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Requests for clarification and amendment

Clarification request: Genetically modified organisms

This discussion has been closed. Please do not modify it.
The following discussion has been closed. Please do not modify it.

Initiated by David Tornheim at 23:40, 13 September 2018 (UTC)[reply]

Case or decision affected
Genetically modified organisms arbitration case (t) (ev / t) (w / t) (pd / t)

List of any users involved or directly affected, and confirmation that all are aware of the request:

Confirmation that all parties are aware of the request

Statement by David Tornheim

I’m sure it’s not a bad faith edit on Kingofaces43’s part; however, without having the courtesy of notifying me, Kingofaces has prominently mentioned me at this WP:AE discussion.

My question to ArbCom is this: Under the terms of my topic ban in this area, am I allowed to respond to King’s statements regarding me?

King has also prominently mentioned me with regard to my TBAN at this open WP:AN/I discussion. Am I allowed to respond there or somewhere else? Is there an appropriate venue? --David Tornheim (talk) 23:40, 13 September 2018 (UTC)[reply]

Thank you to all the arbs that have weighed in. I appreciate the feedback. I support the close. --David Tornheim (talk) 17:19, 17 September 2018 (UTC)[reply]

Statement by Kingofaces43

I don't think much else needs to be said aside from that this filing or following the AE case is a violation of David's GMO topic ban. That's in part why they weren't pinged or alerted, which considering their topic ban, could have been considered pointy, grave-dancing, baiting, etc. if I had done so. The case also wasn't particularly relevant to David (no new sanctions being imposed on them) aside from me saying here's an example of pretty parallel behavior that got people topic-banned in the topic. People aren't always familiar with the GMO aspersions principle and the history of it, so examples of past issues with it at AE are helpful for admins who haven't followed the topic.

Either way, the topic ban was supposed to keep David out of this topic. I'm not sure why he thinks it would be ok to comment in an AE case on GMOs. If anything, it feels in similar territory as this AE case by another topic-banned editor with the take home message being that topic-banned editors should know better than to involve themselves in GMO DS issues unless it's to appeal their topic ban. We had problems at ANI with David violating their topic ban recently as well as concerns in this ANI thread of vexatious use of admin boards to proxy battleground behavior from the GMO topic. I chose to ignore it at that time after removing their initial topic-ban violation, but if this behavior continues and an admin doesn't call David out for that, it seems like a pretty straightforward subject to bring to AE. This venue's not really needed for that though, so I'm not sure what arbs could say here other than steer clear of the topic if anything. Kingofaces43 (talk) 00:53, 14 September 2018 (UTC)[reply]

Statement by Tryptofish

It seems to me that if anyone proposes any kind of sanctions or other actions against David, anywhere, David has every right to respond, anywhere – but that's not what's going on here. Pointing to a past case involving him does not require a response from him; the past case stands unless there is a successful appeal. And there certainly is the appearance that he has been following editors against whom he has a grudge following his GMO topic ban: link. --Tryptofish (talk) 01:12, 14 September 2018 (UTC)[reply]

Statement by Hijiri88

I'm frankly shocked that nothing has been done witht David since his first (one-month) block for TBAN violation. He hasn't apparently made any attempt to improve his behaviour, and has been blatantly hounding Jytdog, recently showing up at ANI for the first time in sixteen months for the sole purpose of undermining him in two separate threads. This is obviously revenge for the whole GMO mess, even though Jyt, who was already banned himself in the original case, had nothing to do with David's banning -- that didn't stop him from dancing on Jyt's metaphorical grave during the AE thread that led to his own TBAN, and it doesn't seem to be stopping him now. He has barely contributed anything to the mainspace in at least a year, and seems much more interested in picking fights. (Note that so-called "kombucha" does not appear to fall under GMO, even broadly, so neither Jyt nor David violated a TBAN simply by making edits related to it; my contention is that, by continuing to go after Jytdog as he has been, David is engaging in the same disruption that led to his TBAN, in clear retalliation for the GMO incident several years ago).

Obviously, ARCA is not the best place for me to be bringing this up, as I don't think it quite rises to the level of an ArbCom site ban at this point, but I do think the IDHT regarding his own TBAN, followed by a swift and long block, followed be storming away from the project for the better part of a year, followed by ... [1] (and probably more than a few others), followed by hounding Jytdog, combined with his barely making any noteworthy contributions to the mainspace during this time, I think this probably does rise to the level of some kind of community sanction, perhaps an indef block.

Hijiri 88 (やや) 09:24, 14 September 2018 (UTC)[reply]

Statement by Softlavender

No comment on the request for clarification, and I have never been involved in the whole GMO stuff, but as Hijiri and Tryptofish hint above, it may be time to consider a one-way IBan of Davod Tornheim towards Jytdog and Kingofaces (and possibly others who are as yet unmentioned here). Softlavender (talk) 10:33, 16 September 2018 (UTC)[reply]

Statement by {other-editor}

Other editors are free to make relevant comments on this request as necessary. Comments here should opine whether and how the Committee should clarify or amend the decision or provide additional information.

Genetically modified organisms: Clerk notes

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

Genetically modified organisms: Arbitrator views and discussion


Clarification request: Discretionary sanctions

Initiated by Tryptofish at 20:47, 16 September 2018 (UTC)[reply]

Case or decision affected
Wikipedia:Arbitration Committee/Discretionary sanctions

List of any users involved or directly affected, and confirmation that all are aware of the request:

Statement by Tryptofish

I would like to ask the Committee how one should understand the following question:

When Discretionary Sanctions are in effect, are editors expected to be on "good behavior" to a greater degree than is expected in general?

I'm asking this question based on several recent experiences at WP:AE (it doesn't matter which ones). It appears to me that enforcing administrators have become reluctant to get involved in some complaints, when the complaint is not a clear-cut and obvious one. In particular, I have been seeing administrator comments along the lines of "we expect a certain amount of nastiness in topic areas that are highly disputed, so we should just let that go." I realize of course that this is always a case-by-case sort of thing. I suspect that some of this grows out of a concern about backlash against an administrative decision, some out of the fact that there aren't very many admins working at AE, some out of the difficulty of working through tl;dr statements, and some out of the good-faith and very reasonable desire not to sanction someone for simply getting a little hot under the collar.

But I've also long believed (perhaps mistakenly) that part of the idea behind DS is that the Committee has determined that the topic area has become such a problem that there is a need to decisively clamp down on disruptive behavior, and that editors who are properly "aware" are expected not to test the boundaries of acceptable conduct. But I think I've been hearing from some AE admins that they regard conduct that has been chronic and disruptive, way beyond the typical hot under the collar situation, but that is the kind of thing that leads to a wall-of-text at WP:ANI, as suboptimal but acceptable when DS are in effect. So how should admins at AE understand the intention of DS in that regard? --Tryptofish (talk) 20:47, 16 September 2018 (UTC)[reply]

Worm, thanks (I think!), but I'll leave that for another conversation.
Rob, to some degree, I think your answer (just keeping it real here) is a cop-out. OK, don't tell admins how to enforce it, but ArbCom can still say what DS means. How should enforcing admins understand it? Of course, my asking this is intended to put ArbCom on the record for whatever you collectively decide to say, even if you decide to say pretty much nothing. I actually do "patrol" (or, more accurately, watchlist) the topic areas that interest me (which would make me involved if I were an admin), and I do bring what I am sure are valid concerns to AE. If ArbCom just wants to say that it's entirely up to the enforcing admins, then so be it, but I don't think that's in the community's best interest. --Tryptofish (talk) 18:19, 17 September 2018 (UTC)[reply]
Mkdw, thanks, that's very helpful. As a follow-up, I'm particularly interested in where you say This says to me that general community norms are meant to be preserved as much as possible, but when an editor departs from these norms to any degree, there is far less leniency granted. I see that sentence as being at the heart of what I am asking. It sounds to me like, as far as what I called "good behavior" goes, the basic concept of what that is, is the same with or without DS, but when DS are present, it is expected that there will be "far less leniency" for deviations from proper conduct. Is that correct? --Tryptofish (talk) 20:27, 17 September 2018 (UTC)[reply]
Reading the new comments from Katie and Worm, I think it's a useful distinction that you both make: better-than-average is not required, but worse-than-average behavior is a problem. That makes sense to me, and also makes me see a way to make my original question more focused:
When Discretionary Sanctions are in effect, to what degree is worse-than-average conduct acceptable? Putting it another way, should AE admins expect aware editors in DS areas not to test the lower limits of what is regarded as acceptable conduct? Worse-than-average behavior is a problem – but does that mean that it is also sanctionable at AE, as opposed to being a problem that we just have to live with?
--Tryptofish (talk) 18:01, 18 September 2018 (UTC)[reply]
DGG, if I understand you correctly, you are saying that DS sanctions should only be applied for disruptive conduct that is worse than what leads to sanctions in the absence of DS. That does not sound to me like what the other Arbs have said, and it leaves me a bit confused. Do I misunderstand? --Tryptofish (talk) 00:47, 19 September 2018 (UTC)[reply]
Rick and Doug, I agree with both of you, and if I'm understanding you correctly, you are saying that DS come into play when aware editors in a difficult topic area engage in "below-average" incivility, and the goal is to get that up to something near "average" or mainstream community norms, but not necessarily "above-average" as in a genteel tea party. If that's the take-home message from this discussion, then that's what I've been looking for. In other words, aware editors in DS areas should be expected at AE to be staying above the mere lower limits of acceptable behavior, even though they don't have to be paragons. --Tryptofish (talk) 19:30, 20 September 2018 (UTC)[reply]
  • I've been giving thought to where Mkdw and Katie asked for pointers to where editors have expressed concern about whether AE is working well enough. I've been loath to use specific cases lest this become a relitigation of them. But I can point to a discussion at WT:AE that I started fairly recently, that is worth a look: [2]. It comes out of an AP2 case, but I suggest looking at it more broadly than that. You will see me and other editors expressing concerns that troublesome users are not getting sanctioned enough, and most interestingly AE admins talking about how difficult it is to work at AE: Acting decisively is one thing; going out on a limb and getting it cut from behind you is another. I think some reassurance that AE admins are supposed to get things up to "normal" – as opposed to just keeping them above rock-bottom – could be beneficial. --Tryptofish (talk) 19:47, 20 September 2018 (UTC)[reply]

Statement by Pine

Do we know of any research that shows what effects the Arbcom authorization of Discretionary Sanctions has, if any, both positive and negative? Research of this nature could shed some light on whether modifications or clarifications, such as Tryptofish mentions, would be good. The scope of my question is broader than Tryptofish's question, but there is some overlap. I'm not proposing modifications or clarifications, or opposing modifications or clarifications, but I think that a review of research would be beneficial before deciding what next steps to take. --Pine 19:54, 17 September 2018 (UTC)[reply]

Statement by Kingofaces43

This is a good clarification question being posed. I have a bit of a followup related to the interplay of DS and ArbCom. When behavior X is a major disruptive issue in the topic, arbs can pass motions as a finding of fact saying it has caused disruption while allowing general DS in the topic or even passing principles or DS specifically saying such behavior is not appropriate instead.

Now when it comes to AE, editors can present such behavior and say ArbCom has said this isn't appropriate. Admins are free to say what degree of sanctions are needed or not, etc. However, when admins say they expect that level of behavior in DS topics or even say they don't think that behavior is a problem, isn't that contradicting ArbCom to a degree? Admins obviously have discretion with discretionary sanctions, but can that discretion contradict ArbCom findings that specific behavior is problem when it comes to these behavior issues Tryptofish is talking about? Kingofaces43 (talk) 00:55, 18 September 2018 (UTC)[reply]

Statement by Minor4th

This might be a dumb question (sorry) but can someone point me to a clear definition of exactly what "discretionary sanctions" is or are? This is a very good clarification, Tryptofish. Thank you. Minor4th 00:32, 21 September 2018 (UTC)[reply]

Statement by {other-editor}

Other editors are free to make relevant comments on this request as necessary. Comments here should opine whether and how the Committee should clarify or amend the decision or provide additional information.

Discretionary sanctions: Clerk notes

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

Discretionary sanctions: Arbitrator views and discussion

  • I see discretionary sanctions as providing more tools to administrators, but I don't think the Committee intended to comment on how those tools should be deployed simply by making them available. It's ultimately up to enforcing administrators to decide how to use the tools we've given them to enforce policy. It's worth noting that any administrator can sanction an editor under discretionary sanctions, and it can only be overturned by consensus. If you think something has gone unenforced routinely at AE despite being a violation of policy, as long as that view isn't too outlandish, you're welcome to patrol the area yourself and enforce our community norms of behavior. ~ Rob13Talk 03:46, 17 September 2018 (UTC)[reply]
    Except that Tryptofish doesn't actually hold the admin bit. Something he could always email me about ;) WormTT(talk) 10:13, 17 September 2018 (UTC)[reply]
  • My interpretation is that the answer is no with an obvious caveat. In looking back at the history of discretionary sanctions, the wording on expectations and the role of administrators has changed very little:
"To this end, administrators are expected to use their experience and judgment to balance the need to assume good faith, to avoid biting genuine newcomers and to allow responsible contributors maximum editing freedom with the need to keep edit-warring, battleground conduct, and disruptive behaviour to a minimum."
This says to me that general community norms are meant to be preserved as much as possible, but when an editor depart from these norms to any degree, there is far less leniency granted. Standard discretionary sanctions rely on the judgement of administrators because they are expected to evaluate a situation and determine when an editor is engaging in battleground conduct and disruptive behaviour. Intent and impact are crucial determining factors when assessing if an editor's actions have inflamed a contentious area. I cannot say I envy the job administrators that regularly patrol these areas, but AE and community consensus are both a support resource, and a check and balance to the process. Arbitration being the last resort. The Committee then has to make further decisions as to whether appropriate civility restrictions are required, or whether broad civility probation conditions should be introduced. I would be curious to hear from others at AE and the community if they feel there should be more strict expectations on behaviour in topic areas covered by standard discretionary sanctions. Mkdw talk 20:16, 17 September 2018 (UTC)[reply]
I think there is a set tolerance for "bad" behaviour that defines community norms. Anything below those norms, or as you put it "worse than normal", the use of authorized discretionary sanctions should be considered to stabilize contentious topic areas. Mkdw talk 19:35, 18 September 2018 (UTC)[reply]
@Kingofaces43: On principle, our conduct policies are supposed to be universally applied across the entire project. There is a much stronger policy-based argument on that point than there is on the argument claiming editors working in contentious areas are entitled to an easements of these policies. We have serious problems on Wikipedia about consistency as evidently seen by the treatment of newcomers versus experienced editors. Following 'best practice' would be to not to perpetuate these systemic problems further into contentious areas that would conversely more likely benefit from structure and clear expectations. Mkdw talk 20:34, 18 September 2018 (UTC)[reply]
  • I don't think topic areas with discretionary sanctions necessarily require better than average behavior, if you will; it's more that worse than average behavior has been observed in those areas on a consistent basis in the past. Like Mkdw, I'd like to hear from others about the need and desire for higher behavioral expectations in these topic areas. Katietalk 11:21, 18 September 2018 (UTC)[reply]
  • In my mind, Discretionary Sanctions are an additional set of tools in an admins belt, to make things easier for the community, They're applied in contentious and evocative areas, where the norms of community behaviour can become forgotten - and rather than have escalating complaints over and over, a single uninvolved admin can use their judgement to do things that the community would normally have to do as a whole. Now, this is a very powerful set of tools, and shouldn't used without due consideration, so I understand that it may feel that behaviours get overlooked. So, no, I don't expect a higher standard in DS areas, but as Katie points out, there has been lower standards in the area in the past and so the area may need to be brought in line with the rest of the encyclopedia. WormTT(talk) 11:48, 18 September 2018 (UTC)[reply]
  • The difference between DS and ordinary sanction sis the DSs require special procedures for their removal. To the extent that they require explicit consensus for removal, I think admins should be very cautious about using them. I suggest it would be counterproductive to apply them more freely than usual. I think this is essentially the same view my colleagues have given here DGG ( talk ) 00:42, 19 September 2018 (UTC)[reply]
  • I would be in agreement with my colleagues here. DS are put in place to bring behavior in certain contentious areas to the norm of Wikipedia. Areas that have a DS have those to ensure that standard is even across the project. RickinBaltimore (talk) 12:07, 20 September 2018 (UTC)[reply]
  • We place these in areas where, among other things, we think that uncivil behavior might be more of a problem than in other areas without sanctions. It's also my experience that in some of these areas we get new editors who come in very aggressively. We want to stop that - not of course turn them into polite tea parties, that's too much to expect, but at least to reach normal (for Wikipedia) levels of civility. These can and do help. Doug Weller talk 15:39, 20 September 2018 (UTC)[reply]
  • Mkdw and Doug put it very well, in my opinion. Areas under DS areas have been observed to suffer from worse editor conduct than usual, so DS are introduced to provide tools to empower admins to stabilize them to get them to the same level of stability that the rest of the project has. ♠PMC(talk) 19:42, 20 September 2018 (UTC)[reply]

Clarification request: Wikipedia:Casting aspersions

Initiated by Obsidi at 12:00, 20 September 2018 (UTC)[reply]

Case or decision affected
Multiple, including [3], [4], [5], [6], [7]

List of any users involved or directly affected, and confirmation that all are aware of the request:

Confirmation that all parties are aware of the request

Statement by Obsidi

I have a question concerning the principles ArbCom has established concerning WP:Casting aspersions. As this isn't a policy or guideline, this seemed the best place to clarify such decisions. My question is, does this only apply when a specific editor is named or implied? Obviously given the context in which the words are stated, it may be clear who they are WP:Casting aspersions on, and in such a case that cannot be allowed. But the problem I see with not allowing people to discuss such misbehavior more generically is that it stifles discussion concerning generalized problems with Wikipedia's processes in general.

For instance, if I say "there are a lot of bullies on the noticeboards." Saying a specific person is being a bully repeatedly without bringing them to a noticeboard and providing evidence of that would be WP:Casting aspersions. But at the same time, there may in fact be a lot of bullies on the noticeboards and yet it may not rise to the level of seriousness where sanctions are justified (and so bringing them before an appropriate noticeboard and accusing them of that would be futile).

Additionally I may wish to discuss such a problem so we can devise a solution to "there being a lot of bullies on the noticeboards." But how can I do this if I cannot even discuss the very problems that I wish to fix?

For these reasons, I am of the opinion that WP:Casting aspersions was properly limited to named or where it could reasonably be inferred who the person was talking about. But in the context of a recent block, another editor disagreed [9]. This isn't about that specific block (or whether the block is appropriate, or the conditions for unblock). But just a question of what the rules are. In re-reading WP:Casting aspersions, I noticed that it was somewhat ambiguous on this topic and so I could hardly blame the other editor for coming to this conclusion. So I am asking for clarification.

Statement by Beyond My Ken

Statement by Mandruss

It would be unwise to apply CA to general statements about the Wikipedia editing population or some segment thereof, or even more generally about human nature and its effects on Wikipedia editing. Those discussions are important and meaningful, even occasionally useful. And I've never seen anybody apply CA to that type of comments, including quite a few I've made myself.

I think the essential difference is whether the comments arise from the whole of one's Wikipedia experience or from a specific situation. My exposure to the MH saga was limited, but my impression is that his remarks were more of the latter type, and CA applies. As for what BMK meant in the comment linked by the OP, BMK can (and, I expect, will) speak for himself. ―Mandruss  12:29, 20 September 2018 (UTC)[reply]

Statement by Atsme

I agree that clarity is needed to help eliminate the inconsistencies in admin actions that may range from no action at all to indef t-bans or blocks, and everything else in between - all of which depends on who the admin and subject editor happen to be at the time. An occasional *sigh* at the end of a sentence may be misconstrued as belittling which is an aspersion whereas profanity shouted in anger may be excused. Is telling someone their comment is full of bologna an aspersion? Do insults count as aspersions - could a joke be thought of as an aspersion? Why are aspersions actionable and not outbursts of profanity? Perhaps examples should be provided as a gage to determine what is considered (1) intolerable aspersions that are blockable, (2) borderline aspersions that require a warning, and (3) not an aspersion. Having clarity and a gage to judge by may help to eliminate potential unwarranted actions or incidents where no action was taken because of uncertainty. It is clear that casting aspersions must be accompanied by diffs but more emphasis needs to be placed on the fact that the provided diffs must clearly support the claim, and it should apply to all editors & admins who participate at AE, AN, AN/I and wherever else aspersions may be an actionable behavioral issue. If the diffs are found to not support the allegations, then a boomerang is in order, and the latter really needs to be included in the clarification. I think it will help eliminate some of the cases we're seeing now that are based on casting aspersions. Atsme✍🏻📧 17:51, 20 September 2018 (UTC)[reply]

Statement by Tryptofish

Like Atsme, I feel that there is a lot of undefined territory here. As I see it, a lot of the difficulty comes out of the community's lack of broad consensus as to what constitutes incivility (and of course there is a limit to how far ArbCom should get ahead of the community). It looks to me like the community has low tolerance for new or unregistered editors saying incivil stuff, but is willing to make way too many (in my opinion) excuses when an established and net-positive user says something incivil. I feel like I'm seeing much more anger in discussions than I would like to see. As for aspersions specifically, I would suggest that ArbCom look at it in terms of where a particular conduct does or does not disrupt editing.

As I see it, saying that other editors are taking a position because they hold a particular belief should not be considered an aspersion. If I say "I think you feel strongly about X, and that's why you want to edit the page that way", although it's true that I am commenting on another editor's motivations, that's not something that we should disallow. It can be a necessary part of some discussions.

But if I say "I think you are incompetent, and that's why you made that edit", that is an aspersion and a personal attack. The difference is I'm not talking about the other editor's point of view, but about their personal characteristics.

And saying without clear evidence "I think you are editing that way because you are acting on behalf of X" is also an aspersion, and one with a history. The last case linked by the OP here was the GMO case: [10]. And this is a history that needs to be understood. Prior to the case, it had become common for editors to say things like "Editors are trying to sanitize this page because Wikipedia is full of shills acting on behalf of Monsanto". It became such a problem that it led to significant findings in that case. After the case, editors who were not already topic banned realized that they had better not say "shill" anymore, so they started dancing around it by saying things like "Editors are acting together to keep all criticism of Monsanto off this page". And here is the reason why that is still an aspersion, in a way that "Editors want to have more negative content about GMOs" is not. It goes beyond asserting that other editors have a particular POV, to where there is the implication, without evidence, of conduct that violates policy. We have policies against undeclared paid editing, and the aspersion is that some editors are violating those policies, above and beyond just having a POV. And it doesn't matter if the aspersion is framed in general instead of identifying a particular editor by name. It's still something that should be considered an aspersion, and it is something that can be highly disruptive. --Tryptofish (talk) 19:14, 20 September 2018 (UTC)[reply]

Statement by {other-editor}

Other editors are free to make relevant comments on this request as necessary. Comments here should opine whether and how the Committee should clarify or amend the decision or provide additional information.

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

Wikipedia:Casting aspersions: Arbitrator views and discussion

  • I view the "casting aspersions" principle as a subset of "no personal attacks." It is a personal attack to accuse another editor of misbehavior, although we permit it as part of dispute resolution where (1) making the accusation will benefit the encyclopedia and the community because doing so is needed to solve a problem, and (2) there's reasonable evidence to support the accusation. If someone says "Editor X has done a bad thing" that is clearly directed at Editor X. If someone says "the editors in this discussion have done a bad thing" and only Editors X, Y, and Z participated in the discussion, then that is clearly directed at Editors X, Y, and Z. On the other hand, if someone says "everyone who contributes to ABC noticeboard has done a bad thing," that would seem to be more of a criticism of a wiki-process or an aspect of wiki-culture, rather than of specific editors. So there is a distinction to be drawn there, although it's not always clear where the line falls. (For those who appreciate off-line parallels in these discussions, this exact problem arises frequently in the context of defamation law, in which a statement must be "of and concerning the plaintiff" in order to be actionable.) If I may go a bit beyond the specific question, I would add that moderate language and the avoidance of excessive rhetoric will help make such criticism more palatable and useful. To choose an example not entirely at random, if one says that the Administrators' Noticeboard and its participants are "corrupt," that could mean anything from "many editors are taking bribes" (interpreting "corrupt" as in "a corrupt politician") to "this noticeboard often doesn't work properly" (interpreting "corrupt" as in "a corrupted file"). Since one of these two statements is a calumny and the other is a truism, such ambiguities should be avoided. Newyorkbrad (talk) 14:38, 20 September 2018 (UTC)[reply]