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Clarification request: GamerGate

Initiated by MarkBernstein at 16:11, 10 March 2015 (UTC)

Case or decision affected

GamerGate 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:

• MarkBernstein (talk · contribs · deleted contribs · logs · filter log · block user · block log) (initiator)

Confirmation that all parties are aware of the request

Statement by MarkBernstein

On Friday, March 6, Think Progress published an article by Lauren C. Williams on The ‘Five Horsemen’ Of Wikipedia Paid The Price For Getting Between Trolls And Their Victims. Two days later, I was topic-banned by @Dreadstar: under the standard AE sanctions, over his concerns regarding this discussion [1] of that article at the Gamergate talk page.

I had requested clarification by email about the intended scope of the standard topic ban. Receiving no pertinent response, I asked on my talk page.

@Dreadstar: Is it your intent that this topic ban include pages relating to Campus Rape, which might conceivably be construed to be a controversy and arguably is related to gender? One might say that opposition to rape is uncontroversial, but doubtless campus rape has supporters, too, or controversy of some sort. (Then again, one might assume that commenting on other editors involved commenting on actual editors!) I ask only to advise an organization seeking my advice on promoting wider participation by women in the areas of its expertise in the wake of recent press coverage of Wikipedia.

This evoked a vituperative response by email, which I believe to have been sent to you as well, and which is now being discussed at AN/I, which I believe is the appropriate forum. I do not wish to enquire further into that here.

I do not believe the topic ban was proper, just, or expedient. I do not wish to enquire further into that in this place and at this time, though of course you may discuss whatever pleases you.

The underlying question remains: an activist had contacted me that very day, seeking advice for a Wikipedia initiative among her membership and concerned -- not unreasonably -- over the sort of repercussions that were detailed in Think Progress and previously in a number of other newspapers and magazines [2].

Is it your intent that the standard Gamergate topic ban include pages relating to Campus Rape, which might conceivably be construed to be a controversy and arguably is related to gender?

---

Administrator Masem makes an interesting proposal that the committee find that Campus Rape does not fall under the standard sanctions in general, but it does for me. DHeyward and Thargor Orlando apparently share this fascinating view. This is, of course, a bill of attainder, and is incompatible with the notion of the rule of law.

My question addresses your intent in writing the decision you wrote.

It's not clear to me that the assistance of third parties, involved or otherwise, is helpful for you to determine what you meant to say a scant six weeks ago. Nothing else is at issue here -- although now that the question has been raised so forcefully below, by such august Wikipedians, it might be useful to state whether Wikipedia policy applies alike to all, or whether it can be changed so flexibly to afflict our foes and benefit our pals.

Statement by Bosstopher

This isn't actually related to what Mark's said, but it's such a minor and uncontroversial issue that I don't want to create a separate RCA for it. Apologies to Mark for partially hijacking his ARCA. ArmyLine's topic ban (despite what's incorrectly been written on the GG General sanctions page, was actually given under Arbcom's BLP discretionary sanctions. This means FoF13 is factually innaccurate, as is remedy 12. Could these be ammended to note that ArmyLine was banned under BLP discretionary sanctions, as opposed to GG general sanctions? Bosstopher (talk) 16:45, 10 March 2015 (UTC)

Statement by TheRedPenOfDoom

Given the overly broad topic area and the directive that it be "broadly construed", we were obviously going to be back here. This time around, I would hope that the ArbCom members carefully consider the actual ramifications of whether their actions are going to minimize disruption in the long term or will provide a blueprint for how outside canvassing can be used to disrupt Wikipedia to drive editors away. I hope that any support that comes their way in this dark hour will help them come up with a decision that is actually likely going to do the former while maintaining the basic principles of creating an encyclopedia that everyone, including women, can edit without fear of arbitrary sanctions.-- TRPoD aka The Red Pen of Doom 16:53, 10 March 2015 (UTC)

Really @Courcelles:? that seems to lead down the path that @Guerillero: assured @Risker: wouldnt happen. [3] -- TRPoD aka The Red Pen of Doom 00:41, 11 March 2015 (UTC)

But then again, we have already learned how much value we can put into what the ArbCom says on a PD talk page -- TRPoD aka The Red Pen of Doom 00:45, 11 March 2015 (UTC)

So the NFL [4] /] [5] and the US Marines [6] [7] the US Congress [8] [9] Saudi Arabia and Sweden [10] are obviously covered as well, since they have well documented controversies involving gender? -- TRPoD aka The Red Pen of Doom 03:11, 11 March 2015 (UTC)

Statement by Thargor Orlando

Not to speak for Dreadstar or the Arbs, but the topic ban, as written at MarkBernstein's talk page, is in part for "any gender-related dispute or controversy." This is an incredibly controversial topic anyway, and Mark's own intentions in this clarification is to drag the drama he continually creates within the Gamergate space into the campus rape disputes. The goal of the topic ban is to keep him away from inflaming these topics, not to try and drive him to other ones. I hope the arbs and admins here clarify that this article and his involvement would fall under the relevant sanctions, and perhaps extend this topic ban toward MarkBernstein indefinitely as it should have been back at the original ruling, as he has continually shown himself unable to collaborate constructively in the space due to his personal feelings on the relevant topics of Gamergate, feminism, and Wikipedia's governance. The continued allowance of MarkBernstein to disrupt the proceedings at the relevant articles is a problem that is in need of an overdue solution.

Also, this continued spamming of his blog posts and the ThinkProgress blog post is becoming exhausting and self-promotional, and is arguably becoming an issue of a conflict of interests in and of themselves. Since we're here, it is worth a mention. We wouldn't tolerate it from anyone else.

Statement by Strongjam

Clarification on the exact scope of the GG topic ban is needed. This isn't the first time this has been brought up, previously in the Spudt3r case this came up. Personally I feel the wording is too broad, but I appreciate that might of been intentional. — Strongjam (talk) 17:12, 10 March 2015 (UTC)

Statement by NorthBySouthBaranof

Thargor Orlando's statement appears to be yet another attempt to silence dissent and sweep this issue under the rug. It is hardly "spamming" to suggest that a significant media article be included in the In the Media section. The fact that the article is significantly critical of Wikipedia's processes and response to this issue derives the inevitable inference that Thargor's decision to engage in an edit war to remove it from the In the Media section is intended to cover up inconvenient truths. (I believe the usual term for that is Streisand effect.) While leveling accusations of a "conflict of interest," Thargor interestingly fails to note his own conflict of interest here, in that the article is critical of the position he has relentlessly pushed on-wiki. What he calls "drama" is no more and no less than a thoroughly-justified belief that the encyclopedia's own processes failed those who stood up to defend the project's basic principles from vicious, organized abuse. NorthBySouthBaranof (talk) 18:18, 10 March 2015 (UTC)

ArbCom: There is a quite simple solution to these issues, and that is to acknowledge that you have made a mistake in imposing broad and indefinite topic bans on users who did nothing more than defend living people from slander. As the peak of Gamergate-related activities recedes further into the past, the reliably-sourced historical narrative about what it was, what drove it and what it intended is only solidifying, and the historical narrative of how Wikipedia responded can still be changed for the better. I challenge you to examine how you might turn about the public perception that your actions constitute a collective capitulation to an anonymous hate campaign. Injustice has been done to myself and others, and silencing those who would speak out against such injustice only compounds the problem. NorthBySouthBaranof (talk) 10:20, 11 March 2015 (UTC)

Statement by ForbiddenRocky

"Broadly construed" really needs to be explained better for this topic. The categories listed for Gamergate controversy currently : Category:2014 controversies, Category:2014 in video gaming, Category:Conflict of interest, Category:Conspiracy theories, Category:Criticism of journalism, Category:Cyberbullying, Category:Women and video games, Category:Hashtags, Category:Internet activism, Category:Internet trolling, Category:Internet vigilantism, Category:Journalism ethics, Category:Video game controversies, Category:Video game journalism, Category:Sexual harassment, Category:Misogyny, Category:2015 in video gaming, Category:2015 controversies Does a Gamergate controversy topic ban include articles sharing these categories? ForbiddenRocky (talk) 18:53, 10 March 2015 (UTC)

@Courcelles: So, a GGC topic ban does ban people from most feminist topics? ForbiddenRocky (talk) 01:05, 11 March 2015 (UTC)

Statement by Masem

I would argue that Campus Rape would not fall under the GG general sanctions as IDed by ArbCom, for any other editor. But I will argue that in the specific case of Mark, who in the past has been quick to label editors as "rape apologists" tied to the GG situation ([11], [12] that this clearly shows a strong COI in the area, and that in this specific case for Mark should be an area to avoid, if even voluntarily. --MASEM (t) 19:54, 10 March 2015 (UTC)

Statement by (unrelated) coldacid

From the case remedies:[13]

(i) The community Gamergate general sanctions are hereby rescinded and are replaced by standard discretionary sanctions, which are authorized for all edits about, and all pages related to, (a) GamerGate, (b) any gender-related dispute or controversy, (c) people associated with (a) or (b), all broadly construed.

Campus rape is a touchy subject in gender issues and civil issues groups, and because of the spectrum of opinions and how vehemently holders of those opinions can be when they are challenged on them, I think it's safe to say that it would fall under the (i)(b) subclause of the Discretionary sanctions remedy. Whether or not the GG discretionary sanctions should include pages on the subject of campus rape is another issue altogether.

Depending on the size and/or membership of the set of editors both active on pages regarding campus rape and those regarding GamerGate, it may or may not be worthwhile for the arbs to consider making an exception to the GG DS. Honestly I'm not interested in making that determination, nor suggestions towards it, but looking into that may be the way this request should go, if the arbs decide to take any action. // coldacid (talk|contrib) 19:56, 10 March 2015 (UTC)

@ForbiddenRocky: I'd argue that yes, GG topic bans do include feminist topics, and I'd even posit that (i)(b) and (i)(c) exist to prevent the GamerGate battleground from spilling out into those topic areas. // coldacid (talk|contrib) 01:54, 11 March 2015 (UTC)

@Masem: I'd love to know why you think that campus rape as a topic wouldn't fall under the sanctions. I agree that this is definitely an area that MarkBernstein should avoid, but unless I've been misreading something, somewhere, it seems pretty clear that campus rape would be covered under the areas included in the GG topic bans. // coldacid (talk|contrib) 01:54, 11 March 2015 (UTC)

Statement by DHeyward

MArkBernstein's topic ban was for continuing to comment on contributors and not content. This was noted by two admins on his talk page and has been noted elsewhere. Notwithstanding his strawman argument about campus rape, of which I can find no substantial contribution by MarkBernstein, his topic ban has nothing to do with it. This is a canard put forth only to muddy the waters. MarkBernstein doesn't appear to be here to build the encyclopedia. --DHeyward (talk) 20:34, 10 March 2015 (UTC)

Statement by NE Ent

Since Campus rape references both "attitudes towards women" and Christian Hoff Sommers / gender feminism logically it would fall under the topic ban. NE Ent 23:22, 10 March 2015 (UTC)

Statement by Rich Farmbrough

I am very concerned that we should not waste the talents of someone like MarkBernstein. While he apparently has trouble disengaging from personalities, or at least understanding how others might perceive what he writes, when working in areas about which he feels strongly, he has a wealth of expertise in the statistical field which can be very productive on Wikipedia.

I don't see Campus rape as being the pacific topic which MarkBernstein hopes. There are fraught conversations about double jeopardy, the role of campus police, notable hoaxes, alleged rapists being "punished" by having to write an essay, how ill-suited campus committees are to understand even the mechanics ("I had to draw a diagram"), whether those who sue universities for wrongful punishment are "entitled", and on, and on.

If this is covered by the sanction under which MarkBernstein finds himself, it is not an area where I would imagine there is any guarantee that the conflict would not recur, especially so soon after recent issues, so a special dispensation would probably be unwise.

I would suggest that other areas such a medicine, climatology and pseudo-science might well benefit from MarkBernstein's statistical expertise.

All the best: Rich Farmbrough, 02:37, 11 March 2015 (UTC).

Statement by Cailil

I'm glad this kind of request has come to ARCA - there was a case recently at AE where admins expressed uncertainty as to whether the WP:ARBGG ruling applies to issues that, to my mind, fall within the definition of gender related controversies (in that instance it was the Men's rights movement, a controversial gender politics movement). I said it AE then and I'll say it here my reading of the WP:ARBGG ruling is that

...any gender controversy is covered - so controversial backlashes against Feminism, the USA bills/laws VWA & ERA, and other topics like Same sex marriage, as well as any future issues like the Chelsea Manning conflict etc etc are already preemptively covered. It is as I understand it a preventative measure so that nothing ever gets to the GG level of disruption on WP again. The Men's rights issue is highly controversial a) in RL and b) for the Men's rights online community's reaction to wikipedia's coverage (exactly like GG).

I (and frankly the reliable sources out there) see issues like campus rape (and a whole panoply of other gender issues that are given high profile in the media due to gender politics around them) fall into this category.
Furthermore Thryduulf's contribution to that AE case seems to me to have muddied waters here[14]. Issues like Campus Rape or Men's rights or feminism or Women's studies are always already about gender, and any controversy about them or if they are a controversy, puts them firmly into the range of the ARBGG AC/DS. If I'm wrong about this I'd welcome correction by Arbs because as it stands the ARBGG ruling seems very clear to me--Cailil ^talk 09:59, 11 March 2015 (UTC)

Statement by {next person}

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

GamerGate: Clerk notes

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

GamerGate: Arbitrator views and discussion

• I think the topic of campus rape quite clearly falls inside the scope of the DS authorization. I think we should also reject Masem's idea in his statement. If something is covered by the DS, it is covered for all editors equally, there can be no "this set of topics for editor X, and this set for everyone else". As to Bosstopher's comment, they are clearly correct, and we should correct this by motion. (rewritten slightly to clarify what I meant, but the substance is the same). Courcelles (talk) 02:09, 11 March 2015 (UTC)

• TheRedPenOfDoom, this isn't some dramatic expansion of DS, Campus rape is, to me, so clearly a gender-related controversy that it surprises me we even have to discuss it. As to what one arb says somewhere, it doesn't mean the other 14 agree or endorse it, that said, this particular issue of campus rape is not that broad, and is inseparable from gender controversies that the broadly construed language isn't even necessary to have it within the scope as written. Courcelles (talk) 02:09, 11 March 2015 (UTC)

• The question is the scope of "gender-related dispute or controversy," not the validity of the specific topic-ban or the issue of Gamergate itself. The scope is straight-forward - any article, or section of an article, which is controversial or in dispute and is fundamentally related to gender issues. By definition, "Campus rape" is a gender-related issue. Regrettably its prevalence, definitions and demographics are issues of societal controversy (I dont think they should be, but they are). Therefore "Campus rape" is covered by the Gamergate DS and people topic-banned under those DS should edit elsewhere. -- Euryalus (talk) 02:30, 11 March 2015 (UTC)

• Addendum: On this issue I also agree entirely with Rich Farmbrough. -- Euryalus (talk) 02:49, 11 March 2015 (UTC)

• @TheRedPenOfDoom:, where an article is only partly related to gender, the topic ban only applies to those specific parts of the article. So if there was a section in the US Congress article that was about (say) sexual harassment by Congressmen, that would be covered by the ban. The next section on (say) the hours of operation of the Congress, would not. But really there is no need for hair-splitting if the ban is observed in good faith. Anyone with a topic ban should simply not make edits about gender-related issues. There are millions of other articles to work on. -- Euryalus (talk) 03:37, 11 March 2015 (UTC)

• I'm puzzled about why we even have to discuss this. Is campus rape gender a controversy? Yes, obviously. Is that controversy related to gender? Yes, given many reliable sources about the topic focus on one gender and the rates of perpetrators and victims differ very significantly by gender, there is no way this could not be. As such campus rape is clearly within the scope of all gamergate topic bans (not just Mark's). @MarkBernstein: Rich Farmbrough offers good advice here. @TheRedPenOfDoom: Euryalus' reply is absolutely correct. Thryduulf (talk) 10:00, 11 March 2015 (UTC)
• What Euryalus said. Salvio ^{Let's talk about it!} 10:01, 11 March 2015 (UTC)

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