim that "anti-fringe editors" enjoy favouritism is very much mistaken. Some "anti-fringe editors" may enjoy some respect as all-around valuable and experienced editors, but that is not, usually, based on their anti-fringe work. On the contrary, pro-fringe editors (otherwise known as POV-pushers) are treated with kid gloves for too often and far too long, especially considering that they very often are single-issue editors. --Stephan Schulz (talk) 09:15, 15 March 2011 (UTC)
Ludwigs2 is right. In my experience it is almost always quite easy to deal with actual fringe advocates. What is extremely hard, due to the social dynamics, is dealing with stupid extremist anti-fringe POV pushing that is constantly trying to move articles further towards caricatures such as the following:
"Astrology is a pseudoscience that makes certain claims about influence of stars on humans which are too absurd to be mentioned in this article. As all pseudosciences, astrology is an immoral practice and a threat to public health. According to ..., progress in rooting out astrology is slower than desired."
In my experience, even the most blatant pushing in this direction is supported uncritically by many editors. When Ludwigs2 gets involved they tend to form a mob. If arbitrators doubt this claim I can provide extensive evidence. Hans Adler 09:27, 15 March 2011 (UTC)
Of course, our article (currently, but for a while) says "Astrology is a set of systems, traditions, and beliefs founded on the notion that the relative positions of celestial bodies can explain or predict fate, personality, human affairs, and other earthly matters", something that seems perfectly reasonable to me. --Stephan Schulz (talk) 09:33, 15 March 2011 (UTC)
No problem with that. I believe pseudoscience was once mentioned in the first sentence, and that was also fine. Some astrology fans are currently hoping to rewrite the article to a more sympathetic point of view, but they are easy to deal with. For a real example look at BullRangifer's absurd attempt to categorise ghost in Category:Pseudoscience and some of the RfCs surrounding it. I am travelling today, but can provide links to problematic discussions tomorrow. Hans Adler 10:01, 15 March 2011 (UTC)
Please leave me out of this. That's definitely not "a real example". It's an old matter, had good sourcing (National Science Foundation, so go blame them) approved by many others, but is no longer a relevant issue. I dropped it and it's unfair of you to even mention it. I'm not a pusher of fringe or pseudoscientific POV, and your mention of me here is only an attempt to smear me. Please drop this line of thought as it's totally unnecessary and detracts from what's really important here. Please refactor and notify me so I can do the same. -- Brangifer (talk) 08:09, 18 March 2011 (UTC)
No, it's not unfair to mention this here. You and QuackGuru behaved in fundamentally the same way: pushing obviously false claims into pseudoscience-related articles based on blatant out-of-context quotations from sources that are reliable, but not for the claims in question, and then refusing to discuss anything but whether the sources are reliable in general terms and whether the cited passages are literally present. And the resulting dynamics in the community was very similar in both cases.
The disruption was more widespread in your case, and you even managed to manufacture something that looked like support with your confusing RfCs. So in a sense you were successful. On the other hand QuackGuru was more successful in that he got his opponent blocked.
By the way, this matter is not properly closed so long as the astrology article still makes your bogus claim that the NFS "published a statement" on 10 practices or beliefs. If you had what it takes to understand why you were wrong, there would be no excuse for not cleaning up your mess. Hans Adler 13:30, 18 March 2011 (UTC)
Anyone who wants to look at the source and the way it is currently used can see for themselves that your claim is false, but this is not a matter to be dealt with here, unless you wish to distract attention from dealing with QuackGuru and also distract attention from (your friend) Ludwigs2's threats. I have asked for you to show some good faith and refactor, but instead you show your vindictiveness and warlike attitude once again by bringing up a very old matter. Would the clerk put a hat on this? -- Brangifer (talk) 15:44, 18 March 2011 (UTC)
It is not bad faith to disagree with your misguided way of interpreting sources. I have no objections to hatting or removing our discussion starting with your first comment, which is where it begins to get off-topic. Stephan Schulz obviously was not aware that pseudosceptic POV pushing actually does happen, as opposed to being just a talking point of fringe POV pushers. Therefore it was necessary to point out an example. Surely you don't expect me to prove the occurrence of a type of V/NPOV violations with examples that do not involve V/NPOV violators. Hans Adler 16:54, 18 March 2011 (UTC)
Brangifer: this is not personal, and I'd appreciate it if you did not make it personal. The objective fact of the matter is that you did the following:
  • You took a statement from a footnote of an NSF publication relating to public science education, and tried to use it as evidence of a general claim by the NSF about pseudoscience itself.
It's not an issue of why you did this; it's an issue about whether this is an appropriate approach to a source. This strikes me (and Hans, and others) as a real stretch of the imagination bordering on wp:OR, but unfortunately the sprawling multipage discussion and confusing overlapping RfC's that resulted made it very hard to consider the sourcing issue clearly. This is not dissimilar to what QG did on the pseudoscience page - it shows a similar overly-literal, context-free approach to quotes - though to your high credit you were willing to discuss the issue and eventually showed flexibility on the position that allowed us all to reach a mutual understanding. I'm still waiting for any sign of that from QG. So please, let's let bygones be bygones, but let's also keep out eye on the ball here. --Ludwigs2 17:23, 18 March 2011 (UTC)
Thanks for giving me credit for my part in the final resolution of that matter. I'm not saying it's bad faith to disagree with me, but it's not wise to drag me and an old conflict into this situation and I wish that Hans Adler would stop doing it on this page and other pages.
I am very willing to keep my eye on the ball here. If QuackGuru is site banned I won't shed a single tear, and NOBODY will miss him, not even the skeptics. He's not worth it. His disruptive influence is so pervasive that I avoid many articles where I would usually be siding with you and Hans, and would be making constructive contributions to article content. Instead he ties everyone up on the talk pages. I just don't like editing on the same pages where he is because he creates a time sink of enormous proportions. I'm here to edit, not to battle with him over a few words for months on end. That's what he does. He ties up numerous good editors with petty matters. -- Brangifer (talk) 18:42, 18 March 2011 (UTC)
I think that Talk:AIDS denialism, Talk:Aspartame controversy, Talk:Objections to evolution, and others indicate that this does not hold as a broad principle. Individual examples may, of course, exist. - 2/0 (cont.) 06:48, 19 March 2011 (UTC)
I happened to look at Aspartame controversy recently and found it to be quite polemical in tone, due to the type of editing Hans Adler is criticizing. Hans is in general analyzing this situation very well. 75.57.242.120 (talk) 12:23, 19 March 2011 (UTC)
Yes, Aspartame controversy was a poor counterexample. See Talk:Aspartame controversy/Archive 2#Unomi deserves an apology for what happened there two years ago. A new editor was continuously called a sockpuppet for no good reason at all (someone has since told me he read "Unomi" = "you know me", but it would have been no problem to google that user name to see that presumably the same person is using it elsewhere on the web), even after a strongly negative SPI outcome. A government report (GAO87) was misrepresented in the article, but Unomi's attempts to correct this were countered with the argument that reading the report is original research and, anyway, since the report does not pass WP:MEDRS it cannot be used even for non-medical information such as the history of the conflict around Aspartame.
OrangeMarlin, the main driving force behind this travesty abandoned his account after I started preparing an RfC/U on him and apparently stopped editing completely after I caught him socking. But many who found nothing wrong with this and actually supported him are still editing, and essentially similar things continue to happen. Hans Adler 12:44, 19 March 2011 (UTC)

Proposed remedies

Note: All remedies that refer to a period of time, for example to a ban of X months or a revert parole of Y months, are to run concurrently unless otherwise stated.

QuackGuru admonished

1) QuackGuru admonished for engaging in original research and tendentious editing, and for failing to respond to administrative processes.

Comment by Arbitrators:
There is some precedent for basing action in part on failure to respond to inquiries from the Arbitration Committee (the Henrygb case is an example). However, I can't agree with Bullrangifer's suggestion that "the more like a court of law the better." Also, if an editor fails to participate in a process, the process loses the benefit of his or her input and that is regrettable, and that will often redound to the detriment of the absentee, but neither the committee or the community would ordinarily sanction the absentee for failing to respond itself unless the underlying allegation was an extremely serious one. (As a point of (slight) interest for Bullrangifer, at least in American courts, where the defendant defaults in appearing the plaintiff must still at least demonstrate the existence of a prima facie case.) Newyorkbrad (talk) 00:15, 28 March 2011 (UTC)
Without commenting further, allow me to point out that there is a difference between (a) not appearing because one has ceded the point and fixed the problem, and (b) not appearing because one wants to continue doing the same problematic behavior as long as possible. (I mean, if someone owns a vicious dog, a refusal to appear before a judge about it generally gets the dog taken away and destroyed; judges don't just say "oh, well, he didn't show up, so I guess we have to let the dog keep biting people"). I have made the prima facie case in my evidence that a problem exists, and since QG (literally to this very day , ) continues to make the same argument about the same source in the same way on the same page, it's clear that he is simply trying to avoid having his behavior called into question. If he is unwilling to come here and defend his behavior, and completely resistant to to reasoned discussion on the talk page, then it is perfectly clear that he knows the behavior is wrong (otherwise he would at least try to defend it), and so it is perfectly appropriate to judge him in abstentia and take necessary measures to keep the problem from recurring. --Ludwigs2 04:51, 29 March 2011 (UTC)
Comment by parties:
I've added a 'failure to respond' clause because QG has gone back to making exactly the same type of edits at the pseudoscience article and talk page, regarding exactly the same source, without responding to this preceding at all. These edits are all from March 19th: , , , , . This is a typical pattern - QG usually avoids any discussion in which his behavior is called into question and after some short delay continues editing as though the discussion of his behavior never existed. This is true of the RFC/U that was opened on him, and of roughly three quarters of the Wikiquette, AN, and ANI proceedings that tried to deal with his behavior. --Ludwigs2 01:28, 22 March 2011 (UTC)
Comment by others:
I support the "failure to respond" clause and believe it should be a factor in all official proceedings like AE, RFAR, RfC/Us, and other places where an editor has been notified that their behavior is being discussed. As the old saying goes: "You don't want to lose just because you failed to appear", and that should maybe be the result here. The more like a court of law the better. Failure to appear gives a default judgment, not based on the merits of the case, but based on failure to appear. Such a loss says nothing about the rightness or wrongness of the issue at hand (often related to content), but says a lot about the attitude of the editor who shows a lack of respect by failing to appear. If you're not interested in taking things seriously, you don't deserve to be here, or at least to enjoy full rights for a time. "Judgment: Loss by default, due to failure to appear." -- Brangifer (talk) 05:24, 22 March 2011 (UTC)
Lots of good editors can't stand being dragged into endless drama wikilawyering. I can';t fault the guy for wanting to improve the article with his time instead of responding to attacks on his edits on a AE case that isn't even about him but which others are frantically trying to make about him to take the spotlight off their own poor behavior. DreamGuy (talk) 01:54, 25 March 2011 (UTC)
I'm still trying to figure out how you guys get QG from a violation of sourcing policy and proper scholarship to him 'wanting to improve the article'. Do you disagree with the reasoning I gave in my evidence, or are you just patently ignoring it as an inconvenient truth? silliness. --Ludwigs2 23:20, 26 March 2011 (UTC)
I completely disagree with nearly everything you have said on this topic. Your opinion of what is OR and what is not, what was proper AE enforcement behavior and what was not, and what the NPOV policy means and what it does not are all so colored by your presumption that your beliefs are correct and unquestionable that you seem incapable of comprehending that almost every comment you have made here is directly counter to the way Misplaced Pages is supposed to work. You can rant about cages for gorillas all you want and how you think things should work, but the fact of the matter is that you need to work within the actual Misplaced Pages policies and AE sanctions. All of your evidence and claims here do nothing but prove why you should have been blocked in the first place. You have no respect for the rules here and no regret for breaking them and threatening to harass another editor who gets in your way. When it all blows up your response is to... harass that editor some more and try to get *him* banned?!? You need a basic reality check here. DreamGuy (talk) 23:29, 26 March 2011 (UTC)
lol - and you accuse me of ranting...
DreamGuy: It's clear that I have a different perspective than you do about the way AE and OR should be interpreted, and about "the way wikipedia should work" in general. It's also clear that I've made good arguments, based in reason and an understanding of the way scholarship works in academic circles. I think that my beliefs are correct, yes, and I take the fact that the best you (and others) can do for a counter-argument is the kind of weak, spiteful, ad hominem argument you demonstrated above. If you think I am wrong you are perfectly within your rights to present a reasoned and logically sound argument which explains why I am wrong - I always bow to proper reason. On the other hand, if you simply want to block me because you don't like my reasoning but can't think of a better way to counter my argument than (effectively) shooting me in the head, please say so explicitly so that I can... well... honestly, so that I can laugh at it. That would just tickle me to no end.
Say what you like about me as a person; half of it I might admit to. But what I'm like as a person has no bearing on the argument I am making, which stands perfectly well on its own. If you cannot grok that distinction, you should (frankly) not be rendering an opinion at all. --Ludwigs2 19:45, 27 March 2011 (UTC)

Sandstein admonished

2) Sandstein admonished for

  • explicit abuse of Arbitration Enforcement policy to implement an highly questionable and completely unnecessary block
  • failing to do due diligence with respect to QuackGuru's policy violations
  • Overt favoritism to anti-fringe editors, to the detriment of the encyclopedia
Comment by Arbitrators:
  • In regard to all 3 items, no. In regard to the first item, over time ArbCom enforcement practice has expanded from article talk pages to other discussion pages, such as for example user talk. This expansion hasn't been reflected in the wording of the sanctions, which I think led to a good faith misunderstanding. In regard to the second item, I completely disagree. And in regard to the third item, I disagree even more strongly. PhilKnight (talk) 16:47, 17 March 2011 (UTC)
    • I'm sorry, Phil, I don't understand the grounds on which are disagreeing with the last two points.
      1. Sandstein explicitly dismissed QG's actions at two or three different points. Are you suggesting that QG did not engage in a policy violation? (and if so, have you read my evidence on that point?) Or are you suggesting that Sandstein as an administrator is entitled to selectively enforce policy violations at his discretion?
      2. I need to finish my evidence on this, but it seems self-evident that there is a bias here. If nothing else, note that brangifer was never so much as warned for making multiple personal attacks in this post (false accusations of COI, false accusations of advocacy, false accusations of vandalism) despite the fact that he was doing it at ANI, and I asked twice , for an admin to warn him. The only reason he wouldn't be warned for this is that no one actually perceives these insulting statements as improper, which is the very definition of a systematic prejudicial bias. I am frequently warned for making far less pointed comments; he has never to my knowledge been warned over things like this, though I've seen him do it dozens of times (and I've seen other editors and even admins engage in this kind of personal attack with impunity more times than I can count). --Ludwigs2 17:29, 17 March 2011 (UTC)
Comment by parties:
Comment by others:
The only reason he wouldn't be warned for this is that no one actually perceives these insulting statements as improper - no, the reason is that enforcement is systematically arbitrary and somewhat random. This is particularly true of Sandstein, who tends to apply very heavy-handed sanctions with an "Respect my authoritah" air and who is not particularly good at listening and generating goodwill and understanding. --Stephan Schulz (talk) 21:01, 17 March 2011 (UTC)

Proposed enforcement

QuackGuru topic-banned

1) QuackGuru banned from Fringe, Alternative Medicine, and Pseudoscience topics broadly put, for a period of 6 months. Reinstatement may be made at an earlier date if QG demonstrates a clear understanding of the the correct use of wp:V, wp:RS and wp:WEIGHT.

Comment by Arbitrators:
Comment by parties:
Comment by others:
I think it's not a good idea to bring your conflict with QuackGuru to the picture. Believe me. Hodja Nasreddin (talk) 21:54, 14 March 2011 (UTC)
Without any signs that these claimed problems have been addressed through the standard processes of WP:DR, there seems to be to be no reason at all to make any suggestion of this kind. Mathsci (talk) 23:09, 14 March 2011 (UTC)
As Ludwigs2 has argued convincingly (and this is also my impression), standard dispute resolution is not working because of the large number of hardcore anti-fringe admins and editors who keep supporting each other uncritically and regard QuackGuru as an ally and Ludwigs2 as an enemy. The fact that Ludwigs2 was blocked for reporting QuackGuru's OR pushing says everything.
Also see Risker's acceptance vote for this case. Hans Adler 23:26, 14 March 2011 (UTC)
(e/c) @ Hodja: the way I see this, Sandstein tried to block me so that QG could continue a long-term pattern of policy violations unhindered. Those policy violations seem to me to call for some form of sanction, no? However, I will consider the issue further once my head cools a little, because I am admittedly pissed off a the moment.
@ Mathsci: Considering the number of dispute resolution procedures that QG has been subject to over his editing career, it seems self-evident that no DR process will ever have any effect on his behavior (either because he will refuse to participate as is his norm, or because a coterie of editors will appear - as they always seem to do - to defend or dismiss his actions on procedural or emotional grounds). At any rate, this is just a proposal, which I am fully entitled to make and the committee is fully entitled to ignore if they so choose. I would really like to see him get a topic ban of some length, if only to convince him that he is not completely immune to sanction for his (as everyone recognizes) outrageous behavior. But I will leave it up to the committee to do what they think is best. --Ludwigs2 23:27, 14 March 2011 (UTC)
You probably noticed that QuackGuru is nowhere to be found, and he made zero comments at arbitration pages. I think that's because he is smart. Please look at title of the case. It is not about you or him (and this is good news!). Hodja Nasreddin (talk) 00:22, 15 March 2011 (UTC)

Template

2) {text of proposed enforcement}

Comment by Arbitrators:
Comment by parties:
Comment by others:

Proposals by Sandstein

Proposed principles

Reversal of arbitration enforcement actions

1) Administrators are prohibited from reversing or overturning (explicitly or in substance) any action taken by another administrator pursuant to the terms of an active arbitration remedy, and explicitly noted as being taken to enforce said remedy, except:

(a) with the written authorization of the Committee, or
(b) following a clear, substantial, and active consensus of uninvolved editors at a community discussion noticeboard (such as WP:AN or WP:ANI). If consensus in such discussions is hard to judge or unclear, the parties should submit a request for clarification on the proper page.

Any administrator that overturns an enforcement action outside of these circumstances shall be subject to appropriate sanctions, up to and including desysopping, at the discretion of the Committee.

Comment by Arbitrators:
  • Agree with Martinp - worth restating. PhilKnight (talk) 16:40, 17 March 2011 (UTC)
  • Generally worth restating. The last clause requires some examination. If the root of a lack of consensus in an enforcement discussion is ambiguity in a decision, then a request for clarification is in order. But if the root of a lack of consensus is simply disagreement among administrators about whether a sanction is warranted or what the sanction should be, I am not sure that that is the case. Newyorkbrad (talk) 00:17, 28 March 2011 (UTC)
Comment by parties:
Comment by others:

Consistently questionable arbitration enforcement actions

2) Administrators who consistently make questionable enforcement administrative actions, or whose actions are consistently overturned by community or Arbitration Committee discussions may be asked to cease performing such activities or be formally restricted from taking such activities by the Committee.

Comment by Arbitrators:
Comment by parties:
  • Proposed as a restatement of current AE policy, also from the Trusilver decision, but appending "by the Committee" to make clear who is doing the asking or restricting.  Sandstein  19:02, 15 March 2011 (UTC)
Comment by others:
  • At best unnecessary, at worst unhelpful. It is a clear fact that the Committee may do this. We are also a community organization, so that I would assume that the community might - in an extreme case - ask an administrator active in AE to desist, and I would hope that this administrator would do so. This does not mean, of course, that the baying of individuals, especially those unhappy with AE provisions against them or their compatriots, means an AE administrator should change. It strikes me that the Trusilver motions got it exactly right; at best this restatement is equivalent (then unnecessary); at worst it enacts additional perceived protection for AE actions, which is also unnecessary and may be harmful. (BTW, on rereading, I am slightly concerned that "consistently" is too high a bar; I think it should merely be "repeatedly", however it should be the Committee that decides that) Martinp (talk) 02:41, 16 March 2011 (UTC)
  • I agree with Martinp. Misplaced Pages is a community and if the community feels a particular admin is doing a poor job, the community has the right to restrict that admin from doing so. HJ Mitchell | Penny for your thoughts? 00:18, 19 March 2011 (UTC)

Proposed findings of fact

Dreadstar

1) Dreadstar undid a block () that had been made pursuant to the terms of an active arbitration remedy, and that had been explicitly noted as being taken to enforce said remedy, without either the written authorization of the Committee, or a clear, substantial, and active consensus of uninvolved editors at a community discussion noticeboard. Dreadstar did so under circumstances in which they were, or should have been, aware of the requirements for undoing arbitration enforcement actions. When other editors made Dreadstar aware of these requirements (), Dreadstar declined to undo their reversal of an arbitration enforcement action ().

Comment by Arbitrators:
  • Would prefer "Dreadstar undid a block that had been explicitly noted as being taken to enforce an ArbCom remedy, without either the written authorization of the Committee, or a clear, substantial, and active consensus of uninvolved editors at a community discussion noticeboard." PhilKnight (talk) 16:40, 17 March 2011 (UTC)
  • It appears that Dreadstar acted in good faith here, per his evidence which no one seems to have refuted, and has promised not to repeat the problematic behavior. I think these mitigating factors ought to be included as well. Newyorkbrad (talk) 00:20, 28 March 2011 (UTC)
Comment by parties:
Comment by others:

Ludwigs2 and QuackGuru

2) The dispute concerning pseudoscience between Ludwigs2, QuackGuru and others that indirectly led to this case is unripe for arbitration. Editors should continue to attempt to resolve it by way of normal dispute resolution and may, if required, request the enforcement of applicable provisions of the Pseudoscience case.

Comment by Arbitrators:
Comment by parties:
  • Proposed. Nothing in the evidence so far makes clear that the underlying dispute is more than a content dispute combined with the usual (at least for WP:AE) ideological battlegrounding, incivility, etc. that can be dealt with at the AE level or (one can always hope) through consensual dispute resolution. There is also currently insufficient useful evidence for findings and remedies about this matter.  Sandstein  20:01, 15 March 2011 (UTC)
  • In fact, this assertion is incorrect. As my evidence clearly shows, QG's actions represent a clear, distinct, tendentious and long-term violation of sourcing policy that cannot be addressed through normal DR processes because of editors and admins who consistently run interference for him (for whatever misguided reasons they might have). sorry, but this proposal is vacuous at best. --Ludwigs2 21:25, 18 March 2011 (UTC)
Comment by others:
  • Unnecessary. Martinp (talk) 02:41, 16 March 2011 (UTC)
  • Given the state of the /Evidence page and this one, some statement that certain concerns being raised are dismissed without prejudice as being outside the scope of this case would be nice. Otherwise we might see argumentation that concerns have already been addressed or that ArbCom did not find this or that behavior objectionable. I would especially like to avoid turning this case into ARBPS2. - 2/0 (cont.) 20:48, 18 March 2011 (UTC)
    I would very much like to avoid ARBPS2 because it could easily create a situation in which it is harder to oppose actual fringe POV pushing. That's why I hope that this case will serve as a reminder that the People's Front of Judea is supposed to fight against the Romans, not against the Judean People's Front. But that can only work if we look at some of the structural problems here. Hans Adler 23:50, 18 March 2011 (UTC)

Proposed remedies

Note: All remedies that refer to a period of time, for example to a ban of X months or a revert parole of Y months, are to run concurrently unless otherwise stated.

Dreadstar desysopped

1) For failing to comply with the requirements for undoing arbitration enforcement actions, Dreadstar is desysopped . He may regain administrator privileges through a new WP:RfA or through a request to the Arbitration Committee.

Comment by Arbitrators:
  • There was an element of good faith misunderstanding by Dreadstar, who I think genuinely believed the block was outside of the provisions of WP:ARBPSEUDO, which defines the area of conflict as 'articles which relate to pseudoscience, broadly interpreted', to the extent that he felt justified in undoing the block. I think he should have established a clear and sustained consensus prior to the unblock, however he has apologised. In this context, I think some form of advice, reminder, or admonishment could be appropriate, but I don't consider a desyop, temporary or otherwise, to be necessary. PhilKnight (talk) 16:31, 17 March 2011 (UTC)
  • I agree that Dreadstar may have believed in good faith that the block was out of scope of the arbitration case. But it is hard to see how (given the clear {{uw-aeblock}} warning) he could have believed in good faith that he was allowed to unilaterally unblock on this basis, and harder still to see how he could have refused in good faith to undo his mistake after having been reminded of the rules. The apology, one has to remember, was made only after this case was filed.

    If you do not enforce, by way of a sanction, the Committee's bright-line rule that enforcement actions must not be undone at will even if one believes in good faith that they are incorrect (much like one must not unblock oneself even if one believes in good faith that one's block is incorrect), you essentially strip arbitration enforcement of its effectiveness. Because there is a good faith argument to be made for almost any unblock. And as a result, you may see many more cases like this one if you condone conduct such as that by Dreadstar.  Sandstein  17:29, 17 March 2011 (UTC)

  • @Sandstein: With all respect for the great work you do at AE, this response is a perfect example of the polarization you sometimes bring to situations you are involved in. You answer PK as if Arbcom has only a binary choice of remedy, either "desysop (at least temporarily)" or "do not sanction and in fact condone". In fact there is a wide range of possible remedies, with "condone" being one extreme (clearly off the table), "do not sanction" being another, and "advise/remind", "admonish/warn" being softer - and in my opinion more appropriate - types of sanctions than "desysop". In my opinion, you took a similarly needlessly polarized view in your evidence, where you stated that the suboptimal communication around the block of Ludwig did not "excuse or mitigate" DS's inappropriate unblock, seemingly without being open to the possibility that it might not excuse but may well mitigate. This "black or white, no shades of grey" approach may be necessary to be an effective arbitration enforcer in many instances, to fight against wikilawyering and wars of attrition. It is also a characteristic rhetorical style in adverserial proceedings. However, in other situations it may well escalate conflicts - and in particular, underlies the type of frustration which led DS and earlier Trusilver to inappropriately reverse your actions. Martinp (talk) 01:14, 18 March 2011 (UTC)
  • I agree that there is a wide range of possible remedies, and another sanction (such as a restriction on undoing blocks or AE blocks) may also work, but a mere reminder or caution would not have a sufficient deterrent effect on others to maintain the effectiveness of AE. Your point about my approach is taken, but this does not seem like the place to discuss it.  Sandstein  06:23, 18 March 2011 (UTC)
  • Respect for ArbCom decision, and enforcement actions, comes from well-reasoned, transparent, insightful decisions and reasonable explanations. In a project driven by good-will and volunteers, and based on consensus, it cannot come from sanction-based deterrence. This is not a police state. And this should not become a police state. Your block was bad. Even if you do not buy this, you cannot deny that it was badly communicated. If you produce situations where natural justice and slavish adherence to some rules conflict, or seem to conflict, the root cause of this conflict is not that people are violating the rules. Sanctioning editors acting in good faith based on selective reading of some rules (note that WP:IAR is policy) is counterproductive. --Stephan Schulz (talk) 13:51, 18 March 2011 (UTC)
  • I agree with Martin and Stephan. Sandstein, with respect, the problem arose here because of black-and-white thinking, so more of the same won't resolve it. Ludwigs approached WP:AN, frustrated, to ask for help. That was the right thing to do. Instead you told him AN was not for dispute resolution (which is false), then blocked him because he made his frustration too plain, and thereby violated some policy or previous decision, or whatever it was, so that suddenly that violation had to take precedence. Then the same response to having your block undone: focusing on how that happened, not on whether it was a bad block, and trying to get someone else into trouble. So now we're all on the process treadmill. And did the problem Ludwigs approached AN with ever get sorted? No. This amount of effort for that result makes no sense to me. SlimVirgin 14:36, 18 March 2011 (UTC)
  • Slim, Ludwig2 wasn't blocked for expressing his frustration with Quackguru. He was blocked because, after expressing his frustrations, he made a threat of what would happen if he didn't get his way, see evidence I just presented. He wasn't blocked because, as you said in the ANI thread "his language was a little aggressive"; he made a threat and, after being asked very directly, he played silly instead of retracting it. --Enric Naval (talk) 23:23, 19 March 2011 (UTC)
  • Enric, I am seriously disappointed. You are honest, you are intelligent, and you can read. It's incomprehensible to me how you can interpret Ludwigs2's plea for help as a threat when read in context. This only makes sense if you know the way Ludwigs2 generally behaves when he is confronted with unreasonable POV warriors and is not getting the support he deserves, and if you fault him for that. That's blaming the victim for practising self-defence after crying for help and being ignored by the constable. It's the mechanism that makes workplace bullies successful and causes their victims to be sacked. -- Or maybe I am wrong. In that case it should be easy to provide an example where Ludwigs2 has acted disruptively. (And preferably not from his first 6 months at Misplaced Pages.) Hans Adler 00:49, 20 March 2011 (UTC)
"I'm dropping this in your lap now, because if you don't do something to get him to fly right you'll leave me with no choice except to shout him down and shut him up. I'm very capable of doing that (as some of you should be aware), but if I have to go that route things will get progressively more ugly" If this is not a nasty threat of disruption, what is? - BorisG (talk) 01:52, 20 March 2011 (UTC)
It's a vivid description of what happens when an academic is faced with a Randy, doesn't get the support from admins and other editors that he can rightfully expect, but decides to solve the problem anyway. It's a description of a situation that is symmetric in that either user can stop it any moment by withdrawing and letting the other one win. It's a description of a situation that is asymmetric in that one user is acting rationally and entirely within policy, and the other is not. And it's a description of this situation by a user who is sufficiently objective and self-critical that he realises the potential of disruption and knows that he will be blamed for it by idiots who can only think in black and white, yet sufficiently idealistic to do the right thing anyway. Hans Adler 02:06, 20 March 2011 (UTC)
Hans, two comments:
  • I have no doubts that the arbiters will take the full context of my quote (as I laid it out in my evidence) into consideration.
  • I have no delusions that Enric or other editors in his camp (which apparently includes new-editor-Boris) will take a reasonable, detached perspective about it.
There is no point in debating the issue, because the issue comes down to whether one reads what I wrote in good faith or in bad faith, and Enric (for one) has never shown any inclination to take what I say in good faith. Best just to let him have his say - it's unlikely that anyone who matters will be taken in by this kind of ham-fisted rhetoric. --Ludwigs2 02:27, 20 March 2011 (UTC)
Basically, Hans, you are suggesting that Ludwigs2 threatened that if admins do not take action, he will take the law into his own hands. I think Ludwigs2 is quite right on the substance of the dispute with QG but I don't think such a threat is an acceptable way to address it. The only way I can explain your attitude is that you are so much involved in the actual dispute that it has limited your ability to judge this objectively. Unlike you, I am competely uninvolved, and I find this approach appauling. BTW, if Ludwigs2 went ahead and caused the disruption he threatenned, this would likely result in a long topic ban for both QG and Ludwigs2. Depends of course on his specific actions, whoch were only alluded to in vague terms. - BorisG (talk) 05:15, 20 March 2011 (UTC)
Boris, I made a grumpy frustrated allusion to the fact that things were likely to fall apart without admin intervention (which is the normal result of QG editing on a page, incidentally), and stated explcitly and clearly that I did not want it to go that route and that I wanted advice. To see that as a threat, you need to selectively take the quote out of context, and then expressly interpret that selective quote in the worst light possible. And even then, it's such a vague thing that calling it a threat seems quarrelsome. The whole 'threat' thing is a little bit of my doing filled with a whole lot of hot air, and the only reason it's still floating around is that there is no shortage whatsoever of hot air blowing from that side of the fence. --Ludwigs2 07:05, 20 March 2011 (UTC)
OK, this is how I read it when I first saw it. I was a bit astounded, but maybe there are other ways of reading it. Let's leave it at that. But your implication that my position on this is somehow related to my views on the content (or conduct of other editors) is completely misplaced. Cheers. - BorisG (talk) 08:56, 20 March 2011 (UTC)
@Ludwigs2. I have re-read your comment a few times, and I can only see a threat of causing disruption if admins didn't act your way. Denying such a simple fact is not helping your case. Honestly, you would be better served by simply recognizing that you made a threat due to frustration, and then explicitly retracting it. --Enric Naval (talk) 18:48, 22 March 2011 (UTC)
Enric: as I said previously, I've never seen you interpret anything I've done in good faith, so your perspective is unsurprising. I freely admit I was frustrated and that it was a poor choice of words, but there's really no way of interpreting my comment as a threat without a whole lot of mental gymnastics. sorry. --Ludwigs2 19:07, 22 March 2011 (UTC)
  • Sandstein, I want you to know that if I decide to put forth a remedy that you be desysop'ed, it will be primarily on the basis of your advancing this as a remedy. (I doubt either would pass, so I'm debating whether it would actually be worthwhile to demonstrate the relative support for either outcome) Regardless of your particular religious persuasion or lack thereof, you might want to read and consider Matthew 7:1-5. Jclemens (talk) 00:02, 23 March 2011 (UTC)
  • Hm, if proposing to desysop somebody is in and of itself worthy of desysopping, wouldn't you need to propose, then, to desysop yourself also if you make the proposal to desysop me because I proposed to desysop Dreadstar?  Sandstein  08:43, 23 March 2011 (UTC)
  • Unlike you, I haven't suggested someone else be desysop'ed for their part in a situation contributed to by my own admitted misdeeds. If you can admit that your own conduct could have been better, yet still propose the most draconian possible remedy for the administrator who corrected the result of your mistakes, you appear to be exercising judgment inconsistent with an administrator entitled to exercise AE sanctions. Jclemens (talk) 16:06, 23 March 2011 (UTC)
  • "Misdeeds"? I am frankly surprised not only by what I believe is your very ... peculiar and mistaken assessment of this situation, but also by your aggressive tone, which I think is not appropriate towards a fellow administrator who sees his work at AE as a service both to the Committee and to the community by helping to keep some of the most troublesome and vitriolic topic areas on Misplaced Pages from exploding. But, rest assured, if this is the kind of thanks I get from this Committee for trying to help out, I will stop any and all AE work at once. In fact, I will do so as soon as more than one arbitrator asks me to, whether it's you or anybody else. There are many far more relaxing areas of Misplaced Pages to work in, after all, and there is no point in imposing one's assistance on people who do not trust me to exercise judgment on their behalf. Just say the word and I'm gone, leaving you to have fun with all these interesting people and their interesting problems.  Sandstein  23:56, 23 March 2011 (UTC)
Comment by parties:
  • Proposed, same remedy as in the Trusilver case. The instant case is even more clear-cut than the Trusilver case, because unlike in that earlier case, Dreadstar's reversal of an AE action occurred in explicit contempt of very clear and well-publicised rules. If Dreadstar's admin record is otherwise unblemished, and I have no reason to assume that it is not, getting back the tools by either of the two methods should be relatively easy. Alternatively, the Committee may prefer to impose only a time-limited desysop to begin with, should they come to the conclusion that there are significant mitigating circumstances.  Sandstein  19:51, 15 March 2011 (UTC)
Comment by others:
  • Before I read this, I thought Sandstein was just making mistakes. CIreland, I'm sure seeing someone desysopped after entering AE for the first time will be a good way to encourage more admins to try it. Is WP:BITE entirely restricted to those who are new to WP, and does it have no relevance to (purported) mistakes of those trying to learn or new to a process? BE——Critical__Talk 00:22, 16 March 2011 (UTC)
  • Grossly disproportional and unreasonable. AGF, this was a good faith mistake and thus should not be sanctioned. Dreadstar's apology is enough. - BorisG (talk) 01:24, 16 March 2011 (UTC)
  • Overkill. An admonishment is warranted (possibly with a restriction to not overturn any admin actions if the Arbcom feels this is necessary), but in the circumstances of the case a desysop is unnecessary. In the Trusilver case, the AE-reversing admin was very forcefully stating that his principles required him to do the action, while in this situation Dreadstar has apologized and recognized he should have acted differently. There is no need for ArbCom to use the strongest penalty in its arsenal. To anticipate the objection to my point of view, Sandstein's evidence has shown that by and large AE sanctions are both fairly applied as well as rarely subject to reversal, through discussion or unauthorized Cowboy action. So there is no need to "assert authority" forcefully and make an example of someone - an admonishment to indicate "we mean it" is adequate. Martinp (talk) 02:41, 16 March 2011 (UTC)
  • Agree with Martinp here. T. Canens (talk) 05:05, 16 March 2011 (UTC)
  • The only danger here with leniency is that others may view policy as toothless. Given the hearing that this transgression has gotten, I don't think anyone will confuse any result here with leniency. I agree with Martinp as well. Admonishment is best in this specific situation, and future situations may yield different results. aprock (talk) 06:01, 16 March 2011 (UTC)
  • While I almost entirely agree that Sandstien is correct in this dispute, desysop is too much. Noting even in Sandstien's related principle that admins face a sanction "up to and including desysopping". If an admin with a good record who has apologized for his isolated mistake is given the highest possible sanction then under what circumstance is a lesser sanction warrented? If the block is upheld and AE sanctions are re-affirmed then there is no reason to call for Dreadstar's head. Admonishment tops... maybe even just a reminder if the Arbs were feeling lenient. 158.35.225.240 (talk) 15:43, 17 March 2011 (UTC)
While I stand by my previous comment that this particular violation alone does not necessitate a desysop, Skinwalkers evidence of Dreadstar's pattern of behavior has convinced me that a desysop should be considered by the Arbs. I wouldn't call it a sure thing, but enough for it to be on the table for discussion. 158.35.225.240 (talk) 15:39, 23 March 2011 (UTC)
  • Draconian. Even if the findings are that Sandstein is 100% in the right, there's no reason to jump straight to desysop. Given the facts a "warning" or "admonishment" should sufice if Dreadstar is found to be 100% in the wrong. Honestly this proposal illustrates Sandstein's heavy handed approach to enforcement.--Cube lurker (talk) 16:02, 17 March 2011 (UTC)
  • Per Cube lurker. Moreschi (talk) 10:10, 18 March 2011 (UTC)
  • Overkill. Dreadstar apologized in a most abject manner. I accept that. What needs to happen should be preventive in nature. The AE block template needs to be reworded making it clear that the bright line is absolute. It is not up to any admin considering an unblock to determine if the block was proper, unless there is clear evidence in other venues that the account has been hijacked or the blocking admin was literally insane or influenced by drugs or alcohol. Doing otherwise is a violation of AGF. The blocking admin may know something that the other admin is not privy to. The bright line needs to be underlined and it be made clear that certain procedures MUST be followed before an unblock occurs, including the agreement of the blocking admin (?). In the future, violations of the bright line should result in desysopping based on this AE case. -- Brangifer (talk) 16:59, 18 March 2011 (UTC)
  • I will not propose or advocate a specific remedy for Dreadstar, but I am curious if those who commented here would reconsider based on the evidence I collected. Skinwalker (talk) 23:34, 22 March 2011 (UTC)
  • I have no judgment about this, except that arguments by Sandstein sound logical, and he acts consistently. Sandstein applies the same standards to Dreadstar as to anyone at AE. He does everything in his power to enforce decisions by Arbcom. Hodja Nasreddin (talk) 01:08, 23 March 2011 (UTC)
  • In light of Skinwalker's evidence of a long-standing pattern of promotion and defense of fringe subjects and editors, and with misuse of admin tools to do it, I support desysopping Dreadstar. -- Brangifer (talk) 03:37, 23 March 2011 (UTC)
  • Support desysop. Ignoring clearly defined AE standards, especially when it appears to do so to unblock an editor whose side he has taken on other related disputes (so the "uninvolved" part of clear consensus of uninvolved admins was not met -- not the other part was met either), should lead to a desysop. If the community at large thinks he is valuable they can vote him back in. DreamGuy (talk) 18:02, 23 March 2011 (UTC)
I am sure that arbitrators will look at evidence by Skinwalker to decide if it was an isolated episode. Hodja Nasreddin (talk) 05:09, 24 March 2011 (UTC)

Arbitration enforcement procedure

2) Administrators are advised not to take arbitration enforcement actions other than in response to a request at WP:AE by another editor. The request must state the reasons for which enforcement is requested and must include diffs as evidence for any assertions of misconduct. Before enforcement action is taken, the editor against whom enforcement is requested must have been notified of the request and must have had an opportunity to respond to the request. These rules do not apply to enforcement actions that are necessary to stop repeated disruption that is ongoing at the time of the enforcement action.

Comment by Arbitrators:
Prefer this proposal, which is similar, but less radical. PhilKnight (talk) 21:12, 29 March 2011 (UTC)
Comment by parties:
  • Proposed as new AE policy. These procedural safeguards mostly represent current practice at WP:AE (see {{Arbitration enforcement request}}) and should help allay concerns about the possibility of arbitrary or capricious application of AE. I normally decline to take AE action outside of the context of a request at WP:AE, and had I followed this rule in the instant case also, chances are that it would have evolved in a less dramatic manner. Centralizing AE actions at the noticeboard also allows for easier review and supervision of AE actions.

    The "emergency clause" at the end makes clear that this does not apply to cases where immediate intervention is needed, such as an ongoing edit-war. But even then, any immediate AE sanctions should only go as far as is needed to stop the immediate trouble (e.g., a short block), leaving more longterm sanctions (such as topic bans) to be decided at WP:AE.  Sandstein  19:02, 15 March 2011 (UTC)

Comment by others:
  • Restricting these discussions to AE seems like overkill. Sometimes there will be an edit war reported at WP:AN3 to which Arbcom case remedies could apply. In my opinion, admins who close AN3 cases should still be allowed to take arbitration enforcement actions. Here are a few examples where the action taken at AN3 seems correct. Anyone sanctioned at AN3 who doesn't like the outcome may still appeal at AE. The more structured decision-making at AN3 appears to make it more suited to this role than ANI, which occasionally has a wild-west atmosphere in which the participating admins may not have a shared vision of the correct protocol for admin actions. AN3 also has the tradition that the mover of the action is different from the closer. EdJohnston (talk) 01:03, 16 March 2011 (UTC)
  • Appreciated self-reflection by Sandstein, and probably good policy. However unnecessary as an Arbcom-enacted remedy. Also in the category of food for thought for AE administrators: recommend where possible a less legalistic tone, and a slightly greater bias towards bilateral communication (recognizing that warring parties may try to game this, of course). In this instance, if instead of Ludwig receiving a cryptic threat to "show cause" within 2 hours of something, he had received a simply phrased note reminding him that he was not supposed to do X and Y, his contribution at AN violated that, and he should redact it in a timely manner to avoid an AE block, we probably wouldn't be here. Martinp (talk) 02:41, 16 March 2011 (UTC)
I note that Sandstein has said subsequently substantially the same as my "Also in the category..." thought in his answer to questions posed to him at the top of his page. I will say that at first when I read Sandstein's evidence I was concerned with what I personally perceived as an overly legalistic tone as well as a lack of self-awareness. However, on rereading the evidence and other contributions during the case, I am convinced that self-reflection on what could be done better has been performed by all parties to this case, and thus from a procedural point of view very little beyond an admonishment of Dreadstar's incorrect action is needed as a formal remedy in this case. However, I do get the feeling that the incorporation of elements such as those raised above into informal but explicitly stated AE standard operating procedures, and indeed perhaps the greater codification and discussion with the community of such procedures in an informal setting after the closure of this case, might be of benefit. Such procedures would of course not excuse anyone from overturning an AE action even if he/she believed such procedures were not followed, but their establishment would help establish clarity about what are reasonable expectations of "fair dealing" and provide greater consistency of AE enforcement as well as better structure for appeals based in part on process than substance. Martinp (talk) 10:20, 16 March 2011 (UTC)
  • Overkill. In addition to what EdJohnston said, what if an administrator came across an edit war that they think is best dealt with by an article-level 1RR? What about a  Confirmed checkuser finding at SPI? Or suppose someone made a complaint at ANI to which all relevant users have responded already? (Let's assume that the facts are clear and the violation is plain.) Requiring a pro forma AE report in those cases just adds a layer of bureaucratic paperwork without any added value. The real question is whether the user has notice and a reasonable opportunity to be heard before any sanction is imposed. T. Canens (talk) 05:05, 16 March 2011 (UTC)
  • Concur with Ed and Tim here. Part of the advantage of the discretionary sanctions is that admins have, well, a discretion. If we had to discuss every 24-hour block at AE, nothing would ever get done. HJ Mitchell | Penny for your thoughts? 00:25, 19 March 2011 (UTC)
This could actually make it more difficult to use the streamlined discretionary sanctions process than the usual blocking processes, and would increase the already substantial process-knowledge advantage experienced editors have over new volunteers. I believe that there is a standard Principle that the admin corps is not a detective force hunting for violations, though. - 2/0 (cont.) 06:57, 19 March 2011 (UTC)
  • I strongly disagree with this proposal. WP:AE is a cesspit of lawyering, gaming, tagteaming and all sorts of other bad behaviour, and usually makes situations worse. Speaking as someone who used to be very active in WP:ARBMAC enforcement, I can confidently say that Arbmac was successful in its early days exactly because the sanctions typically didn't come from AE or anything similar, but were done by admins monitoring the dispute area from close range, on their own initiative. The best Arbcom sanctions were always those that came "out of the blue". Fut.Perf. 13:43, 23 March 2011 (UTC)

Proposed enforcement

Because only the Committee can enforce the proposed remedies, no enforcement provisions are required.  Sandstein  20:02, 15 March 2011 (UTC)

Proposals by User:Mjroots

Proposed remedies

Note: All remedies that refer to a period of time, for example to a ban of X months or a revert parole of Y months, are to run concurrently unless otherwise stated.

Remedy 1 by Mjroots

1) A clarification is made in respect of the forming of a consensus. A time span of 3¼ hours seems to be on the short side to me.

As noted at {{uw-aeblock}}, the template contains a message that Admins are prohibited from reversing or overturning (explicitly or in substance) any action taken by another administrator pursuant to the terms of an active arbitration remedy, and explicitly noted as being taken to enforce said remedy, except: (a) with the written authorization of the Committee, or (b) following a clear, substantial, and active consensus of uninvolved editors at a community discussion noticeboard (such as WP:AN or WP:ANI). If consensus in such discussions is hard to judge or unclear, the parties should submit a request for clarification on the proper page. Any administrator that overturns an enforcement action outside of these circumstances shall be subject to appropriate sanctions, up to and including desysopping, at the discretion of the Committee."

To me, part (b) needs to be expanded upon. It could say something like (b) following a clear, substantial, and active consensus of uninvolved editors at a community discussion noticeboard (such as WP:AN or WP:ANI) obtained over a period of at least "x" hours), with "x" being a figure to be decided by consensus. I would suggest a minimum of 8 hours, with a maximum of 24 hours (such time to be counted from the first raising of the issue at AN or ANI.

With this clarification, Admins would have a clear guide that time needs to be allowed for adequate discussion, and that such blocks are not to be hastily reversed, even if they appear to be wrong. This amendment would not prevent the blocking admin from unblocking at any time should they decide that consensus is clearly showing the block was wrong, or a successful unblock appeal is made by the blocked editor (in the latter case, the unblocking admin within the timescale decided upon would be the blocking admin). Mjroots (talk) 05:39, 16 March 2011 (UTC)

Comment by Arbitrators:
I think 24 hours is customary to allow editors from different time zones the opportunity to comment. PhilKnight (talk) 16:17, 17 March 2011 (UTC)
Forgive the lack of decorum in threading this but... What if the block is only 24 or 48 or even 72 hours in duration? By the time we're finished discussing it, the block is over or a third or half of it has already elapsed. That's why I'm proposing something like what I'm about to post below. HJ Mitchell | Penny for your thoughts? 01:50, 19 March 2011 (UTC)
24 hours may be appropriate, but if 5 different people jump in and say "horrible block" in the first 5 minutes with no opposes, that's probably enough to be considered a consensus right there. Justice delayed is justice denied, so I can't see the value of a mandatory review period in the face of overwhelming opposition (or support, but that's clearly less of a problem) for such an action. Jclemens (talk) 02:24, 23 March 2011 (UTC)
Comment by parties:
Comment by others:
  • The AE block template needs to be reworded making it clear that the bright line is absolute. It is not up to any admin considering an unblock to determine if the block was proper, unless there is clear evidence in other venues that the account has been hijacked or the blocking admin was literally insane or influenced by drugs or alcohol. Doing otherwise is a violation of AGF. The blocking admin may know something that the other admin is not privy to. The bright line needs to be underlined and it be made clear that certain procedures MUST be followed before an unblock occurs, including the agreement of the blocking admin (?). In the future, violations of the bright line should result in desysopping based on this AE case. -- Brangifer (talk) 17:03, 18 March 2011 (UTC)
No. The AE block needs to be brought in line with consensus-oriented Misplaced Pages processes, not made worse. Creating an asymmetric first-mover advantage towards a sanction was and is a bad idea. This is comparable to the case where any cop can throw you into prison, but it takes a full jury trial to get you out. We either need a stronger requirement for imposing an AE block, or we need to make it easier to overturn. Indeed, I question even the mandate of ArbCom to implement such a measure to begin with - ArbCom is there to arbitrate, not to make life easy for admins working in AE enforcement (see how self-centered this already becomes - if ArbCom spends more time dealing with self-created issues than with actual user conflicts, something is off). --Stephan Schulz (talk) 17:20, 18 March 2011 (UTC)
Stephan, there already is a strong requirement for an AE block: the topic area has to be under special arb sanctions, the equivalent of arbcom reading the riot act over it. Only a few hundred(?) articles out of the millions on Misplaced Pages are affected. It's like the difference between a normal neighborhood and a war zone. You have to be very careful in war zone, or expect to take flak. 75.57.242.120 (talk) 10:07, 19 March 2011 (UTC)
Two points. First, no, there is no such a requirement. I can go ahead and block Sandstein for violation of WP:ARBMAC now and slap a template on his page, if he has ever edited there or not. I can even come up with a reason to link him with the controversy, although that is not, apparently, required right now. And secondly, your example is flawed. Yes, operating in a war zone is dangerous. But grabbing people there and sanctioning them without effective remedy is not acceptable, even if we have some sad real-life examples. --Stephan Schulz (talk) 17:40, 19 March 2011 (UTC)
Agree with BR. If you are going to have AE blocks be administered under the current policy, then the block text and template should be much more clear. That seems uncontroversial. Ocaasi (talk) 01:04, 20 March 2011 (UTC)

Proposals by User:HJ Mitchell

Proposed principles

Appeals of Arbitration Enforcement blocks

In accordance with long-standing policy, as re-affirmed by the Trusilver case, no individual administrator may reverse a block made to enforce an arbitration remedy. This is to maintain a sense of decorum in the area of Arbitration Enforcement and to diminish the possibility of unblocks made based on personal opinions. The Committee will recognise three formal avenues for the appeal of such blocks: 1. Blocks of up to two weeks in length may be appealed to a small panel of administrators experienced in working with Arbitration Enforcement. That panel may overturn or reduce the duration of a block if a majority of its members are in agreement that:

    • The actions of the sanctioned party did not fall under arbitration remedies
    • The specific sanction was not permitted under any relevant arbitration remedy
    • The length of the block was totally disproportionate
    • The block was permitted by applicable arbitration remedies but was not or is no longer necessary to prevent disruption
The panel will actively seek input from both sides of a dispute before reaching any decision.

2. Arbitration Enforcement blocks may also be appealed to the community, via an appropriate noticeboard such as WP:AE, WP:AN or WP:ANI. In such cases, the block may not be lifted without a clear, substantial, and active consensus of uninvolved editors, regardless of whether the unblocking admin believes the action to be within the bounds of an active arbitration remedy.

3. By appeal direct to the Arbitration Committee.

Comment by Arbitrators:
Comment by parties:
Sounds sensible to me. I think that could already be done through WP:BASC, if that committee was willing to hear such appeals.  Sandstein  07:30, 19 March 2011 (UTC)
Comment by others:
I'm aware that #1 is a big proposal and that the details will need to be worked out, but I feel it's necessary. See my evidence submission for my thinking behind this. HJ Mitchell | Penny for your thoughts?
Better than what we have now, but a) it creates yet another process and institution and b) still leaves a large imbalance. In principle I think that "what one admin hath given, one admin should be able to take away". However, if we go this way, I'd think that "any two admins" or "any three admins" would be much less painful than yet another committee (where people might want to wait until everybody has had a say, making the process moot in the case of short blocks). Or we might want to guarantee a decision in no more than 1/24th of the block time. I.e. if a user is blocked for 48 hours, whatever the majority of commenters think after two hours holds. --Stephan Schulz (talk) 06:59, 19 March 2011 (UTC)
  • I think that an appeal panel would be a good idea. Because arbitrators often intervene in these appeals anyway and the appeals often concern interpretations of previous ArbCom decisions, perhaps such an appeal panel could be made up of three or four members of the arbitration committee. As Sandstein has very sensibly suggested, WP:BASC could perform this role. They may see fit to make a ruling in a particular case, upholding or reversing a decision; or, where matters are not so clear, they may suggest that a formal request for clarification be made to the whole of the arbitration committee. Although speedy outcomes are desirable, because wikipedia is edited in different time zones and all editors are subject to unexpected demands in the real world, they cannot necessarily be guaranteed. Mathsci (talk) 07:34, 19 March 2011 (UTC)
In dubio pro reo would suggest that if no decision can be made speedily, the default should be to unblock. --Stephan Schulz (talk) 07:43, 19 March 2011 (UTC)

Administrators do a difficult job

Discretionary sanctions place a heavy burden on administrators, who, on the whole, perform well in enforcing them. Administrators should be commended for their work and the occasional misjudgement can be forgiven.

Comment by parties:
While I think this is a generally true statement, I do not want to see every bad action taken by an administrator brushed off as an occasional misjudgment. Administrators using AE are given a hell of a lot of unilateral power, and because of that ought to be subject to critical (and unsympathetic) review. People with power require more oversight, not less. perhaps that should include some positive rewards for admins who do careful, thoughtful, and judicious remedies, but if we get in the habit of saying "Admin X must be right about this because he's such a great guy" then the system is ripe for abuse. --Ludwigs2 22:08, 19 March 2011 (UTC)

Consistently poor Arbitration Enforcement actions

Administrators active in the area of Arbitration Enforcement are encouraged, but not mandated, to undertake a peer review of their fellow administrators' actions and to discuss poor sanctions with the imposing administrator.

If an administrator repeatedly displays judgement less than that expected in the area, they may be asked by any editor to stop or suspend their work there. In extreme cases, the community of the Arbitration Committee may restrict an administrator's work there.

Proposed findings of fact

Dreadstar

1) Dreadstar (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) is a good administrator who, in this case, exhibited poor judgement in reversing a block which he knew the blocking administrator believed was enforcing an active arbitration remedy.

Sandstein

2) Sandstein (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) is a good administrator who consistently undertakes difficult work in Arbitration Enforcement, for which he should be commended. Sandstein's block of Ludwigs2 (talk · contribs · deleted contribs · logs · filter log · block user · block log) was made in good faith. A block was not, however, the best course of action in this instance.

Comment by Arbitrators:
Comment by parties:
For the reasons explained further below, I believe that because the block was made in the exercise of discretion explicitly delegated by the Committee to administrators, whether a block was or was not the best course of action in this instance is not a finding that the Committee should make. Instead, it should only review whether the block was an admissible action within the bounds of discretion it had previously set.  Sandstein  07:14, 19 March 2011 (UTC)
In view of comments I made below, I should be more precise: if arbitrators have advice about what (if any) action would have been better, I welcome it – as advice. But for the foregoing reasons, an authoritative finding of fact saying "a block was not the best action" does not strike me as helpful.  Sandstein  11:18, 21 March 2011 (UTC)
Yes, I know, you are trying to defend your ability to make blocks on purely procedural grounds, without reference to context or common sense. Literalism again - this seems to be a theme in this arbitration. Allow me to point out that literalism of this sort is what people turn to when they know that reason does not lead in the direction they want to go. --Ludwigs2 02:57, 20 March 2011 (UTC)


Comment by others:
If a sanction is compliant with the dicretion delegated by the ArbCom but is found to be detrimental to the goals of Misplaced Pages, then a determination to this effect would be useful. - BorisG (talk) 12:38, 19 March 2011 (UTC)
Without necessarily implying misconduct on the part of blocking admin, it is very useful for the committee to provide guidance on how they think the discretion they granted should be exercised. T. Canens (talk) 05:19, 21 March 2011 (UTC)
Agree with T. Canens. I haven't looked into the details of Ludwig's comment that prompted the block, or the longer behavioural context in which is resides, so I don't have an opinion whether the block indeed was not the best course of action, or if it was the best course of action but merely the communication surrounding it was sorely lacking. A few days ago, noting Sandstein's self-reflection on the communication aspect in his own evidence, I would have said no finding of fact or remedy related to this was necessary. But I am sufficiently disquietened by Sandstein's responses to HJM's finding of fact above and proposed remedy below that I now think Arbcom must include something like this in its resolution of the matter. Martinp (talk) 05:44, 21 March 2011 (UTC)

Appeals process for Arbitration Enforcement blocks is unfair

3) The current processes for appeal of blocks under discretionary sanctions unintentionally put the appellant at a disadvantage because the primary method of appeal requires discussion on-wiki, in which the appellant can only participate by proxy, relying on others to copy comments to the applicable noticeboard thread. As a clear consensus is required and no individual administrator may unilaterally reverse an action made by another, the process is often slow and, in the case of a 24-hour block, may take so long to resolve the issue that the block will have little time remaining.

Comment by Arbitrators:
This is inherent in the way AE was designed. It is appropriate to decide whether it is appropriate for that design to continue in light of such demonstrated suboptimal outcomes. Jclemens (talk) 02:26, 23 March 2011 (UTC)
Comment by parties:
I agree that there is some degree of disadvantage, but that disadvantage (limited ability to communicate) is a feature of every block, not just AE blocks. This proposed finding, I think, overestimates the importance of back-and-forth discussion. Whether a block was validly made or not should become clear from the statement of appeal and the statement, if any, from the blocking admin; there is seldom need for much back-and-forth discussion on this point because the evidence (in the form of contributions and page histories) is transparent to all. The disadvantage is therefore not of material importance. As regards short blocks, if a short block is really arbitrary or capricious, a clear consensus to overturn it will form within hours at ANI. If such consensus does not form, that may be a sign that the block was not so clearly out of discretion that it needs overturning.  Sandstein  07:14, 19 March 2011 (UTC)
Comment by others:
I'm not going to make any findings wrt the Ludwigs/QuackGuru dispute which indirectly triggered this. HJ Mitchell | Penny for your thoughts?

Proposed remedies

Note: All remedies that refer to a period of time, for example to a ban of X months or a revert parole of Y months, are to run concurrently unless otherwise stated.

Dreadstar strongly admonished

1) Dreadstar is strongly admonished for his out-of-process unblock of Ludwigs2. He is cautioned that any future instance of such an unblock may lead to sanctions, up to and including desysopping. He is further cautioned to make reasonable efforts to contact the blocking administrator in the event of any future incident where he feels a block is unnecessary.

Comment by Arbitrators:
Comment by parties:
Comment by others:
Strong admonishment feels like the right remedy in this instance. I would broaden the cautions to "all administrators are cautioned" and include "community members are reminded to use the AE review processes" in some way or form. Martinp (talk) 05:03, 21 March 2011 (UTC)
Clearly a mere admonishment is not enough given this admin's demonstrated history of taking sides in fringe-related topics, as well as his being aware of the AE sanctions and proper way of responding, which he chose not to follow. This would not even rise to the level of a slap on the wrist and would let other admins know that they can ignore AE rulings at will with no serious recourse. DreamGuy (talk) 18:07, 23 March 2011 (UTC)

Sandstein reminded

2) Sandstein is reminded that discretionary sanctions are discretionary and he should consider not just whether an action is sanctionable under a specific remedy, but whether a sanction is the most appropriate course of action. He is reminded that polite notes and warnings can sometimes be a more effective solution. He is further advised to be more communicative with administrators with whose actions he disagrees and that arbitration should be a last resort.

Comment by Arbitrators:
Comment by parties:
I think your proposal is based on a mistaken understanding of "discretion". That word means "the power or right to decide or act according to one's own judgment", and in law specifically, "the power of ... to make decisions on various matters based on his/her opinion within general legal guidelines". This means that, in matters explicitly left to discretion, the exercise of that discretion is not subject to review by the authority of appeal, but only whether discretion was exercised within the bounds set for it (in this case, the applicable remedy and Misplaced Pages policy). Consequently, in this case, the Committee ought not to review whether a block was indeed the most appropriate course of action (because this is precisely a matter it left to administrator discretion) but only whether a block was an admissible action within the bounds of the remedy and policy. One can of course disagree whether a system that gives such discretion to individual administrators is wise (the dictionary cites the adage, optima lex quae minimum relinquit arbitrio judicis: optimus judex qui minimum sibi) but as long as the applicable rules do explicitly provide for discretion, administrators cannot, I believe, be faulted for exercising that discretion.  Sandstein  07:00, 19 March 2011 (UTC)
I'm not sure if I read this right. If this (or another) AE block were appealed using the accepted AE review process, and broad community consensus or the opinion of the committee emerging during that review were that the AE block was admissible as an AE action but was not the most appropriate action under the circumstances, would you feel it would be incorrect for the AE action appeal to be successful and the block overturned? Or is your contention merely that since no such appeal has happened in this instance, it would be incorrect for you to be sanctioned (if indeed a reminder is a sanction), provided you were operating within the realms of the discretion afforded to you? Martinp (talk) 09:05, 19 March 2011 (UTC)
With respect to the second part, yes. With respect to the first part, the extent to which an authority of appeal (either the community or ArbCom) should exercise deference in reviewing the exercise of discretion (that is, whether they should review de novo and substitute their own judgment for that of the administrator, or whether they should limit their review to whether discretion was abused or exceeded) is a separate and interesting question. But it does not need to be answered here, since we are not discussing an appeal. And outside of an appeal, in what amounts to a disciplinary review of the use of delegated AE authority, there is no reason to second-guess the exercise of discretion beyond a determination whether discretion was exceeded. This is because we are only examining admin conduct, not whether a sanction should be lifted (it has already been).  Sandstein  18:59, 19 March 2011 (UTC)
Discretion has more than one meaning. In the case of this proposed remedy, I'm using it to mean "the freedom to make one's own judgements"—the sanctions are discretionary in that you are not obliged to sanction someone who violates an applicable arbitration remedy. To put it another way, if you're speeding on the motorway and you're stopped by a traffic policeman, he has a discretion to give you a ticket, or he can just give you a bollocking and send you on your way. HJ Mitchell | Penny for your thoughts? 01:15, 20 March 2011 (UTC)
That is of course true, but I do not see how a reminder about this is helpful here. I am very much aware that discretion means that I am not required to make a block in a case like this. And I am also aware that there are alternative to blocks, such as warnings, because I have issued many of them. I made the block not because I believed I had to make it, but because I chose to make it after coming to the conclusion that it would prevent continued disruption more effectively than a warning. Now maybe the Committee believes I chose wrongly, and if so (as I say below) I welcome advice by the Committee which specific action would have been better in this situation. But there is no need to remind me, in the abstract, that there are alternatives to blocks, because I am aware of that.  Sandstein  10:35, 21 March 2011 (UTC)
Comment by others:
  • I think what HJ is trying to say is that (note that this is my interpretation) from looking at your enforcement actions, you seem to be very "by the books". So it's not clear, from what you wrote, whether you realized that you have discretion to deviate from "the books", that is, whether you seriously considered the possibility that a "non-book" action may be a better fit before taking a "by the books" action. If you didn't realize that you have that discretion, it's bad, because you can't be said to have properly exercised discretion if you don't recognize the full extent of the discretion you have. A reminder like this would be simply saying that and a gentle (well, about as gentle as arbcom cases get) nudge that it is probably wise to give "the books" less weight when you consider these matters in the future. T. Canens (talk) 05:38, 21 March 2011 (UTC)
  • Again, agree with T. Canens. I am not sure I love the specific wording of the remedy, but Sandstein's reaction, here and in the discussion of the related FoF above, make me believe some sort of reminder and/or other guidance to AE admins and Sandstein in particular is needed to avoid a similar situation from arising again. In the context of this workshop, I would have loved to have seen a voluntary request from Sandstein that given the amount of discussion about this one AE action, he would appreciate feedback as to appropriateness of the sanction he selected, so as to guide him and other admins in AE going forward. Instead, he is arguing forcefully that the committee should not opine on this at all. I think we are all left wondering whether he genuinely feels that he and other AE admins should have power to empose sanctions as they see fit without any community or committee feedback, or whether he has just fallen into the trap of considering these very proceedings as more legalistic and adverserial than they are meant to be, and therefore merely refuses to "give an inch" before the case is closed. In either case, I have become presuaded that some official guidance to him - which need not be interpreted as a sanction - is needed. That is, of course, all presupposing the committee do feel he could have handled this situation differently. Martinp (talk) 06:03, 21 March 2011 (UTC)
  • I may not have expressed myself clearly. As I said in the request for arbitration, "I welcome any advice or criticism by the Committee about whether my AE action was appropriate or what other action, if any, would have been better." I still do. After all, similar situations are liable to reoccur, and I am grateful for opinions (as many have already been voiced) about what an administrator should do in such a situation. For this reason, a finding like "the Committee, while recognizing that the block was within administrator discretion, believes it was unhelpful because ..." would be welcome, should the Committee indeed be of that opinion. But the remedy proposed above is not helpful because it does not give any guidance with respect to whether the specific action was or was not sensible. Instead, it gives what I consider superfluous or mistaken advice about discretionary sanctions in general, thereby implying that I misused or misunderstood the degree of discretion delegated to me, which I believe is not the case.  Sandstein  07:13, 21 March 2011 (UTC)
  • Sandstein, I understand (and in an idealized sense agree with) your legalistic argument. Yes, 'discretion' in the legal sense means that you are supposed to act in accordance with your own best judgement. The problem we are working through here is that real applications of legalistic discretion always have clearly-defined limits with distinct penalties for those who exercise poor judgement (even if they do so innocently). This encourages people who are granted legal discretion to exercise ethical discretion (discretion in the other sense of the term) and keeps the system from being abused or becoming absurd. Currently, there are no such limits and no effective penalties for the use of poor judgment in AE. There must be some formal curb on the power of administrators using AE, otherwise there is nothing to stop such an admin from acting out on his/her baser instincts and subjecting an editor to useless or punitive sanctions that are nearly impossible to overturn - and yes, we all acknowledge that admins are NOTPERFECT, so we cannot always rely on them to exercise ethical discretion properly on their own. I have made a case that you went past the limits of legal discretion by imposing a sanction at ANI, but that's something debatable that ArbCom will assumedly decide. However, I think it's clear to everyone that you fell short of exercising ethical discretion, and ethical discretion can't ever be reduced to mere legal constraints (any more than one can justify crashing into a bunch of school children by claiming that one was carefully obeying the 25mph speed limit). Do you really need the committee to advise you that a request to redact was a more effective and apt approach than a 3-day block in this case? Because if you do need that kind of hand-holding, it may not be appropriate to allow you to continue to exercise discretionary authority. --Ludwigs2 08:23, 21 March 2011 (UTC)
  • This is simply a personal discretion. Arbcom asked individual administrators to exercise their personal judgment, and they do just that. This may be a good judgment or a poor judgment. A lot of executive decisions in politics and industry are wrong (some say that having 50% of wrong executive decisions is not uncommon). That's the nature of discretionary sanctions. Do we need discretionary sanctions? Looking from a humanistic perspective, some unhappy people come to AE with complaints, and administrators make them even more unhappy. But as a practical matter, I would say: you should use the discretionary sanctions only in the areas with excessive number of editors, but do not use them in areas that are already a desert, like many EE-related areas. Hodja Nasreddin (talk) 14:46, 22 March 2011 (UTC)
    • poor judgement in the business world costs the company money and usually impacts on the executive's career, which serves to motivate executives to use better judgement (keeping in mind that the business world prioritizes risk in a way that wikipedia doesn't - risky behaviors in business can sometimes produce great profit, so they are indulged). There is no place in the real world where discretionary sanctions are allocated to people without consequences for poor judgement (except in the intersection of politics and law enforcement, where in some cases police/military are allowed to do whatever they like with political prisoners in order to further the interests of the state - and that works out fabulously for everyone, yah?). --Ludwigs2 16:22, 22 March 2011 (UTC)
Completely unnecessary. Considering the seriousness of the threat Ludwgis2 made, in combination with Ludgwigs2's prior edit history and warnings, the block was exactly what the AE sanctions were created for. DreamGuy (talk) 18:21, 23 March 2011 (UTC)

New appeals process for short Arbitration Enforcement blocks

3) The Committee will appoint a group of administrators (perhaps a dozen?) who have experience in Arbitration Enforcement. At the request of the appellant, this panel will hear appeals of Arbitration Enforcement blocks of up to two weeks in duration and will have discretion to reverse or reduce the duration of such blocks if, in the view of a certain number of its members, the block meets one of the criteria in #Appeals of Arbitration Enforcement blocks above. Wherever possible, this panel will hear a statement from the blocking administrator before arriving at any decision.

Comment by Arbitrators:
This is an idea worthy of further consideration. PhilKnight (talk) 19:30, 19 March 2011 (UTC)
Comment by parties:
I agree with this proposal. I have long argued that the Committee should delegate some of its authority to panels in order to act more effectively.  Sandstein  07:01, 19 March 2011 (UTC)
  • To my mind, making appeals easier is not really a meaningful solution. What the system needs is more clearly defined limitations on the way sanctions are imposed and some strong and clear sanctions for administrators who abuse the process. Otherwise the system can continue to be used (the way it was here) to protect favored editors and punish disliked ones - there's just no incentive not to do it. Why should an otherwise blameless editor be forced to sit on the sidelines for days while an unjust block goes through even an abbreviated appeals process? We need to give administrators a reason to use caution and good judgment when exercising discretionary sanctions, otherwise the system will be abused. --Ludwigs2 20:42, 19 March 2011 (UTC)
Comment by others:
3) will hopefully allow for a quicker and hopefully easier appeals process for AE blocks, which we currently lack, especially for short blocks. HJ Mitchell | Penny for your thoughts? 01:57, 19 March 2011 (UTC)
This problem where substantive appeals process is denied is why I oppose ordinary blocks of less than 24 hours. Increasing the default minimum block time would get around this to a certain extent, but would also make topic areas covered by discretionary sanctions even less like the normal editing we know and love and even less welcoming to new volunteers. IRC has its own problems. Likely the only people who would volunteer for this new process would be the same few who are currently stretched so thin at AE. I do not recall seeing an instance where a blocked user missed being able to comment due to too few people checking their talkpage and transferring any comments, but it does smack of unfairness. Perhaps we could make discussion at a blocked user's talkpage the norm for such discussion, with a pointer left at AN/I or wherever. - 2/0 (cont.) 06:38, 19 March 2011 (UTC)
The only problem I can think of is that this might encourage the perception of a "cabal" of AE admins. Another possibility is that, upon appeal to the committee, the sanction being appealed may be suspended if three arbitrators agree and there is no dissent (similar to a level I desysop), pending final decision by the committee.

For the communications issue, I think transclusion and <onlyinclude> tags are underused, and may be a good solution since the current AE appeal template does not allow threaded discussion. T. Canens (talk) 05:09, 21 March 2011 (UTC)

We don't need yet another committee. Stifle (talk) 08:56, 22 March 2011 (UTC)

Reduce reliance on discretionary sanctions

4) In the medium to long term, the Arbitration Committee will endeavour to find alternative methods of resolving cases to discretionary sanctions, which place a heavy burden on administrators.

Comment by Arbitrators:
Agreed. ArbCom should avoid not sanctioning any of the parties, and just imposing discretionary sanctions. PhilKnight (talk) 19:25, 19 March 2011 (UTC)
There are several scenarios in which discretionary sanctions (and before that, "article probations" or the equivalent) have been used. One is where there are many editors engaged in problematic conduct, but the committee wishes to draw a line and give a fresh start and a last chance. One is whether there are many editors who have historically engaged in problematic conduct, but it is unclear who still is or is not doing so or is likely to do so in the future, and there is no point in sanctioning editors who may soon not be editing in the area in question. Another (though of course they overlap) is where a topic is so controversial that it is predictable that the current group of partisans will be superseded by another and another. I am sensitive to the objection (it has occurred to me) that in the first two scenarios, we are effectively delegating a great deal of discretion from the arbitrators who have been elected by the community to the AE administrators who have not been (though of course they have all been made administrators); decisions whether this is appropriate need to be made on a case-by-case basis. In the third scenario, authorizing discretionary sanctions is seen as alternative to the likelihood of another case or cases down the road. I would ask those advocating reducing reliance on discretionary sanctions or similar remedies to suggest what methods could best be used in their place, perhaps with an example or two. In the meantime, I am carefully considering the thoughtful comments below in this section. Newyorkbrad (talk) 00:27, 28 March 2011 (UTC)
Comment by parties:
I have submitted evidence that indicates that discretionary sanctions are very effective in resolving cases that might otherwise need arbitration (a "court of first instance", one might say) and so do have their place in an effective arbitration framework. (That is, if the Committee helps by preventing disruption of the process, as I request in this case.)  Sandstein  07:14, 24 March 2011 (UTC)
Comment by others:
Dither silently for three months while the participants fight, then slap some discretionary sanctions on topic area and call it a day is not a good model for arbitration, but some form of continuing streamlined resolution process is probably necessary. Getting more admins involved at AE would help. - 2/0 (cont.) 06:26, 19 March 2011 (UTC)
Agreed, but restricting and second-guessing the discretion given to administrators will have the opposite effect. AE is probably the most toxic and difficult area of Misplaced Pages. It is full of people who hate one another and, in consequence, hate any administrator who does not see The Truth. Administrators who work in this area must have some reasonable degree of protection from this toxic environment, including clear and strictly enforced guarantees that AE decisions will not be lightly second-guessed or undone at will. If the Committee does not make me confident of that, I do not think that I will continue to work in this area and the Committee will increasingly have to deal with these difficult conflicts directly again. Whether they want to do that, of course, is up to them.  Sandstein  07:28, 19 March 2011 (UTC)
I frankly do not see how "restricting ... the discretion given to administrators will have the opposite effect". Encouraging second-guessing is probably not a good idea, I agree. But more guidance on how the discretion should be exercised should simply promote more consistent decision-making and less unwarranted disparities. T. Canens (talk) 05:22, 21 March 2011 (UTC)
I agree with that, in principle, but it would be difficult to imagine how such guidance would not amount to some sort of "sentencing guidelines" that may have the unwanted effect of resticting the ability of administrators to choose the appropriate action. Either the Committee trusts administrators to make, on the whole, appropriate decisions (even if they might disagree with any individual decision), and if so, they should continue to allow for discretion and refrain from second-guessing individual actions, except possibly on appeal. Or they do not so trust administrators, in which case they should abolish discretionary sanctions altogether and do the job themselves.  Sandstein  11:00, 21 March 2011 (UTC)
The committee's guidance would be more advisory than fully binding, but an admin who choose to deviate from it should be prepared to explain convincingly why the deviation is necessary. Kinda like the post-Booker sentencing guidelines. T. Canens (talk) 21:25, 21 March 2011 (UTC)
I'm not suggesting we abolish discretionary sanctions.. As I said in my evidence submission, they have their uses and I'd say they're essential to getting people to at least pretend to edit with some decorum in the Israel-Palestine area. I do think the Committee has come come to rely too heavily on them, though. HJ Mitchell | Penny for your thoughts? 20:43, 19 March 2011 (UTC)
Per 2over0. When we frequently get AE requests with dozens of diffs, something is not right. T. Canens (talk) 05:02, 21 March 2011 (UTC)
  • Agree with proposal by HJ Mitchell. It would be great to regularly review the discretionary sanctions in every area and decide if they are still necessary. But this is difficult: you do not have any good criteria to judge the effect of sanctions. If you judge by the number of sanctioned editors, the sanctions worked just fine . But if you judge by the amount of content that was not created as a result of sanctions and good contributors who left the project because of sanctions (like User:Turgidson), the results can be very poor. Hodja Nasreddin (talk) 15:32, 21 March 2011 (UTC)
I strongly support this proposal. ArbCom cases are typically complicated, with numerous diffs and other evidence, and with competing versions of the truth. ArbCom members have the leisure to review the evidence in full and the opportunity to discuss the matter confidentially. Admins at AE do not generally have a month to decide on whether to impose a remedy, nor tis there a confidential AE mailing list or IRC for frank discussions. The community elects the ArbCom to impose necessary remedies, not to simply delegate that authority to admins who have no special endorsement from the community to take that responsibility. The ArbCom should make greater effort to identify problem users and apply remedies to them specifically, and rely less on discretionary sanctions, which threaten even relatively helpful participants with blocks or topic bans and thus scare away uninvolved editors from topics which need outside input. In addition, when discretionary sanctions are imposed they should either have a fixed term or be reviewed periodically.   Will Beback  talk  22:15, 21 March 2011 (UTC)
Well said. PhilKnight (talk) 22:25, 21 March 2011 (UTC)
It is well said, and I agree in principle, but one should remember that the deficiencies Will Beback correctly identifies are much alleviated by the availability of appeals. AE sanctions are like a parking ticket: either you accept the ticket, or you go to court about it and insist on a full jury trial. Most people don't do this for various reasons, either with parking tickets or AE sanctions, and this saves the courts (and our Committee) a great deal of work.  Sandstein  22:47, 21 March 2011 (UTC)
Many people don't fight traffic tickets simply because they don't think they can prevail no matter their innocence, and others because the penalty is small enough that it isn't worth the effort. But the ticket metaphor is not really correct, in my view. A better, though move complicated legal metaphor is to the gang injunctions ordered in some American cities. These injunctions basically prohibit otherwise legal-activities, such as wearing certain clothes or congregating with other gang members, be named individuals. Violators are charged with violating a court order and given sentences of up to six months. The difference is that discretionary sanctions apply to a topic rather than to editors, meaning that otherwise blameless editors can be caught up in an enforcement. Like gang injunctions, discretionary sanctions are a powerful tool which may be needed in some circumstances. But if new injunctions keep getting issued for various topics, and never revoked, then an ever-increasing number of topics become danger zones where previously uninvolved editors face potential sanctions due to the bad behavior of editors years ago.   Will Beback  talk  08:43, 24 March 2011 (UTC)
Absolutely support. ArbCom could be accused of taking the easy way out of complex cases by throwing discretionary sanctions on it; in rugby it is approximately equivalent to kicking to touch. Stifle (talk) 08:57, 22 March 2011 (UTC)
I am not sure about practicality of this. ArbCom identifies an area of conflict and battleground and declares a state of emergency in that area, which allows speedy imposition of discretionary sanctions to put out fires. ArbCom can sanction problem editors but it cannot know who will decide to aggressively edit these articles tomorrow. These areas are controversial by their nature rather by conduct of a few rogue editors. - BorisG (talk) 15:02, 22 March 2011 (UTC)
That may be the true in some major real-world conflicts, like the Middle East and Northern Ireland. But in many cases the conflict exists mostly on Misplaced Pages, and is due to individual editors. I've seen many seemingly intractable, longterm disputes evaporate when one or two editors left or were banned. Discretionary sanctions should be regarded more as a last step for cases that keep coming back rather than as a preliminary deterrent.   Will Beback  talk  08:43, 24 March 2011 (UTC)
This is a good point. It means that ArbCom should restrict Dicretionary Sanctions to areas likely to remain persistently problematic for foreseable future. Apart from numerous ethnic and religious and political conflict areas, this includes apolitical things like pseudoscience or Shakespear ownership. These are all real-world controversies, and there many more of those. But where the controversy is local, Dicretionary Sanctions are probably not the best tool. - BorisG (talk) 14:24, 24 March 2011 (UTC)
We have a negative trend with more and more sanctions every year. How about the following guidelines: (1) introduce discretionary sanction only if there is a second major arbitration case during one or two years in the particular area; (2) automatically lift the existing discretionary sanctions in any area if there were no arbitration cases and few AE cases in this area during last two years? Hodja Nasreddin (talk) 15:26, 24 March 2011 (UTC)
The question, of course, is how you define "few". T. Canens (talk) 21:13, 24 March 2011 (UTC)
Here is another simple question: if I see some people who occasionally edit war in an area of discretionary sanctions, should I report them to AE? I think the answer is "no" per WP:IAR if these people also create good content (in fact they only harm each other in their conflict). But may be this is wrong? The regime of discretionary sanctions means that Arbcom wants to eliminate all editors who can not edit peacefully in the area. So, let's do it? Hodja Nasreddin (talk) 03:49, 30 March 2011 (UTC)

Proposals by User:2over0

Proposed remedies

Note: All remedies that refer to a period of time, for example to a ban of X months or a revert parole of Y months, are to run concurrently unless otherwise stated.

Direct and indirect arbitration enforcement

1) The prior motion Restriction on arbitration enforcement activity is amended to include only blocks placed in direct enforcement of an ArbCom decision. Administrators are advised to familiarize themselves with the particular discretionary sanctions invoked before undertaking to reverse or overturn (explicitly or in substance) any action taken by another administrator pursuant to those terms, and explicitly noted as being taken to enforce said remedy.

Comment by Arbitrators:
I don't think modifying the AEBLock motion is on the table, so to speak, there are very good reasons to keep it the way it is. SirFozzie (talk) 11:30, 23 March 2011 (UTC)
Comment by parties:
This amounts to abolishing discretionary sanctions, because such sanctions would then in practice be no different from normal blocks for disruption, etc., which any admin can impose at any time, independently of any ArbCom decision for repeated or severe policy violations, but which are also easily undone. The point of "discretionary" sanctions is to delegate discretion, that is, a certain amount of independent authority for binding dispute resolution that is subject to no (or limited) review by other individual admins.  Sandstein  19:06, 19 March 2011 (UTC)
Comment by others:
  • Proposed. This leaves direct enforcement where an editor has violated an explicit sanction imposed after an ArbCom hearing as a special type of block that must not be undone, but moves blocks imposed under the several discretionary sanctions closer to ordinary administrator actions. The principle is that sanctions directly imposed have been examined in depth by several parties and in some instances are delicately balanced with other sanctions in non-obvious ways, whereas discretionary sanctions attract less attention from both involved and uninvolved parties. {{uw-aeblock}} would then be applied only in cases where there is a remedy, preferably cited explicitly in the blocking notice, of the form User:Example is topic banned from $_TOPIC or similar. The new ds template would notify any administrator considering unblocking that there may be issues in play that are not readily apparent and advise them to familiarize themselves with the situation, but would reduce the current first-mover advantage to the level of any other block. Of course, nothing in the wording here should imply that we are absolved from applying due diligence to understanding the circumstances before unblocking in non DS cases. I have created User:2over0/uw-dsblock, that could be used in such situations. See User:2over0/Sandbox for a few examples of how the template could appear. Edits are welcome if this is a direction we as a community would like to pursue. - 2/0 (cont.) 05:55, 19 March 2011 (UTC)
  • I like it. Discretionary sanctions should be discretionary, and discretion should go both ways. I'd like to the justification to be made a required parameter, not an optional one. --Stephan Schulz (talk) 07:09, 19 March 2011 (UTC)
  • I have deep reservations about this. To give an example, I used discretionary sanctions this evening to ban someone from a particular article. If they go and edit that article tomorrow, I will block them for it, but what I don't need is for someone to come along and say "oh, the edit was harmless" or "the ban was overkill" and unblock, because that completely undermines the ban. I believe most admins have more sense than that, but that's not to say they can't be taken in by a disingenuous unblock request. HJ Mitchell | Penny for your thoughts? 01:20, 20 March 2011 (UTC)
  • Per HJ Mitchell. Since direct arbcom sanction violations is the very small minority of cases processed at AE, this would make the restriction virtually meaningless, especially given the committee's great (some might say excessive) reliance on discretionary sanctions instead of directly handing out its own. T. Canens (talk) 05:42, 21 March 2011 (UTC)
  • Unnecessary. We have here one admin rashly overturning an AE action, and one AE admin who (arguably) made an inappropriate action in the first place. We can debate whether we should refine the AE appeals process as a result, but I see no reason to fundamentally change the scope under which AE actions operate at this time. Martinp (talk) 06:07, 21 March 2011 (UTC)

Proposals by User:Count Iblis

Proposed principles

Anonymous admin review

1) AE decisions should be taken by a panel of 3 anonymous Admins

It is very clear to me that the nature of the AE system leads to polarization that causes permanent damage to relations between editors. Obviously, you'll always have trouble between the "usual suspects" and Admins imposing sanctions on them, but what I've seen in the aftermath of e.g. the CC case, goes well beyond this. Then because one cannot change many of the fundamental reasons that provokes such problems (Arbitration decisions have to be final, otherwise there is little point in Arbitration, so AE decisions have to be imposed even if they are to some extent controversial, and some Admin has to do that), one should consider using a system in whch the final AE decisions are taken by a few anonymous admins.

My proposal would work just like anonymous peer review works in academia. An admin who notes a possible violation of an Arbitration ruling, writes up his arguments why he/she thinks there is a case to answer and submits this to an ArbCom clerk. The clerk then emails a few Admins and asks them to be anonymous Referees who will look into the case and write reports. What is then sanctionable are the points on where the different reports agree that violations of Arbcom rulings have occured. The sanctions themselves are then the lowest of what the different reports suggest is appropriate.

Comment by Arbitrators:
Comment by parties:
IMO, anonymity may be counter-productive here - it will simply exacerbate the problem. If an admin imposes a sanction for sketchy, unjustified reasons, review by an anonymous board will simply increase the level of paranoia. what we need is more clarity, more visibility, and more accountability, not less on all three counts.
That being said, if you like the 'random review' idea, I suggest we adopt the old 'Roman censor' concept: pick 5 people from the broad population of active wikipedia editors and give them six-month stints as 'trump' admins - basically admins with an entrenched right to IAR anything they damned well feel like, only accountable to the committee. They would basically act as buttinskies, getting in the way of anything that struck them as morally suspect. worked for the Romans. --Ludwigs2 16:36, 22 March 2011 (UTC)
Comment by others:
Thoughtful idea, CI, but I'm not convinced, primarily for the reasons given by Ludwig. More broadly, I don't think anyone has demonstrated that there is a real underlying problem with AE. In the vast majority of cases, it works as it should, thanks largely to volunteer AE-active admins (like Sandstein and also some other commenters on this page). So I don't see the reason to make any fundamental changes to how AE sanctions are enacted. However, as this case as well as Trusilver have shown, there are isolated instances where there is localized but strong nonpartisan disagreement with an AE action leading to out-of-process reversals by admins. Those admins know that they are taking a controversial approach but their at least momentary sense of moral outrage makes them do it anyway. That's why we may need to tweak the AE appeals process: to deflect these periodic blowups. (By the way, I think the clear "reverse at your peril" policy that has been established has effectively killed off reversals by involved/partisan admins since they will not risk their bit on a trifle; but whether we desysop or admonish or hang and quarter the nonpartisan moral reverser pour encourager les autres will have minimal impact on the next one of the same ilk, who at the critical moment is quite happy to put their bit on the line, since it becomes a watershed moment as to whether they want to continue as admins.) But the core of the AE process seems to keep moths away from the flames with a manageable degree of false positives and false negatives. Martinp (talk) 06:47, 23 March 2011 (UTC)
As a general rule, punishing those who take moral actions is a wrong approach. instead, we need to tighten the rules so that no bad sanctions occur to prompt such moral outrage. You don't solve a police brutality problem by beating on the people who oppose the brutality, true? --Ludwigs2 08:09, 23 March 2011 (UTC)
Agree mainly with Ludwig. Moreover this is a policy issue which should be decided by the community not the ArbCom. Not relevant here. JoshuaZ (talk) 03:14, 30 March 2011 (UTC)

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Proposals by User:Skinwalker

Proposed findings of fact

Dreadstar

1) Dreadstar is an involved editor in pseudoscience and other fringe topics, and should not have taken administrative action regarding a dispute on the article pseudoscience.

Comment by Arbitrators:
Consider this worth mentioning, however WP:ARBPSEUDO says 'an administrator will be considered uninvolved if he or she is not engaged in a current, direct, personal conflict on the topic with the user receiving sanctions' and Dreadstar didn't break the letter of this ruling. PhilKnight (talk) 19:14, 27 March 2011 (UTC)
This standard applies only "for the purpose of imposing sanctions under this provision", not for overturning sanctions. It would not make much sense to forbid admins from unblocking a user they are in conflict with.  Sandstein  21:19, 27 March 2011 (UTC)
I agree. I think in regard to the unblock, the wording at WP:UNINVOLVED is more relevant than the WP:ARBPSEUDO wording. PhilKnight (talk) 21:31, 27 March 2011 (UTC)
Comment by parties:
Comment by others:
Proposed per my evidence. Skinwalker (talk) 22:55, 22 March 2011 (UTC)
Supported whole-heartedly. I believe the same could be said for User:SlimVirgin, who was part of the supposed consensus to overturn the block. DreamGuy (talk) 18:09, 23 March 2011 (UTC)
I haven't seen SV misuse admin tools in this dispute. Skinwalker (talk) 22:36, 23 March 2011 (UTC)
The sentence says nothing about tools. SV is involved when it comes to pseudoscience disputes (and indeed has said the sanctions are stupid and that should be ignored) and should not have taken administrative action in this case, which she did by actively encouraging the unblock of Ludwigs2. DreamGuy (talk) 23:38, 26 March 2011 (UTC)
While I disagree with SlimVirgin's statements about this case, I can't agree that merely speaking in favor of an unblock is an administrative action. Can we keep this section focused on Dreadstar? Skinwalker (talk) 19:49, 27 March 2011 (UTC)
I want to make it very clear here—though I shouldn't have to—that I'm not by any stretch of the imagination a pro-fringe editor. What Dreamguy might be referring to (though he doesn't say, so I'm forced to guess) is that I don't like to see bad editing, period, and some extreme anti-fringe editors have engaged in that, as indeed have others. But opposing poor editing from the anti-fringe doesn't make me pro-fringe. The world is full of shades of grey, and they're worth exploring. :) SlimVirgin 00:40, 28 March 2011 (UTC)
You have a history of encouraging equal sides-style treatment of fringe topics and were opposed to the AE sanctions on pseudoscience-related topics as a result of WP:FRINGE when you were alerted to them after making claims that contradicted that ruling. This doesn't make you pro-fringe as much as anti-scientific consensus. But I would say you are clearly involved and not neutral on this topic, and it was partly the basis of your asking for the unblock in this case that Dreadstar acted like there was a consensus to overrule AE. I don't think this will be pursued, but I think you should remove yourself from making any decision directly related to WP:FRINGE enforcement. DreamGuy (talk) 01:19, 30 March 2011 (UTC)
@PhilKnight - I reviewed the WP:ARBPSEUDO proposed decision and noticed that the definition of involvement was considerably narrower than the policy definition at WP:UNINVOLVED. I know you weren't on the committee at the time, but can you suggest why this was so? Does the definition given in WP:ARBPSEUDO overrule the consensus policy at WP:UNINVOLVED? Skinwalker (talk) 19:49, 27 March 2011 (UTC)
In regard to the first question, I'm not sure - it could have been to encourage admins to be involved with arbitration enforcement. In regard to the second question, no I don't think so - WP:ADMIN is a policy admins are expected to be aware of, and follow. PhilKnight (talk) 19:55, 27 March 2011 (UTC)

History of misuse

2) Dreadstar has demonstrated a history of misusing administrative tools on fringe topics.

Comment by Arbitrators:
Comment by parties:
Comment by others:
Proposed per my evidence. Skinwalker (talk) 22:55, 22 March 2011 (UTC)
Also support. There's no current evidence to suggest that this applies to the other admins who were involved on either side. DreamGuy (talk) 18:23, 23 March 2011 (UTC)
If indeed DS has a history of tool misuse, especially in the same area, and this out of process AE overturn is just the capstone, the appropriate remedy would be fairly severe and not just an admonishent as some of us are recommending. However, the evidence so far provided is a bit difficult to judge since a) the tone is fairly polemical, and b) some of the refs provided for misuse of tools appear to not consist of tool use at all, or appear quite unremarkable (e.g. deleting a user subpage at the request of the user). That does not mean there isn't tool misuse or an underlying pattern of concern, just that it will presumably need Arbcom's (or at least others') sifting and searching skills to judge whether it is indeed so. That is not a criticism of the evidence provided (indeed, great that it has been provided), just that it will lake extra analysis or impartial opinions to be compelling, at least in my opinion. Martinp (talk) 03:53, 25 March 2011 (UTC)
I don't deny that my evidence has a polemic aspect - I am attempting to convince readers of the correctness of my thesis. I've tried to give a detailed account of Dreadstar's editing history and motivations for unblocking. Some problems I've raised will be more serious than others, but it is the preponderance of all these issues that make a case for sanctioning him. In my mind, the most serious incidents of tool misuse are:
  • The creation, deletion, and use of revdelete on a insulting article about ScienceApologist in mainspace.
  • His unwarranted blocking and use of deletion during the Transcendental Meditation dispute.
  • The situation which triggered this arbitration.
In any case I welcome further review and analysis of my evidence. Skinwalker (talk) 17:52, 25 March 2011 (UTC)
All I can do (as I did in my evidence) is thank you for helping me make my case. You've basically asserted that anyone who isn't anti-fringe is by definition pro-fringe, and that any reasoned requests for discussion on or about fringe topics is a demonstration of advocacy. I don't see anything in your evidence (about dreadstar or myself) that goes beyond reasoned requests for open discussion, and yet here you are condemning it. you've been a great help. --Ludwigs2 23:17, 26 March 2011 (UTC)
Motive can't be assigned to someone else based on an opinion, and motive most certainly can't be be based on a false premise, ie, so and so works on a so called fringe article so, so and so must be a supporter of that topic unless of course they convince us that they are not proponents. Then, so lets call those people fringe editors. And in the next step of wrong thinking, fringe editors must be those who actually support fringe topics . Articles on Misplaced Pages aren't black and white, fringe or non fringe. They're just articles. Its absurd to try and guess what an editor feels about any topic area because they edit there or add reliable sources there or even undertake admin actions there. All of this skews "neutrality" and moves it from the moderate and center point to an anti fringe point. The reliance on the words and categories fringe/fringe editors is an intellectual laziness, as pigeonholing always is. We all do it of course. Attempting to base layers of argument on 'fringe' is dangerous enough using what has become Misplaced Pages's definition, but basing that on a personal interpretation of action, invoking the tendency of editors to abandon careful thought when the word fringe raises its ugly head, and assigning motive is "fairness" suicide, and not what should happen on an encyclopedia where the sum of all knowledge could include anything from the most mundane to the most profound.(olive (talk) 23:15, 27 March 2011 (UTC))

Proposals by User:SirFozzie

Proposed findings

Restriction on undoing ArbCom Enforcement actions

1) In March 2010, the Arbitration Committee modified the restriction on arbitration enforcement as follows Administrators are prohibited from reversing or overturning (explicitly or in substance) any action taken by another administrator pursuant to the terms of an active arbitration remedy, and explicitly noted as being taken to enforce said remedy, except: (a) with the written authorization of the Committee, or (b) following a clear, substantial, and active consensus of uninvolved editors at a community discussion noticeboard (such as WP:AN or WP:ANI). If consensus in such discussions is hard to judge or unclear, the parties should submit a request for clarification on the proper page. Any administrator that overturns an enforcement action outside of these circumstances shall be subject to appropriate sanctions, up to and including desysopping, at the discretion of the Committee. Administrators who consistently make questionable enforcement administrative actions, or whose actions are consistently overturned by community or Arbitration Committee discussions may be asked to cease performing such activities or be formally restricted from taking such activities.

Comment by Arbitrators:
Background
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Sandstein's block valid but caused confusion

2) While there was good-faith confusion on whether Sandstein's block was validly taken under the auspices of ArbCom Enforcement, due to various actions, it was a valid action and should not have been undone without authorization or clear, substantial and active consensus.

Comment by Arbitrators:
  • I'm not going into whether I agree with the block or not. That's not important here. The important part is that, yes, in my opinion, in weighing the balance here, that it DID fall under the auspices of ArbCom Enforcement, and Dreadstar should NOT have undone it without consensus and/or the ArbCom's ok. SirFozzie (talk) 12:01, 23 March 2011 (UTC)
  • This finding is unsupported by any evidence present in this case. Well, except for the confusing part. Jclemens (talk) 17:49, 23 March 2011 (UTC)
  • OK, but would prefer 'Dreadstar undid a block that had been explicitly noted as being taken to enforce an ArbCom remedy, without a clear, substantial, and active consensus.' PhilKnight (talk) 18:03, 23 March 2011 (UTC)
Comment by parties:
Agreed.  Sandstein  17:42, 29 March 2011 (UTC)
Disagree that the block was valid, even in the technical sense. As far as undoing it goes, wp:IAR is explicit that no rule should be allowed to get in the way of the development of the encyclopedia - this is a core principle of the encyclopedia. Since this block explicitly supported a policy violation, and thus was directly harmful to the encyclopedia, it was fair game for reversal regardless of any rules to the contrary. We should not engage in bureaucratic pedantry ever, much less is a way the allows erroneous information to be retained in articles. --Ludwigs2 19:22, 29 March 2011 (UTC)
Comment by others:
  • While it may have been technically valid, it was a severe overreaction to some blustery language and was a lapse in judgment. Unfortunately, this is typical of admin enforcement in general at Misplaced Pages and largely symptomatic of a greater approach to policing Misplaced Pages that idolizes "Da Rules" at the expense of common sense. That's the real thing that needs to be dealt with here, though I'm unconvinced that's something the committee can do. Heimstern Läufer (talk) 05:18, 25 March 2011 (UTC)
  • The block was completely valid, and necessary to anyone who cares about enforcing the WP:FRINGE and WP:PSEUDOSCIENCE sanctions instead of hoping there is back door repeal by taking the teeth out of them. I don't get what was supposed to be confusing about it at all. DreamGuy (talk) 23:10, 26 March 2011 (UTC)

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Dreadstar severely admonished

1) Dreadstar is severely admonished for undoing an Arbitration Committee remedy enforcement action without consensus or the Committee's assent, and is reminded that should problems reoccur, his administrative tools will be removed.

Comment by Arbitrators:
I thought about this one a while. Last time we had a similar issue, a lot of the votes taken to remove administrative tools focused on the admin in question's defiance (and repeated claims that they would do it again under the same circumstances). I think that was an aggravating factor. Here, we have someone cognizant of the drama (his statement's first sentence included the following this is the very first time that I’ve overturned a block even purported to be AE-related, and certainly my last one without bringing it to ArbCom first to avoid even the appearance of disregarding their rulings. That was enough to sway me to the side of not removing the tools. SirFozzie (talk) 12:01, 23 March 2011 (UTC)
I can't support this, given how clear it is that Sandstein's block was not a proper AE remedy, unless we're giving Sandstein at least one higher level of reprimand. Jclemens (talk) 16:00, 23 March 2011 (UTC)
I disagree with you, Jclemens. It was a proper remedy. SirFozzie (talk) 17:09, 23 March 2011 (UTC)
A remedy for what? On which covered article was disruption actually accomplished or objectively threatened? A remedy solves something--what, precisely, was solved? Furthermore, where was the notification that an AE block was contemplated, or notification that statements on AN were considered actionable? Jclemens (talk) 17:48, 23 March 2011 (UTC)
The only warning required is a notification of the existence of the Arbitration Enforcement sanctions. PhilKnight (talk) 19:35, 23 March 2011 (UTC)
Notified once at some distant time in the past, blocked immediately at the drop of a hat? Regardless if that's the way things are written, that defies common sense and principles of justice. From the correspondence in this case, it is not clear to me that anyone other than Sandstein considered an AE block "in play" before the block was deemed as such. Sanctions need to be transparent enough that any editor with a clue can see them coming, and that wasn't the case here, as far as I can see. Jclemens (talk) 22:14, 24 March 2011 (UTC)
It bears emphasis that Dreadstar stated in his evidence at the beginning of the case that he now understands the policy and won't do this again. To that extent, opening the case has served its purpose; some form of admonition can be included in the final decision if desired, but focusing on "levels of reprimand" is not the best use we can make of the discussion and decision here. (For what it's worth, though, I would prefer to drop "severely".) Newyorkbrad (talk) 00:31, 28 March 2011 (UTC)
Comment by parties:
Could you tell us whether this proposal takes into consideration Dreadstar's messages immediately prior to my request for arbitration, which do indicate defiance and imply that they would do it again (, , ), as well as Skinwalker's recent evidence?  Sandstein  12:56, 23 March 2011 (UTC)
Comment by others:
Can you explain how you came to the conclusion that it is clear "that Sandstein's block was not a proper AE remedy", Jclemens? T. Canens (talk) 16:53, 23 March 2011 (UTC)
So, if I'm getting you right, "I'm going to sock and evade my topic ban" isn't sanctionable because it didn't specify where the socking will occur? AE has historically applied discretionary sanctions in project space (see the section of Sandstein's evidence), and has historically considered a single warning in the past sufficient for imposition of sanctions without a need for a fresh warning every time sanctions are contemplated, and arbcom never seemed to have a problem with it. If arbcom wants to change it, fine (though I'm not quite convinced that it would be a wise move). But to make it sanctionable misconduct to follow longstanding practice about which arbcom is presumably well aware and never said anything to the contrary? Honestly? T. Canens (talk) 18:08, 23 March 2011 (UTC)
I agree that in this particular case Sandstein's block was appropriate as an AE remedy. Mathsci (talk) 17:19, 23 March 2011 (UTC)
I agree that the block was justified, and I am seriously confused how anyone could argue differently? How was this anything but a clear and obvious threat to be disruptive on the article in question? Even if he were intending to "shout down" QuackGuru and so forth on pages other than Pseudoscience as a result of the conflict on the Pseudoscience article, how can that be anything but directly related to the Pseudoscience conflict? DreamGuy (talk) 22:59, 23 March 2011 (UTC)
I was myself inclined to undo this block when I first saw it; however, at that time, I was unaware it was an AE block, and would have surely thought twice as soon as I found that out. I think this was a seriously rubbish block and a lapse in judgment, but Dreadstar's decision to undo it without consensus was also a clear lapse in judgment. And whether I like this block or not, it is important that AE decisions are not lightly reversed. So as far as I can see, this admonishment really is necessary (I'm still unpersuaded of the need for the adverb "severely"). Heimstern Läufer (talk) 05:23, 25 March 2011 (UTC)
While opening this case has served a purpose, sadly had Sandstein talked to Dreadstar, all of this might have been unnecessary. Dreadstar seems to have a history of being responsible, helpful and easy to get along with if one looks at the editor support he has on his user page/barn stars. There was no need to take the most difficult road that involved the most number of people to explain to Dreadstar his possible mistake. And yes, others viewed the unblock as a mistake , but many felt it was appropriate too (possibly a consensus number). The blocking admin was the one who should have opened the dialogue to explain. Of course hind sight is usually 20/20.(olive (talk) 16:49, 28 March 2011 (UTC))
I agree that better communication could have prevented this case, but I think you're a bit off-base in your assignment of blame. Unless policy and practice have changed seismically since I last looked, it was Dreadstar's responsibility to discuss the block with Sandstein before overturning it. I don't see that he made any such effort. As you mention, Sandstein could have discussed the issue with Dreadstar prior to coming here, and in an ideal world he would have done so. But I think it's pretty unfair to point the finger at Sandstein in isolation. MastCell  17:18, 28 March 2011 (UTC)
I'm surprised you see my statement as "pointing the finger in isolation" when I clearly suggested, as had Dreadstar, that he had made a mistake. In the sequence of things, Dreadstar unblocked obviously questioning the humanity of the block as well as whether the block fell under an arbitration umbrella, then waited. Sandstein had the next move. Rather than take the simplest route, talk to Dreadstar, he came immediately to arbitration. When discussing this situation noting the sequence of events is critical. The next move was not to go to the highest level of Misplaced Pages DR, but to attempt all means of dealing with the issue, then, and if, those means didn't work to go to arbitration. As I said hindsight is 20/20 and every move in this case while probably carried out with the best of intentions contributed to the next move. While any one move might have changed the outcome, the admin who chose to bring this to arbitration rather than dialogue was one editor. That this case is here is the because of the actions of one editor. There was a fork in the road and a choice was made. My point, per NYB's comment, has to do with suggesting there was another way than arbitration and was not an assignment of blame for this whole issue which was why I ended with the "hindsight" remark.(olive (talk) 18:03, 28 March 2011 (UTC))
In fact, if you're truly looking for unfair you might want to look carefully at some of the evidence presented in this case, Now that's unfair.(olive (talk) 18:08, 28 March 2011 (UTC))
I think this case is a mess. I have a great deal of interest in the use of discretionary sanctions, but given the prevailing tone here, I have zero interest in being part of this case. It seems to me that a lot of interpersonal drama is playing out, without much hope of looking at the underlying structural questions. I think much of the evidence presented in this case, on all sides, seems a bit overwrought and unfair to its intended targets, but then most ArbCom cases shake out that way. MastCell  21:31, 28 March 2011 (UTC)
I have never seen a pleasant arbitration and this is better than many. The whole premise of arbitrations, guilty unless you can prove otherwise, an assumption of bad faith, leads editors to have to defend themselves and that often means showing how those attacking you are in the wrong. Perhaps you have some good suggestion which will help reduce arbitrations and help put an end to, 'guilty as a given, innocent only if you can defend yourself'... which many editors can't or don't have the skills to do. I'm sure your input would be very appreciated.(olive (talk) 22:33, 28 March 2011 (UTC))
MastCell, I wish you would at least render some comments on the underlying problem as you see it. You manage to hold a skeptical viewpoint without resorting to the kind of trollishness I've come to expect from Misplaced Pages skeptics, and I respect that. Frankly, the reason wikipedia sucks in areas like this is because reasonable people avoid the conflict and allow the discussion to fall into the hands of agenda-driven POV-warriors. I'd really like to see reasonable people take these discussions back and push the POV-warriors to the fringe where they belong. --Ludwigs2 19:15, 29 March 2011 (UTC)
  • the kind of trollishness I've come to expect from Misplaced Pages skeptics
  • agenda-driven POV-warriors
Comments like these do not encourage civil discussion. Please avoid making broad-brush attacks. they tend to reflect poorly on the person making them.   Will Beback  talk  20:44, 29 March 2011 (UTC)

ArbCom Enforcement/Discretionary Sanctions role amongst Dispute Resolution

2) Arbitration Remedy Enforcement/Discretionary sanctions are not to replace the normal dispute resolution methods of dealing with problematic behavior, but to enhance them.

Comment by Arbitrators:
The original title for this section, when I was thinking it up was AE is not a hammer, and not every editor sanctioned under them is a nail. By that, I mean, that sometimes AE/Discretionary sanctions look to be the tool that administrators immediately pull out of the bag of administrative tools with some editors and some topic areas, and it causes concern that we're becoming overly reliant on them, as a first and last stop. GENERALLY, I think AE actions are needed/useful, but there are some areas where we can look to improve. SirFozzie (talk) 12:01, 23 March 2011 (UTC)
This needs to be substantially stronger. I will propose alternative findings and language. Jclemens (talk) 16:01, 23 March 2011 (UTC)
Comment by parties:
I think I understand what you mean by that, even though I am not sure that I agree, but we would need a bit more guidance about how to implement it:
  • Isn't the whole point of discretionary sanctions that the Committee wants to particularly ensure compliance with conduct standards in certain very difficult topic areas, which does require that AE sanctions are readily (instead of reluctantly) applied to ensure such compliance?
  • Discretionary sanctions imply that the Committee has already determined that misconduct in a particular topic area is particularly unwanted, and require that a warning about problematic conduct has already been given. Given that, under which circumstances would you recommend that misconduct is reacted to by other means than an AE sanction, and what means might that be (such as yet another warning?)  Sandstein  12:50, 23 March 2011 (UTC)
Comment by others:
Some more specificity would be nice...the currently wording is so vague that it is unclear what it is supposed to do. The accompanying comment does clarify things, but some clearer guidance on what is and is not a nail would be needed if this is to be consistently applied. T. Canens (talk) 16:51, 23 March 2011 (UTC)
If this is meant to say simply "admins should seriously consider possible alternative measures before imposing a discretionary sanction under AE authority", that's totally fine with me. If it is meant to be something more specific, then it needs more clarity. T. Canens (talk) 18:15, 23 March 2011 (UTC)
Agree with the substance of what T. Canens is saying, but also want to add: If all it's really saying is that, is it really a useful remedy? It's quite general and unlikely to actually change any practices at AE. Heimstern Läufer (talk) 23:39, 23 March 2011 (UTC)
To me, this looks like Stuff That Has To Be Explicitly Said Aloud. People get weird ideas about AE if you don't. --Enric Naval (talk) 08:25, 26 March 2011 (UTC)
I think it's important that there should be some really clear guidelines on whether or not AE sanctions would be appropriate under various circumstances, with examples of where it would be 'overly heavy-handed' to apply them, or 'overly lenient' to fail to apply them. I also think that there should be some definite clarification of how recent any kind of warning must be before an AE sanction can just be slapped on - it doesn't seem right that any warning, at any time, could be followed up many years later by an immediate sanction. I think personally that if a warning is more than (say) six months old, a further warning should have to be given, and no sanction imposed unless further actions in defiance of the latest warning have since taken place. Yes, fair enough, one can't make an encyclopedia without some kind of disciplianry procedures in place (nor make an omelette without breaking eggs), but it needs to be remembered that if one breaks the eggs with a sledgehammer the omelette may still be inedible. Pesky (talk) 09:23, 26 March 2011 (UTC)
  • AE/discretionary sanctions enhance dispute resolution about as much as beating the parties with sticks does. They have their uses, but they're measures for when dispute resolution has failed—a dispute would have to go through resolution before going to ArbCom, who can't solve it and so use discretionary sanctions to stop things from boiling over. HJ Mitchell | Penny for your thoughts? 20:04, 26 March 2011 (UTC)

Proposed enforcement

Template

1) {text of proposed enforcement}

Comment by Arbitrators:
Comment by parties:
Comment by others:

Template

2) {text of proposed enforcement}

Comment by Arbitrators:
Comment by parties:
Comment by others:

Proposals by User:DreamGuy

Proposed principles

Administrators should not act when they are personally involved

1) In general, editors should not act as administrators in cases in which they have been involved. This is because involved administrators may have, or may be seen to have, a conflict of interest in disputes they have been a party to or have strong feelings about.

Comment by Arbitrators:
Worth stating. PhilKnight (talk) 19:26, 27 March 2011 (UTC)
True general principle, although "conflict of interest" is used in two senses on Misplaced Pages and this can be confusing. (For example, the "conflict of interest" I might have in blocking an editor because he and I have argued strongly about some ANI threads is a very different sort of thing from the "conflict of interest" I might have in editing an article on one of my law clients.) Newyorkbrad (talk) 00:32, 28 March 2011 (UTC)
Comment by parties:
Comment by others:
Support as proposer. Uncontroversial, I hope, as it's taken direct from WP:INVOLVED. DreamGuy (talk) 23:05, 26 March 2011 (UTC)
I think the two sentences in NYB's comment should be read as two senses or two meanings. - BorisG (talk) 14:41, 28 March 2011 (UTC)
Correct, fixed. I'm glad someone is taking notes. :) Newyorkbrad (talk) 00:40, 29 March 2011 (UTC)
:) Incidentally, I also thought that the words conflict of interest above may be misinterpreted, and should be avoided. The main meaning of conflict of interest is the one with RL occupation etc. - BorisG (talk) 01:35, 29 March 2011 (UTC)
If so it's a problem with the original source. I can kind of see your point. Perhaps that ought to be discussed on that page. DreamGuy (talk) 01:23, 30 March 2011 (UTC)

Proposed findings of fact

Dreadstar has been involved in pseudoscience disputes

1) Based upon his editing history, User:Dreadstar was involved in several long-standing disputes concerning pseudoscience. Dreadstar therefore should not have acted in an administrative capacity in any dispute about pseudoscience.

Comment by Arbitrators:
I would like to see some input from Dreadstar on this point. Newyorkbrad (talk) 00:35, 28 March 2011 (UTC)
Comment by parties:
Comment by others:
Support as proposer from evidence supplied by Skinwalker. DreamGuy (talk) 23:05, 26 March 2011 (UTC)

Dreadstar has directly supported Ludwigs2 in the past

2) User:Dreadstar's editing history shows previous instances of directly supporting User:Ludwigs2. He therefore was not an uninvolved administrator when he unblocked Ludwigs2.

Comment by Arbitrators:
Same as above, some input by Dreadstar would be helpful here. Newyorkbrad (talk) 00:35, 28 March 2011 (UTC)
Comment by parties:
Comment by others:
Support as proposer from evidence supplied by Skinwalker. DreamGuy (talk) 23:05, 26 March 2011 (UTC)

Proposed remedies

Note: All remedies that refer to a period of time, for example to a ban of X months or a revert parole of Y months, are to run concurrently unless otherwise stated.

Dreadstar prohibited from acting as an administrator on pseudoscience topics

1) User:Dreadstar is indefinitely prohibited from using any administrator tools or otherwise acting as an administrator in any capacity on any article or dispute related to pseudoscience, broadly construed. Dreadstar may continue to participate as a regular editor on all articles related to pseudoscience and may perform normal administrator duties elsewhere.

Comment by Arbitrators:
Comment by parties:
If the Committee finds that Skinwalker's evidence (which I have not examined in any detail) does prove a pattern of poor judgment or tool misuse in this topic area, something like this would be an appropriate alternative to desysopping. What I think is necessary, at any rate, is some sort of tangible sanction with respect to Dreadstar, not simply an admonishment – if only for disrupting ArbCom-mandated enforcement of Misplaced Pages conduct policy, then refusing to correct their error and thereby making necessary these immensely time-wasting proceedings.  Sandstein  17:39, 29 March 2011 (UTC)
Comment by others:
Support in addition to my support for de-sysoping. This is intended to cover what would happen should he either retain or regain administrator rights. DreamGuy (talk) 23:05, 26 March 2011 (UTC)
I suggest that Arbcom takes this proposal as evidence for the battleship mentality in the pseudoscience area. Hans Adler 18:46, 29 March 2011 (UTC)
I second this suggestion, and request that it be expanded to all of DreamGuy and SkinWalker's "evidence" and "proposals". These two editors obviously came here armed to the teeth with clear strategic objectives, despite the fact that neither of them was even remotely involved in the original problem. I don't believe I could have imagined anything that better fits an entrenched partisan, battleground mentality. --Ludwigs2 19:05, 29 March 2011 (UTC)
I would counter that the actions you two (and others) have taken here clearly show the great need for the enforcement of AE sanctions in fringe and pseudoscience articles. As I am involved (though certainly not to the incredible extent you and others have been) in disputes in this topic, if I were an admin I would certainly not take admin actions in this area. This is common sense -- and also policy. Since Dreadstar seems to be ignoring or forgetting these rules, they may have to be enforced on him from the outside. That is not up to me to decide, but I thought I would raise the option to be considered. DreamGuy (talk) 01:36, 30 March 2011 (UTC)
DreamGuy, I would happily have you (or any other editor) provide evidence for the claim that any of my actions "clearly show the great need for the enforcement of AE sanctions in fringe and pseudoscience articles." I may be a grumpy ass, but I am impeccably neutral. I have simply been slandered so many times by people like you that you've all managed to create a great impression that I have some kind of POV. Kudos to you all for being able to lie through your teeth so effectively for so long, but by the same token you all earn the label 'troll' and the condemnation that goes with it. So, go ahead, go through my entire editing history - forget about the places where I bitch people like you out for being stupid, forget about the places where I smack people down for being trolls, because I will certainly admit that my temper is bad at times. Find someplace where my perspective on content is anything other than neutral. When you can't, I expect you to apologize to me (and hans and others) profusely, and to retreat from this conversation with your tail between your legs.
The problem you and the the other skeptic-warriors consistently have with people like me (and I assume hans and others) is that we actually are neutral, and so when you all try to use your standard ad hominem attacks you find yourselves having to go well outside of your comfort zone: you all end up making weird, loopy, irrational ad hominem claims that don't hold up under even cursory examination, and then you stick by those claims with a dogged persistence that ultimately makes you look individually and collectively foolish. That's what's happening to Sandstein here; that's what happened to Ronz over the Weston Price and Stephan Barrett issues; that's what happened to brangifer over the Ghost issue, and to ScienceApologist and QuackGuru at several places. You all make it too easy for me to embarrass you for making irrational claims, and then you all get upset when I do embarrass you for making irrational claims, but for some unknown reason you never learn to make rational claims - you simply try the same weak irrational gambit over and over again, and get progressively more frustrated when it doesn't work. You slander me, you embarrass yourselves, you turn articles into battlegrounds for trivial ideological reasons; this is not the way wikipedia is supposed to work. I will gladly admit my side in this problem - I am smart enough to catch you all with your ideological pants down and pissy enough to berate you for it ungraciously in public - but you know, if y'all didn't try this kind of crap, y'all wouldn't get your fingers burned for it, yah?
So I'm waiting - back up your claim that I have a non-neutral POV so that we can all see it's not pure slander, or start apologizing and slinking away. I'll be happy to see you do either, so that we can get past this bullshit once and for all. --Ludwigs2 04:55, 30 March 2011 (UTC)
Comment Ludwigs2 has just been instructed by the two drafting arbitrators not to mention WP:ARBR&I. That instruction was left prior to his post above (3:13 and 3:52). The arbitrators left him no choice, so either he refactors the above comment or a clerk will do it for him. I do not edit in fringe science, nor am I an anti-fringe editor, whatever that is supposed to mean. Since this is about the fourth or fifth time that Ludwigs2 has behaved in this disruptive way during the case, probably some kind of admonishment or sanction might now be called for. Thanks, Mathsci (talk) 06:54, 30 March 2011 (UTC)
Mathsci, you're being silly. stop it. --Ludwigs2 07:27, 30 March 2011 (UTC)
For <>'s sake, not this again. Next time it's a block. NW (Talk) 13:56, 30 March 2011 (UTC)
Ludwigs2 has written a series of unjustified insults. This is a very ill-advised route to follow. Sandstein has pointed out in his evidence that Ludwigs2's remarks above are more pointed than I first realised. In particular the penultimate paragraph is a series of unparalelled and unjustified personal attacks, which probably warrant a short site ban. Refactoring the above would be a first step in showing that he is editing in good faith. It doesn't look like that at the moment. He is being equally disruptive elsewhere. Mathsci (talk) 07:35, 30 March 2011 (UTC)
We need to look at the substance of what he said however: he's being accused of something, really one of the worst things you can be accused of on Misplaced Pages which is consistent non-neutral editing. That may be true, but I haven't seen evidence of it. If it is not true, there have been significant accusations against him which need to be withdrawn. I agree that he's being disruptive in some sense, purely per CIV, but it seems more like frustration stemming from having been accused without proof. Perhaps he'd be less frustrated if you put together some evidence? BE——Critical__Talk 13:50, 30 March 2011 (UTC)

Dreadstar prohibited from intervening administratively on behalf of Ludwigs2

2) User:Dreadstar is indefinitely prohibited from using his administrator tools to directly support User:Ludwigs2 anywhere on Misplaced Pages. This includes unblocking Ludwigs2, blocking editors Ludwigs2 is in conflict with, or any other administrative activity that would benefit Ludwigs2. Dreadstar is not prohibited from conversations, votes or other activities that a regular editor would be able to participate in.

Comment by Arbitrators:
Comment by parties:
I don't think this is helpful. Either Dreadstar has the judgment required of an administrator with respect to all users, or they have not.  Sandstein  17:40, 29 March 2011 (UTC)
Comment by others:
Possibly unnecessary, but proposing for parallel structure with pseudoscience prohibition. DreamGuy (talk) 23:05, 26 March 2011 (UTC)
I've felt Sandstein works in a difficult area where possibly a kind of hard-edged, reaction ability may be necessary. But blaming this arbitration on another editor as reason to somehow sanction that editor is an astounding statement, beyond any reason. There were choices that could have been made in this situation which only included Arbitration as a last resort rather than a first one, and Sandstein and no one else made those choices. Whether those choices were right or not I can't say but there's no mistake who made them. And I did look carefully through Skinwalker's evidence before I commented on the evidence to be fair to everyone in my comments, and what is clear is that Dreadstar deals with other editors with neutrality and fairness. Its clear he had no special involvement with Ludwigs and despite his statement that he will not act in any situation involving Ludwigs, he seems perfectly capable of doing so in a way that will uphold Misplaced Pages standards. Taking one admin action as a jumping off place to hang someone is not helpful to this community. I'll add: Mechanically closing a case is one thing.Talking to editors in efforts to diffuse a situation so things don't escalate to arbitration before you hit them with a sanction as happened with Ludwigs is not only advisable but necessary in an "assume good faith" community, if, we want to avoid long protracted cases. Anyway my two cents. (olive (talk) 18:21, 29 March 2011 (UTC))
What occurs to me is that an editor who works primarily in an area that requires a somewhat detached outlook may overtime and with overwork begin to bring that mind set to areas where negotiation and discussion might be the more useful tools. Interestingly we have two admins , one who is probably best noteworthy for those negotiating skills, and the other one who works in an area that may require detachment to survive, and both landed in areas where their skills or experience did not serve them. And they crossed paths. While one's mis action falls into a concrete area such as an arbitration, not dealing with the human aspect of a situation is also a mistake and violates the implied norms that make communities work well. One is not a greater fault than the other. The concrete is simply easier to see.(olive (talk) 18:48, 29 March 2011 (UTC))

Proposed enforcement

Dreadstar violations of remedies above may be reverted by other administrators

1) Should Dreadstar act in any way that violates the remedies above, above and beyond any other enforcement, his actions may be reverted by any other administrator in good standing, involved or uninvolved with the dispute, with no further consequence to the overruling administrator as if Dreadstar's violating action had never happened in the first place. Any such action should be documented on Dreadstar's talkpage, the administrator's noticeboard and on the AE enforcement noticeboard for review. If an uninvolved administrator undoes the revert the "no further consequence" clause above is revoked for future actions on this matter.

Comment by Arbitrators:
Comment by parties:
Comment by others:
Support as a way to avoid prolonged red tape to get anything done about it should it ever happen. DreamGuy (talk) 23:05, 26 March 2011 (UTC)

Dreadstar to be progressively blocked for violations

2) Any uninvolved administrator may block Dreadstar for violations of the remedies above provided the intent to block, the length of the block and the reason for the block is posted on Dreadstar's talkpage, the administrator's noticeboard and on the AE enforcement noticeboard before blocking. Blocks for such offenses will start at 48 hours and double in length for each violation made after the preceding block expires.

Comment by Arbitrators:
Not helpful. Newyorkbrad (talk) 00:36, 28 March 2011 (UTC)
Agreed with Brad, and besides if there's another issue like this, I don't think that anyone mistakes what the outcome will be. SirFozzie (talk) 10:37, 29 March 2011 (UTC)
Agree with SirFozzie; we should admonish Dreadstar this time around, and if it happens again, we should desyop. PhilKnight (talk) 17:28, 29 March 2011 (UTC)
Comment by parties:
I agree that this is not helpful. Administrator misconduct is normally reacted to by desysopping, not by blocks (if only because blocks do not prevent admin actions).  Sandstein  17:32, 29 March 2011 (UTC)
Comment by others:
Support as proposer. DreamGuy (talk) 23:05, 26 March 2011 (UTC)
Madness. Not only is it overly bureaucratic, it's purely punitive—both since Dreadstar has apologised and because blocking an admin for unblocking someone else isn't going to prevent anything (a fundamental requirement of the blocking policy)—and it would completely undermine Dreadstar's ability to act as an administrator. As far as I can tell, his record (of logged actions at least) is unblemished until now. HJ Mitchell | Penny for your thoughts? 22:41, 27 March 2011 (UTC)
This is just silly. T. Canens (talk) 10:15, 29 March 2011 (UTC)

Proposal by Becritical

Quack guru banned from Misplaced Pages.

Comment by Arbitrators:
Comment by parties:
Comment by others:
Proposed. I think the Committee should at least consider this. They should ask themselves if they think this user is in need of further remonstrance before this sanction is imposed. Personally, my gut -and the evidence presented- tells me he is not willing to learn. But perhaps there are other similar editors which the Arbitrators know about who were like Quack guru and have by action of the Committee come to reform their editing and attitude? BE——Critical__Talk 03:46, 23 March 2011 (UTC)
For one, a ban instead of a broad topic ban would likely be excessive. Two, if Arbs will consider QG's entire career here, then they need to make that clear so others can present evidence here to this effect. As is, most have focused only on the immediate dispute, and the persuasive evidence is not particular diffs but the number of good editors who have had such disputes. Ocaasi 16:28, 23 March 2011 (UTC)
I'm not saying that this user is incapable of good contributions, just that in my assessment he is not reformable, and much more trouble than he's worth to the project. Just because an editor does some good things doesn't mean he should stay. QuackGuru causes too much trouble and scares good editors away from the articles where he works. BE——Critical__Talk 16:45, 23 March 2011 (UTC)
I'm aware of what you're describing. I'm only saying that in order for a ban to be even remotely in line with the evidence presented, all of those editors who avoid topic areas due to QG would have to present here. They haven't, so your proposal in its current scope is a mismatch. I'm not saying I think it's unwarranted, although in my personal opinion I'd prefer a 3-6 month topic ban on Pseudoscience/Wikipedia related articles. Ocaasi 17:39, 23 March 2011 (UTC)
Looking at his contributions, would there really be any significant difference between 'not allowed to edit' and 'not allowed to edit the only kinds of articles he actually edits'? WhatamIdoing (talk) 22:33, 23 March 2011 (UTC)
There is no way this proposal should ever be entertained without parity. Ludwigs2's actions have been an equal or greater disruption to the article in question as well as others on similar topics, so if one is proposed to be forced out the other should as well. And if we are looking to ban editors outright, there also a list of others who should come up as well. I don't think this is at all the right place for it. DreamGuy (talk) 23:07, 23 March 2011 (UTC)
I uncovered enough evidence to be able to say, in my opinion, this editor needs to be eliminated. And that was simply personal experience, and a brief investigation. Others have presented much more, and probably could present much more still. I leave it up to the good judgment of the Committee and will make no further argument over it. In response to WhatamIdoing, the difference is that I judge that this editor will not reform. Thus, putting it off to a later date is detrimental to Misplaced Pages. BE——Critical__Talk 04:25, 24 March 2011 (UTC)
Would there be any way of having QG's edits having some kind of 'Pending Changes' (type of thing, whatever) applied to them? And that they would have to be reviewed by someone who has never had any personal conflict with QG? If this were possible, I can see that something along similar lines could be very useful, in some circumstances, with any other editor causing similar problems, and I think it could be quite a useful tool (being able to apply a PC-rule not to an article, but to an editor). That way, QG could continue to edit where xe wants, but be effectively on some kind of a leash while doing so. It might be a useful training tool to educate not only QG but others, too, in similar situations, as to what is acceptable and what is not. (Apply to people who, as the saying goes "Mr X doesn't suffer from stress; he's just a carrier." Pesky (talk) 10:04, 26 March 2011 (UTC)
Well, it's a good idea. I'm not sure any editor would want to be burdened that way. Another proposal which would have a similar effect where applied is the Misplaced Pages:Town sheriff idea, which we were working on before this case came along. BE——Critical__Talk 19:47, 26 March 2011 (UTC)
That looks like a very good scheme. How about a 'Wanted!" ad? "Wanted: Editors who combine WikiSkills with immense patience and counselling talent?" (Nooooooooo! Nonononono! Not me - I would be no good at it!) Pesky (talk) 05:15, 27 March 2011 (UTC)
BC: honestly, part of my rationale for starting the whole Town Sheriff thing was because of precisely this kind of abuse. It's an unfortunate truism that whenever people get power without clear and strict checks on their behavior there will - inevitably - be nastiness. It doesn't matter how good-hearted or well-intentioned the people are. In fact, the good-hearted, well-intentioned people are usually the most prone to abuse the power they're given, because good-hearted, well-intentioned people usually have very clear ideas about what is morally correct, and people who have clear ideas about moral correctness will inevitably be drawn to situations where their moral beliefs interfere with their ability to be fair and reasonable. I'm pretty sure that's what happened here - Sandstein managed to convince himself that I was a trouble-maker who needed to be dealt with (for whatever reason), and so he warped the system horribly in order to deal with me. 'Fair or reasonable' weren't even on his radar; this was pure zealotry.
Now, if we could get a version of AE discretionary sanctions that was properly delimited and controlled - limits on what AE admins could do; transparency on admin behavior through required logging and justification of actions; quick relief for editors unjustly sanctioned and well-defined (non-negotiable) penalties for admins who abuse the system even in trivial or unintentional ways - then the need for the Town Sheriff thing would lessen some. Either way, though, the system needs to be brought under control: either we place stringent limits to reign in the power of AE admins, or else we take this kind of power away from admins and give it to people who are strictly controlled and regulated from the get-go. Otherwise we end up with a system (like the one in place now) that cannot help but create little tin-pot dictators throwing their weight around over various topic areas. --Ludwigs2 06:27, 27 March 2011 (UTC)
True, most people don't get that it is the good people acting in accord with their ideological consciences who cause all the suffering and trouble in the world. BE——Critical__Talk 20:39, 27 March 2011 (UTC)

Proposal by PhilKnight

Proposed remedies

Arbitration enforcement procedure

1) Administrators working in arbitration enforcement are advised to avoid unilateral actions which rely on borderline or original interpretations of discretionary sanctions and should instead establish a consensus of uninvolved administrators at the arbitration enforcement noticeboard for the proposed enforcement action.

Comment by Arbitrators:
Proposed, based on a comment from a fellow arbitrator on the mailing list. PhilKnight (talk) 20:58, 29 March 2011 (UTC)
Comment by parties:
An interesting proposal, and in some cases we already proceed like this at WP:AE. It might be worthwhile to explore this, if only to give greater practical acceptance to sanctions. But I have some concerns and remarks:
  • By "unilateral action" do you mean making sanctions or undoing them or both? The wording does not really match either situation:
  • In the first case, "borderline or original interpretations of discretionary sanctions" does not make much sense, since if I make a sanction I am not interpreting that sanction itself – I am interpreting the underlying remedy and policies.
  • In the second case, undoing an enforcement action is not a "proposed enforcement action" (rather, an "un-enforcement" action).
  • Currently only three or four administrators are regularly active at AE, or at times only one or two. Reaching consensus under such circumstances, even though mostly we agree with one another, is likely to delay the implementation of most actions for up to a few days. This may be problematic in some rapidly escalating edit-wars, etc. Also, does a sanction proposal that remains unopposed for a day or so (a frequent case) constitute consensus for the purpose of this remedy?
  • Am I correct in reading the proposal to require such consensus only in cases where "borderline or original interpretations" (of whatever, see above) are contemplated? (Otherwise, the words "unilateral" and "instead" would be superfluous.) If that is so, much wikilawyering about whether somebody relied on a "borderline or original interpretation" is to be expected.
  • And under these circumstances, appeals to WP:AE become much less meaningful, because AE is is mostly watched by involved editors and the few admins that process requests. So the outcome of any appeal is not likely to diverge from the consensus to implement the sanction, barring new developments.
  • This remedy implies rewriting and retitling all current discretionary sanctions remedies, since sanctions that rely on any sort of consensus are, by definition, no longer discretionary (using the common meaning of "discretion" as "the freedom to make one's own judgements").
For these reasons, even though the proposal is interesting, it may be less cumbersome just to leave the current appeals system in place as a guard against cavalier enforcement actions.  Sandstein  21:41, 29 March 2011 (UTC)
Comment by others:
This is at least worth trying out. To avoid pointless wikilawyering about what is or is not "borderline or original", though, the fact that a unilaterally imposed sanction is based on "borderline or original interpretations", standing alone, should not be a ground for overturning the sanction - the sanction should stand or fall on its own merits. T. Canens (talk) 21:51, 29 March 2011 (UTC)
This seems odd here, in that there was nothing "borderline or original" in this case from what I have seen. One was a block in response to a completely unambiguous threat to cause disruption on an article topic under AE sanctions that were properly applied, and one was a clear violation of the principles that you don't overrule AE enforcement. Certainly we can talk about ways to make the process run more smoothly, but the wording here is problematic. DreamGuy (talk) 00:58, 30 March 2011 (UTC)

Proposals by User:Z

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