Case clerks: Hahc21 ( Talk) & Callanecc ( Talk) Drafting arbitrators: Worm That Turned ( Talk) & David Fuchs ( Talk)
Wikipedia Arbitration |
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Purpose of the workshop: The case Workshop exists so that parties to the case, other interested members of the community, and members of the Arbitration Committee can post possible components of the final decision for review and comment by others. Components proposed here may be general principles of site policy and procedure, findings of fact about the dispute, remedies to resolve the dispute, and arrangements for remedy enforcement. These are the four types of proposals that can be included in committee final decisions. There are also sections for analysis of /Evidence, and for general discussion of the case. Any user may edit this workshop page; please sign all posts and proposals. Arbitrators will place components they wish to propose be adopted into the final decision on the /Proposed decision page. Only Arbitrators and clerks may edit that page, for voting, clarification as well as implementation purposes.
Behaviour on this page: Arbitration case pages exist to assist the Arbitration Committee in arriving at fair, well-informed decisions. You are required to act with appropriate decorum during this case. While grievances must often be aired during a case, you are expected to air them without being unnecessarily rude or hostile, and to respond calmly to allegations against you. Accusations of misbehaviour posted in this case must be proven with clear evidence (and otherwise not made at all). Editors who conduct themselves inappropriately during a case may be sanctioned by an arbitrator or clerk, without further warning, by being banned from further participation in the case, or being blocked altogether. Behavior during a case may be considered by the committee in arriving at a final decision.
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1) Per WP:UP#OWN, users do not own their talk pages; such pages are subject to project policy just as any other. In reality, there has been a long-standing tradition of leeway, e.g. users can instruct other users to not post on their page, and are generally exempt from 3RR to remove unwanted messages and the like.
2) Jimbo Wales' talk page is unique; while technically he is a user and it is his user's talk page, Jimbo's role as nominal project leader, "benevolent dictator", or whatever makes his talk page a sort of catch-all communication portal from the outside world to him. Sometimes a possibly banned user will use this to communicate, and many times Jimbo himself is ok with this, e.g. here. This communication should be allowed, per discretion of a talk page owner, and the discretion of a project founder.
This proposed principle is an odd mix of denying policy or trying to make new policy, asserting facts not in evidence, requiring Jimmy Wales to perform actions that he obviously doesn't want to do, and plain old wishful thinking. The only evidence we have is at There has never been a policy on JW's talk forbidding reverting banned editors. I've asked folks who assert that there is such a policy (perhaps a dozen times now) to link to it or provide some sort of evidence that such a policy exists. Nobody has. If you want to add that evidence, please do it here and now, or forever hold your peace.
The worst part of this proposed principle is that it would force JW himself to do all the policing on his talk page, when his user page plainly states, "Over 3,000 Wikipedians monitor my user and user talk page via a watchlist, and I trust them to edit and remove errors or attacks." Smallbones( smalltalk) 20:59, 19 September 2014 (UTC)
3) Too often (and I myself have been guilty of this) we enforce "the duck test" as if it were site policy, and it has led to the stifling of many conversations just because it "sounds like" something a known banned editor would say This essay should be deprecated, and users forbidden from acting upon it without evidence from a confirmed sock-puppet investigation, or a block of the suspected account. While an editor is unblocked and under no editing restriction, their edits are not to be subjected to blind reversion.
4) Even banned editors are human beings, and apart from the truly sociopathic (e.g. banned pedophiles, stalkers, etc...), should not be treated like pond swill. At the end of the day, all they have done is broken the rules of a privately-operated website. They have not committed high crimes and misdemeanors against the state.
5) Specifically, AGK's unfortunate "not here to build an encyclopedia" acceptance comment, and to a lesser extent the comments of GorillaWarfare and Seraphimblade. After 10 years in existence, the project has shifted somewhat from content creation to content curation. There are many things that one can do for the project besides the actual writing of prose; first and foremost is the never-ending policing of content for the obvious vandalism and the sometimes-not-obvious
WP:BLP problems. There are articles to delete and articles to keep. There are deletions/keeps to review. There is dispute resolution noble (MedCab) and foul (AN/I). There's the Reference Desk. The point is, the yardstick of "does editor X contribute enough article content?" as a measure of an editor's worth is about as obsolete as it'd be to ask
Danica Patrick about her dexterity with a
buggy whip.
1) Smallbones has frequently claimed a WP:3RR exemption for his 25+ reversions of a possibly banned editor, though in discussions on Jimbo's page, AN/I, and the 3RR noticeboard, this claim has not borne fruit. Per WP:UP#OWN, "..as may edits from banned users...'". May, not must.
2) I egregiously violated 3RR, and claim no exemption or right to the 25+ reverts on the days in question. It got to a "well we're way past 3 now, so..." point and the rest was history. I will note that the 3RR filing was declined, though.
3) Several times, Hell in a Bucket 1, 2 3 referred to another editor (i.e. me) as a troll for restoring the edits of a possibly banned user.
4) Specifically #3 of WP:NOT3RR, which can provide WP:3RR immunity to an editor who removes content by a banned user; it can not provide immunity to an editor who reverts another editor in good standing, if if that other editor is restoring content of a banned user. From that point on, my actions should have been covered by WP:BANREVERT. Tarc ( talk) 18:09, 24 September 2014 (UTC)
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.
1) {text of proposed remedy}
2) {text of proposed remedy}
1) {text of proposed enforcement}
2) {text of proposed enforcement}
1) We have rules to facilitate building the encyclopedia, therefore a rule may be ignored if sticking to that rule isn't going to help.
2) Jimbo is the sole editor on Wikipedia who has the authority to intervene outside of the regular process in administrative processes, review ArbCom decisions and if needed, ask ArbCom to review decisions.
3) To allow restricted editors to communicate problems, certain pages are always exempt from the imposed restrictions, Jimbo's talk page is one such page.
4) {text of Proposed principle}
1) This posting by Sceptre on Jimbo's talk page was an important posting to get the wider community involved in the dispute. It however led to Sceptre being inappropriately blocked as posting on Jimbo's talk page should not have been considered to be a violation of her topic ban.
2) On the basis of postings on his talk page by banned editors, Jimbo has intervened in a dispute on the Amanda Knox and Murder of Meredith Kercher pages. He has found that the editors were inappropriatly blocked and demanded that the blocks be reversed ( e.g. this editor).
3) {text of proposed finding of fact}
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.
1) {text of proposed remedy}
2) {text of proposed remedy}
1) {text of proposed enforcement}
2) {text of proposed enforcement}
*Some of Mr. 2001's edits to Jimbo's page introduce interesting facets of the paid editing issue. These should stand as written; they are useful for discussion and Jimmy usually responds to them, if not, they often inspire other people to insightful comments.
The two criteria for determining removal of contents from a talk page are 1) whether it furthers the goals of the project and 2) the expectations of the user whose talk page it is.
1) Furthering the goals of the project
Material that clearly does not somehow further the goals of the project may be removed, as may edits from banned users.
that the changes are either verifiable or productive and they have independent reasons for making such edits.
2) Expectations of the talk page user
In general, it is usual to avoid substantially editing another's user and user talk pages other than where it is likely edits are expected and/or will be helpful. If unsure, ask..
These policies and guidelines apply to all user talk pages, including Jimmy's page.
Banned users have posted material on my user talk page--or at least I believed them to be banned users--and I had no problem with it. The material furthered the goals of the project, and if someone had challenged it, and don't expect anyone to do so, I would have expected to provide a rationale for retaining it.
As a sidenote, the banned users as a rule were much more courteous than any number of unbanned users who have posted to my talk page. I sometimes wonder if we are banning the wrong people.
Contentious terms and inflammatory language should not be used outside of where they are justified for encyclopedic coverage, and editors should be cautious when using terms that would normally be offensive even when discussing encyclopedic content. When encountering grey areas, instead of trying to figure out where the actual line is, the best strategy would be to stay out of the grey area entirely. [6] Gender-specific profanity can create a hostile environment, even if the vulgar words aren’t directed at a specific person. [7] Vulgar gender-specific words include the words “bitch,” “whore” and “c—” to describe individuals, often embellished by the F-word. This also includes discussions of women’s anatomy and gratuitous links to images of naked women.
According to policy, usernames that are considered inappropriate are not permitted when they are likely to offend, for example, if they contain profanities, seem intended to provoke emotional reaction, or show a clear intent to disrupt.
If you look again at
WP:BMB, the examples seem aimed at content and articles, not talk pages. For example: A number of banned editors have used "good editing" (such as anti-vandalism edits) tactically, to try and game the banning system, "prove" they cannot be banned, or force editors into the paradox of either allowing banned editing or removing good content.
In particular, this seems aimed at topic bans or site bans, not IP edits or talk page comments. — Neotarf ( talk) 00:17, 26 September 2014 (UTC)
It is offensive to use terms like "retarded" and "passive aggressive" as an ad hom to label editors you do not agree with. These types of words should not be used indiscriminately, and certainly not as a personal attack on another user. Certainly the death of Robin Williams should serve to remind us of the difficulties that people with such afflictions can face, not to mention what their families go through. This prinicple is also recognized in the editorial guidelines of the BBC. — Neotarf ( talk) 00:43, 26 September 2014 (UTC)
1) Hell-in-a-Bucket has a history of gratuitous and disruptive use of gender-specific offensive language, including a lengthy and contentious thread on Jimbo's talk page. See previous
Civility case for diffs. In spite of this unfortunate history, Mr. Bucket managed to use the c-word twice just in his opening statement for this case.
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[10] Mr. Bucket has dropped the c-bomb twice three times now on this page alone,
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[12] (including the edit summary)
[13]; also the f-bomb once
[14] (including "ffs" in the edit summary), and the n-word once
[15]. And as mentioned elsewhere, "passive-aggressive" five six times.
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[21].—
Neotarf (
talk) 02:59, 26 September 2014 (UTC)
@HIAB and arbs: The question of what is profanity, what is offensive speech, and what is hate speech has come up over and over lately. The n-word gets an automatic redelete on Wikipedia, but not the c-bomb. Why?
This court opinion was written about an employment case, not a volunteer organization, but some of the principles are the similar to the ones facing the English Wikipedia. It specifically addresses the argument Mr. Bucket raises below, that his speech was not addressed to a specific person. For anyone interested in the topic, I would highly recommend reading this article. The article is short and written in a conversational style. Here are some excerpts:
Ingrid Reeves worked as a sales representative from July 2001 to March 2004 in the Birmingham, Alabama branch of C.H. Robinson. She worked in a cubicle in an open area with six male co-workers.
During that time, she was subjected to an onslaught of foul and disgusting language at work on a daily basis. Women were repeatedly referred to [by gender-specific and genitalia-based insults].
Co-workers also listened to a crude radio show each morning, displayed pornography on a computer, and sang songs about gender-derogatory topics.
The Eleventh Circuit Finds For Reeves
The Court started the opinion with some "core principles of employment discrimination law" in hostile work environment cases:
•a plaintiff must show that 1) her employer discriminated because of her membership in a protected group (race, sex, etc.) and that 2) the offensive conduct was either severe or pervasive enough to alter the terms or conditions of employment
•Title VII is not a civility code, and not all profane or sexual language or conduct will constitute discrimination
•workplace conduct can not be viewed in isolation, but but must be viewed cumulatively and in its social context
•a plaintiff can prove a hostile work environment by showing severe or pervasive discrimination directed against her protected group, even if she herself is not individually singled out
In the words of the Court:
Here, Reeves claims that her conditions of employment were humiliating and degrading in a way that the conditions of her male co-workers' employment were not.
It is no answer to say that the workplace may have been vulgar and sexually degrading before Reeve arrived.
Once Ingrid Reeves entered her workplace, the discriminatory conduct became actionable under the law. Congress has determined that Reeves had a right not to suffer conditions in the workplace that were disparately humiliating, abusive, or degrading.
Finally, the Court rejected C.H. Robinson's third contention -- that Reeve's co-workers used the terms "bitch" and "whore" to refer to both men and women and so those terms couldn't be gender specific. The Court noted:
It is undeniable that the terms "bitch" and "whore" have gender specific meanings. Calling a man a "bitch" belittles him precisely because it belittles women. It implies that the male object of ridicule is a lesser man and feminine, and may not belong in the workplace. Indeed, it insults the man by comparing him to a woman, and, thereby could be taken as humiliating to women as a group as well.
In sum:
If Reeve's account is to be believed, C.H. Robinson's workplace was more than a rough environment -- indiscriminately vulgar, profane, and sexual. Instead, a jury reasonably could find that it was a workplace that exposed Reeves to disadvantageous terms or conditions of employment to which members of the other sex were not exposed.
2) Hell-in-a-Bucket has a provocative/profane user name. The word "hell" is profanity. It is listed so in the simple English Wikipedia. And it is certainly one of the words you cannot use at the Thanksgiving dinner table. Try murmuring "hell" under your breath. How do you feel? Like you're ready to go off on someone? Yup, this is not a word that belongs on the talk page. There is already enough drama. When asked about his user name, his reply was "search it on wikipedia and see where it is from". [24], and it was another user who provided the diff for the RFC. But does he even write the meaning on his user pages? No. It was another user who provided the diff for the RFC [25]
You know, that's a very good question and not that easy to answer. Let's start with the obvious: there is no one who can give you a definitive and binding answer because a) there is no one who regulates English and b) even if there were, such institutions don't usually pay attention to this kind of thing. So who decides whether a word is a profanity? Simple: you and yours do. In other words, it's all about the community (however defined) standards. If you think it's a profanity, it is a profanity. I don't consider it a profanity, but I avoid using the word whenever I speak to Americans because they usually do.
[ [29]]
[ [30]]
[ [31]] If you notice this is how I deal with reasonable individuals, when you demand things, try and manipulate the picture and act in a passive aggressive fashion I'm understandably less cordial. If you look I even made the one change that most people were advocating and reduced the name. If you think that my username is inappropriate isn't that the place to return and try and get a consensus or it is somehow related to a case about the banning policy? Hell in a Bucket ( talk) 03:01, 26 September 2014 (UTC)
3) Hell-in-a-Bucket should not be refactoring talk pages for Jimmy Wales or the arbitrators until he has some experience observing standard talk page practices. He has recently been involved in some unconventional talk page activities that have not been a good antecedent for looking after high profile pages.
For instance, when I posed a question to User:John at John's talk page, Mr. bucket answered [32], even though I had previously asked him to stay off my talk page. [33] John then blanked the thread [34] and pasted it on my talk page [35], complete with sigs and time stamps, as if it had been originally posted there. A request for the OP to remove it went nowhere [36]; and Mr. Bucket repeatedly reverted my strikethrough [37] [38] [39]
In a similar occurrence on NYB's talk page, Mr. Bucket reverted my routine insertion of a page break into a long thread prior to attempting to post a comment [40] [41], this one with an edit summary "No were are not adding your pov on now ended discussion", and kept me from posting any comment with about 40 minutes worth of edit conflicts. He convinced another user to revert it as well [42].
In particular, the more high profile talk pages require some level of judgment, to balance the various portions of policy that may seem to be in conflict, as often happens with policy, in a way that facilitates communication and problem-solving.
4) Mr. Bucket uses the term "passive aggressive" five six times on this page alone.
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1) The purpose of Wikipedia is to create a high-quality, free-content encyclopedia in an atmosphere of camaraderie and mutual respect among contributors. Use of the site for other purposes—including, but not limited to, advocacy, propaganda, or furtherance of old feuds—is prohibited. Editors are sometimes site-banned to prevent long-term or on-going disruption and to protect the community. These editors are prohibited from making any edits on Wikipedia and may regain their editing privileges only by a) petitioning the Arbitration Committee, b) requesting a review from the community at WP:AN for a community ban, or c) filing an appeal to Jimmy Wales within two week of the ban being imposed.
2) Anybody may revert any edit made by a banned editor without fear of violating the edit warring policy and without being required to answer questions about the reversion. New accounts which engage in the same behavior as a banned editor or blocked account in the same context, and who appear to be editing Wikipedia solely for that purpose, may be similarly reverted. No checkuser or administrator approval is required. Other editors may not undermine or sabotage the reversion and may not serve as a proxy for the banned editor.
3) User pages are subject to the same policies as other pages on Wikipedia and do not belong to the user. Other users may remove edits from banned users. By longstanding tradition and practice, however, users are given wide latitude to manage their talk pages as they see fit. By virtue of his continuing special role on Wikipedia, User:Jimbo Wales is given especially wide latitude to manage his talk page.
1) User:MyWikiBiz/User:Thekohser, aka "Mr. 2001", User:Spotting ToU, User:The Rewarder, User:The Receiver, etc.is a longtime banned user who has grossly abused the community's trust from 2006 through to the present day. He attacks Wikipedians on-wiki and off. He admits to using technical measures to avoid detection of his sockpuppeting. He spends much of his time on Wikipedia harassing and trolling User:Jimbo Wales, who states that Mr. 2001's "primary goal here … has been his primary hobby for several years now - cyberstalking and attacking me in every possible venue." Wales has also asked that Mr. 2001's edits be removed from his talk page.
2) Despite knowing on August 6 that TheKohser/Mr. 2001/Spotting ToU was a banned editor, on August 7 - 8 Tarc edit wars to keep Spotting ToU's signed comment on Jimbo Wales's talk page. Tarc later brags to Spotting ToU that he "pull(ed) off ... 25 reverts in 24 hours on one of the most-watched talkpages of the project. :)"
The following week, at the direction of another Mr. 2001 sock, User:The Rewarder, TARC edit wars again to keep in "The Rewarder's" trolling comment, reverting 3 different editors who removed the comment. Thus Tarc not only sabotaged ban enforcement, but edit warred, and violated WP:PROXYING
1) Jan. 2 2014 - JW states that [52] "Mr 2001 is a very well known very banned editor" (back ground material)
2) July 31 -JW identified User:Spotting ToU as "Mr. 2001", Spotting ToU essentially agreed, admitted to being a paid editor and using technical means to avoid detection [53]
3) August 5 - I revert SpottingToU, identifying him as a banned editor. [54]
4) August 5 - Tarc starts a new section [55] on JW's talk, naming it "Mr. 2001" asking JW if he'd like to have Mr. 2001 reverted every time he edits, or whether Mr. 2001 should not be reverted. Tarc links to the above 2 discussions (2) as an example where JW and Mr. 2001 have had a constructive (!) discussion, and (3) as an example of how Mr. 2001 is reverted on sight.
5) 21:55, 5 August - Tarc continues in the "Mr. 2001" section [56] "The point, to reiterate, is that an editor has leeway on this matter as to allow a banned editor's comments to remain on his/her own talk page. I was asking the person, i.e. Mr. Wales, behind this talk page what he would prefer in regards to this particular banned editor." (bolding mine)
There's more, but since Tarc refuses to discuss the evidence, calling it "minutiae" below, there's not much point. Smallbones( smalltalk) 16:40, 21 September 2014 (UTC)
3) User:Jimbo Wales does not actively manage his talk page. Rather, he says "Over 3,000 Wikipedians monitor my user and user talk page via a watchlist, and I trust them to edit and remove errors or attacks." He has traditionally been very open to anybody who is editing in good faith to post a message on the talk page, but does not welcome those who are not editing in good faith. He does not wish to "invite banned users to post here in general!" He does not prohibit anybody from reverting banned editors on the page. In particular, he has himself reverted a sockpuppet of the banned user Thekohser, aka Mr. 2001, and encouraged other editors to revert this banned user's edits.
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.
1) User:Jimbo Wales is allowed to manage his talk page according to his wishes, as long as his management doesn't violate policy. He is not required to answer every question posed on the page. He is not required to personally approve every reversion of a banned editor on the page. We wish to thank him for maintaining a very open talkpage which is very useful to the project.
2) User Tarc is banned for one year for sabotaging the legitimate reversion of a banned editor, for proxying for a banned editor, and for making personal attacks on this page.
Separately, he is banned from editing User talk:Jimbo Wales indefinitely for egregious edit warring on that page. This ban may be appealed 6 months after the removal or expiration of the first ban.
3) The site-wide ban of User:MyWikiBiz/ User:Thekohser, aka Mr. 2001, remains in effect, meaning that he may not edit any page, even his own talk page.
Separately, he is topic banned from editing User talk:Jimbo Wales or any other page related to Jimmy Wales, broadly construed. This ban may be appealed 6 months after his site ban is removed.
Enforcement of these bans may include the following
1) {text of proposed enforcement}
2) {text of proposed enforcement}
1) Wikipedia talk page guidelines and established practice give wide latitude to what a user may permit or remove from their talkpage, including reverting repeated attempts by others to re-add the same material.
2) Established practice, supported by talk page guidelines, also permits editors to indicate they do not wish someone to post on their talk page, and to ask others to make sure this is respected. This often works well in defusing, or at least minimising, disputes.
1) Jimbo Wales expressly requested other editors to revert edits made on his talkpage by the editor in question, giving emphatic reasons as to why. ( diff (as already provided in evidence by Smallbones)).
2) Smallbones had a good faith belief that the text he was reverting was written by the editor whose additions Jimbo Wales had asked to be reverted.
3a) Smallbones' actions in reverting the added text beyond 3RR were therefore reasonable, and not outside policy.
alternative
3b) Smallbones' actions in reverting the added text beyond 3RR were therefore not technically outside policy.
4) However, Smallbones continuing to edit war up to more than a dozen reverts in one day, was clearly excessive. He should have sought wider consensus and community opinion on how to deal with the situation.
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.
1a) Smallbones is reminded that edit warring is to be avoided where possible, and that seeking community feedback and dispute resolution is required when situations have escalated out of hand, even in cases where policy and established practice might technically justify further edit-warring.
alternative
1b) Smallbones is admonished for continuing a protracted edit war when it should have been obvious that seeking community feedback and dispute resolution would have been the wiser course; and is reminded that technical justifications for continued edit-warring cannot justify actions obviously disruptive to the project.
1) While Jimbo's talk page, like all user talk pages, are subject to Wikipedia rules and practices, the wishes of the editor are paramount when it comes to removal of comments from other persons, especially personal antagonists and banned editors. It is commonplace for "talk page stalkers" to remove vandalism and trolling from user talk pages, including new users. Customarily established users have many "friendly stalkers" willing to do that.
2) As founder, Jimbo's talk page is granted special attention beyond that given to other editors. Editors are far more protective of his talk page than they are in other Wikipedia spaces.
1) In addition to explicitly asking editors to revert MyWikiBiz/TheKohser, given their well-known personal animosity, Jimbo has never asked editors, including the parties to this case, to desist from removing that person's talk page comments. Like all editors, he can and has made exceptions, but that hasn't constituted a reversal of his position.
2) In addition to explicitly asking editors to revert MyWikiBiz/TheKohser socks when they appear, Jimbo has never asked editors, including the parties to this case, to desist from removing that person's talk page comments. Like all editors, he can and has made exceptions, but has not reversed his position, which he clearly expressed by allowing the reverts to occur.
3) All of the edits reverted by the parties to this case were clearly by socks of the person behind TheKohser/MyWikiBiz, in that they had the same agenda, writing style and subject matter.
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.
1) Smallbones acted in good faith and in accordance with Jimbo's wishes concerning this banned editor.
1) Banned means banned. This extends throughout Wikipedia, and is by no means limited to article space.
2) Intentionally restoring comments by banned users is an explicit violation of WP:PROXY, as comments can never meet the criteria of "obviously helpful changes, such as fixing typos or undoing vandalism".
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.
1) Tarc is prohibited from restoring any material by any editor on any talk page when that material has been removed by another editor.
1) Should Tarc violate his prohibition, he will be desysopped, blocked indefinitely, and banned for a period of one year.
Corrected my input ... don't know where I got the misapprehension that Tarc was an admin.— Kww( talk) 18:43, 26 September 2014 (UTC)
2) {text of proposed enforcement}
1) The members of the Arbitration Committee are hereby rewarded with free ice cream.
Place here items of evidence (with diffs) and detailed analysis
Case clerks: Hahc21 ( Talk) & Callanecc ( Talk) Drafting arbitrators: Worm That Turned ( Talk) & David Fuchs ( Talk)
Wikipedia Arbitration |
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Track related changes |
Purpose of the workshop: The case Workshop exists so that parties to the case, other interested members of the community, and members of the Arbitration Committee can post possible components of the final decision for review and comment by others. Components proposed here may be general principles of site policy and procedure, findings of fact about the dispute, remedies to resolve the dispute, and arrangements for remedy enforcement. These are the four types of proposals that can be included in committee final decisions. There are also sections for analysis of /Evidence, and for general discussion of the case. Any user may edit this workshop page; please sign all posts and proposals. Arbitrators will place components they wish to propose be adopted into the final decision on the /Proposed decision page. Only Arbitrators and clerks may edit that page, for voting, clarification as well as implementation purposes.
Behaviour on this page: Arbitration case pages exist to assist the Arbitration Committee in arriving at fair, well-informed decisions. You are required to act with appropriate decorum during this case. While grievances must often be aired during a case, you are expected to air them without being unnecessarily rude or hostile, and to respond calmly to allegations against you. Accusations of misbehaviour posted in this case must be proven with clear evidence (and otherwise not made at all). Editors who conduct themselves inappropriately during a case may be sanctioned by an arbitrator or clerk, without further warning, by being banned from further participation in the case, or being blocked altogether. Behavior during a case may be considered by the committee in arriving at a final decision.
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1) Per WP:UP#OWN, users do not own their talk pages; such pages are subject to project policy just as any other. In reality, there has been a long-standing tradition of leeway, e.g. users can instruct other users to not post on their page, and are generally exempt from 3RR to remove unwanted messages and the like.
2) Jimbo Wales' talk page is unique; while technically he is a user and it is his user's talk page, Jimbo's role as nominal project leader, "benevolent dictator", or whatever makes his talk page a sort of catch-all communication portal from the outside world to him. Sometimes a possibly banned user will use this to communicate, and many times Jimbo himself is ok with this, e.g. here. This communication should be allowed, per discretion of a talk page owner, and the discretion of a project founder.
This proposed principle is an odd mix of denying policy or trying to make new policy, asserting facts not in evidence, requiring Jimmy Wales to perform actions that he obviously doesn't want to do, and plain old wishful thinking. The only evidence we have is at There has never been a policy on JW's talk forbidding reverting banned editors. I've asked folks who assert that there is such a policy (perhaps a dozen times now) to link to it or provide some sort of evidence that such a policy exists. Nobody has. If you want to add that evidence, please do it here and now, or forever hold your peace.
The worst part of this proposed principle is that it would force JW himself to do all the policing on his talk page, when his user page plainly states, "Over 3,000 Wikipedians monitor my user and user talk page via a watchlist, and I trust them to edit and remove errors or attacks." Smallbones( smalltalk) 20:59, 19 September 2014 (UTC)
3) Too often (and I myself have been guilty of this) we enforce "the duck test" as if it were site policy, and it has led to the stifling of many conversations just because it "sounds like" something a known banned editor would say This essay should be deprecated, and users forbidden from acting upon it without evidence from a confirmed sock-puppet investigation, or a block of the suspected account. While an editor is unblocked and under no editing restriction, their edits are not to be subjected to blind reversion.
4) Even banned editors are human beings, and apart from the truly sociopathic (e.g. banned pedophiles, stalkers, etc...), should not be treated like pond swill. At the end of the day, all they have done is broken the rules of a privately-operated website. They have not committed high crimes and misdemeanors against the state.
5) Specifically, AGK's unfortunate "not here to build an encyclopedia" acceptance comment, and to a lesser extent the comments of GorillaWarfare and Seraphimblade. After 10 years in existence, the project has shifted somewhat from content creation to content curation. There are many things that one can do for the project besides the actual writing of prose; first and foremost is the never-ending policing of content for the obvious vandalism and the sometimes-not-obvious
WP:BLP problems. There are articles to delete and articles to keep. There are deletions/keeps to review. There is dispute resolution noble (MedCab) and foul (AN/I). There's the Reference Desk. The point is, the yardstick of "does editor X contribute enough article content?" as a measure of an editor's worth is about as obsolete as it'd be to ask
Danica Patrick about her dexterity with a
buggy whip.
1) Smallbones has frequently claimed a WP:3RR exemption for his 25+ reversions of a possibly banned editor, though in discussions on Jimbo's page, AN/I, and the 3RR noticeboard, this claim has not borne fruit. Per WP:UP#OWN, "..as may edits from banned users...'". May, not must.
2) I egregiously violated 3RR, and claim no exemption or right to the 25+ reverts on the days in question. It got to a "well we're way past 3 now, so..." point and the rest was history. I will note that the 3RR filing was declined, though.
3) Several times, Hell in a Bucket 1, 2 3 referred to another editor (i.e. me) as a troll for restoring the edits of a possibly banned user.
4) Specifically #3 of WP:NOT3RR, which can provide WP:3RR immunity to an editor who removes content by a banned user; it can not provide immunity to an editor who reverts another editor in good standing, if if that other editor is restoring content of a banned user. From that point on, my actions should have been covered by WP:BANREVERT. Tarc ( talk) 18:09, 24 September 2014 (UTC)
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.
1) {text of proposed remedy}
2) {text of proposed remedy}
1) {text of proposed enforcement}
2) {text of proposed enforcement}
1) We have rules to facilitate building the encyclopedia, therefore a rule may be ignored if sticking to that rule isn't going to help.
2) Jimbo is the sole editor on Wikipedia who has the authority to intervene outside of the regular process in administrative processes, review ArbCom decisions and if needed, ask ArbCom to review decisions.
3) To allow restricted editors to communicate problems, certain pages are always exempt from the imposed restrictions, Jimbo's talk page is one such page.
4) {text of Proposed principle}
1) This posting by Sceptre on Jimbo's talk page was an important posting to get the wider community involved in the dispute. It however led to Sceptre being inappropriately blocked as posting on Jimbo's talk page should not have been considered to be a violation of her topic ban.
2) On the basis of postings on his talk page by banned editors, Jimbo has intervened in a dispute on the Amanda Knox and Murder of Meredith Kercher pages. He has found that the editors were inappropriatly blocked and demanded that the blocks be reversed ( e.g. this editor).
3) {text of proposed finding of fact}
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.
1) {text of proposed remedy}
2) {text of proposed remedy}
1) {text of proposed enforcement}
2) {text of proposed enforcement}
*Some of Mr. 2001's edits to Jimbo's page introduce interesting facets of the paid editing issue. These should stand as written; they are useful for discussion and Jimmy usually responds to them, if not, they often inspire other people to insightful comments.
The two criteria for determining removal of contents from a talk page are 1) whether it furthers the goals of the project and 2) the expectations of the user whose talk page it is.
1) Furthering the goals of the project
Material that clearly does not somehow further the goals of the project may be removed, as may edits from banned users.
that the changes are either verifiable or productive and they have independent reasons for making such edits.
2) Expectations of the talk page user
In general, it is usual to avoid substantially editing another's user and user talk pages other than where it is likely edits are expected and/or will be helpful. If unsure, ask..
These policies and guidelines apply to all user talk pages, including Jimmy's page.
Banned users have posted material on my user talk page--or at least I believed them to be banned users--and I had no problem with it. The material furthered the goals of the project, and if someone had challenged it, and don't expect anyone to do so, I would have expected to provide a rationale for retaining it.
As a sidenote, the banned users as a rule were much more courteous than any number of unbanned users who have posted to my talk page. I sometimes wonder if we are banning the wrong people.
Contentious terms and inflammatory language should not be used outside of where they are justified for encyclopedic coverage, and editors should be cautious when using terms that would normally be offensive even when discussing encyclopedic content. When encountering grey areas, instead of trying to figure out where the actual line is, the best strategy would be to stay out of the grey area entirely. [6] Gender-specific profanity can create a hostile environment, even if the vulgar words aren’t directed at a specific person. [7] Vulgar gender-specific words include the words “bitch,” “whore” and “c—” to describe individuals, often embellished by the F-word. This also includes discussions of women’s anatomy and gratuitous links to images of naked women.
According to policy, usernames that are considered inappropriate are not permitted when they are likely to offend, for example, if they contain profanities, seem intended to provoke emotional reaction, or show a clear intent to disrupt.
If you look again at
WP:BMB, the examples seem aimed at content and articles, not talk pages. For example: A number of banned editors have used "good editing" (such as anti-vandalism edits) tactically, to try and game the banning system, "prove" they cannot be banned, or force editors into the paradox of either allowing banned editing or removing good content.
In particular, this seems aimed at topic bans or site bans, not IP edits or talk page comments. — Neotarf ( talk) 00:17, 26 September 2014 (UTC)
It is offensive to use terms like "retarded" and "passive aggressive" as an ad hom to label editors you do not agree with. These types of words should not be used indiscriminately, and certainly not as a personal attack on another user. Certainly the death of Robin Williams should serve to remind us of the difficulties that people with such afflictions can face, not to mention what their families go through. This prinicple is also recognized in the editorial guidelines of the BBC. — Neotarf ( talk) 00:43, 26 September 2014 (UTC)
1) Hell-in-a-Bucket has a history of gratuitous and disruptive use of gender-specific offensive language, including a lengthy and contentious thread on Jimbo's talk page. See previous
Civility case for diffs. In spite of this unfortunate history, Mr. Bucket managed to use the c-word twice just in his opening statement for this case.
[9]
[10] Mr. Bucket has dropped the c-bomb twice three times now on this page alone,
[11]
[12] (including the edit summary)
[13]; also the f-bomb once
[14] (including "ffs" in the edit summary), and the n-word once
[15]. And as mentioned elsewhere, "passive-aggressive" five six times.
[16]
[17]
[18]
[19]
[20]
[21].—
Neotarf (
talk) 02:59, 26 September 2014 (UTC)
@HIAB and arbs: The question of what is profanity, what is offensive speech, and what is hate speech has come up over and over lately. The n-word gets an automatic redelete on Wikipedia, but not the c-bomb. Why?
This court opinion was written about an employment case, not a volunteer organization, but some of the principles are the similar to the ones facing the English Wikipedia. It specifically addresses the argument Mr. Bucket raises below, that his speech was not addressed to a specific person. For anyone interested in the topic, I would highly recommend reading this article. The article is short and written in a conversational style. Here are some excerpts:
Ingrid Reeves worked as a sales representative from July 2001 to March 2004 in the Birmingham, Alabama branch of C.H. Robinson. She worked in a cubicle in an open area with six male co-workers.
During that time, she was subjected to an onslaught of foul and disgusting language at work on a daily basis. Women were repeatedly referred to [by gender-specific and genitalia-based insults].
Co-workers also listened to a crude radio show each morning, displayed pornography on a computer, and sang songs about gender-derogatory topics.
The Eleventh Circuit Finds For Reeves
The Court started the opinion with some "core principles of employment discrimination law" in hostile work environment cases:
•a plaintiff must show that 1) her employer discriminated because of her membership in a protected group (race, sex, etc.) and that 2) the offensive conduct was either severe or pervasive enough to alter the terms or conditions of employment
•Title VII is not a civility code, and not all profane or sexual language or conduct will constitute discrimination
•workplace conduct can not be viewed in isolation, but but must be viewed cumulatively and in its social context
•a plaintiff can prove a hostile work environment by showing severe or pervasive discrimination directed against her protected group, even if she herself is not individually singled out
In the words of the Court:
Here, Reeves claims that her conditions of employment were humiliating and degrading in a way that the conditions of her male co-workers' employment were not.
It is no answer to say that the workplace may have been vulgar and sexually degrading before Reeve arrived.
Once Ingrid Reeves entered her workplace, the discriminatory conduct became actionable under the law. Congress has determined that Reeves had a right not to suffer conditions in the workplace that were disparately humiliating, abusive, or degrading.
Finally, the Court rejected C.H. Robinson's third contention -- that Reeve's co-workers used the terms "bitch" and "whore" to refer to both men and women and so those terms couldn't be gender specific. The Court noted:
It is undeniable that the terms "bitch" and "whore" have gender specific meanings. Calling a man a "bitch" belittles him precisely because it belittles women. It implies that the male object of ridicule is a lesser man and feminine, and may not belong in the workplace. Indeed, it insults the man by comparing him to a woman, and, thereby could be taken as humiliating to women as a group as well.
In sum:
If Reeve's account is to be believed, C.H. Robinson's workplace was more than a rough environment -- indiscriminately vulgar, profane, and sexual. Instead, a jury reasonably could find that it was a workplace that exposed Reeves to disadvantageous terms or conditions of employment to which members of the other sex were not exposed.
2) Hell-in-a-Bucket has a provocative/profane user name. The word "hell" is profanity. It is listed so in the simple English Wikipedia. And it is certainly one of the words you cannot use at the Thanksgiving dinner table. Try murmuring "hell" under your breath. How do you feel? Like you're ready to go off on someone? Yup, this is not a word that belongs on the talk page. There is already enough drama. When asked about his user name, his reply was "search it on wikipedia and see where it is from". [24], and it was another user who provided the diff for the RFC. But does he even write the meaning on his user pages? No. It was another user who provided the diff for the RFC [25]
You know, that's a very good question and not that easy to answer. Let's start with the obvious: there is no one who can give you a definitive and binding answer because a) there is no one who regulates English and b) even if there were, such institutions don't usually pay attention to this kind of thing. So who decides whether a word is a profanity? Simple: you and yours do. In other words, it's all about the community (however defined) standards. If you think it's a profanity, it is a profanity. I don't consider it a profanity, but I avoid using the word whenever I speak to Americans because they usually do.
[ [29]]
[ [30]]
[ [31]] If you notice this is how I deal with reasonable individuals, when you demand things, try and manipulate the picture and act in a passive aggressive fashion I'm understandably less cordial. If you look I even made the one change that most people were advocating and reduced the name. If you think that my username is inappropriate isn't that the place to return and try and get a consensus or it is somehow related to a case about the banning policy? Hell in a Bucket ( talk) 03:01, 26 September 2014 (UTC)
3) Hell-in-a-Bucket should not be refactoring talk pages for Jimmy Wales or the arbitrators until he has some experience observing standard talk page practices. He has recently been involved in some unconventional talk page activities that have not been a good antecedent for looking after high profile pages.
For instance, when I posed a question to User:John at John's talk page, Mr. bucket answered [32], even though I had previously asked him to stay off my talk page. [33] John then blanked the thread [34] and pasted it on my talk page [35], complete with sigs and time stamps, as if it had been originally posted there. A request for the OP to remove it went nowhere [36]; and Mr. Bucket repeatedly reverted my strikethrough [37] [38] [39]
In a similar occurrence on NYB's talk page, Mr. Bucket reverted my routine insertion of a page break into a long thread prior to attempting to post a comment [40] [41], this one with an edit summary "No were are not adding your pov on now ended discussion", and kept me from posting any comment with about 40 minutes worth of edit conflicts. He convinced another user to revert it as well [42].
In particular, the more high profile talk pages require some level of judgment, to balance the various portions of policy that may seem to be in conflict, as often happens with policy, in a way that facilitates communication and problem-solving.
4) Mr. Bucket uses the term "passive aggressive" five six times on this page alone.
[43]
[44]
[45]
[46]
[47]
[48]
1) The purpose of Wikipedia is to create a high-quality, free-content encyclopedia in an atmosphere of camaraderie and mutual respect among contributors. Use of the site for other purposes—including, but not limited to, advocacy, propaganda, or furtherance of old feuds—is prohibited. Editors are sometimes site-banned to prevent long-term or on-going disruption and to protect the community. These editors are prohibited from making any edits on Wikipedia and may regain their editing privileges only by a) petitioning the Arbitration Committee, b) requesting a review from the community at WP:AN for a community ban, or c) filing an appeal to Jimmy Wales within two week of the ban being imposed.
2) Anybody may revert any edit made by a banned editor without fear of violating the edit warring policy and without being required to answer questions about the reversion. New accounts which engage in the same behavior as a banned editor or blocked account in the same context, and who appear to be editing Wikipedia solely for that purpose, may be similarly reverted. No checkuser or administrator approval is required. Other editors may not undermine or sabotage the reversion and may not serve as a proxy for the banned editor.
3) User pages are subject to the same policies as other pages on Wikipedia and do not belong to the user. Other users may remove edits from banned users. By longstanding tradition and practice, however, users are given wide latitude to manage their talk pages as they see fit. By virtue of his continuing special role on Wikipedia, User:Jimbo Wales is given especially wide latitude to manage his talk page.
1) User:MyWikiBiz/User:Thekohser, aka "Mr. 2001", User:Spotting ToU, User:The Rewarder, User:The Receiver, etc.is a longtime banned user who has grossly abused the community's trust from 2006 through to the present day. He attacks Wikipedians on-wiki and off. He admits to using technical measures to avoid detection of his sockpuppeting. He spends much of his time on Wikipedia harassing and trolling User:Jimbo Wales, who states that Mr. 2001's "primary goal here … has been his primary hobby for several years now - cyberstalking and attacking me in every possible venue." Wales has also asked that Mr. 2001's edits be removed from his talk page.
2) Despite knowing on August 6 that TheKohser/Mr. 2001/Spotting ToU was a banned editor, on August 7 - 8 Tarc edit wars to keep Spotting ToU's signed comment on Jimbo Wales's talk page. Tarc later brags to Spotting ToU that he "pull(ed) off ... 25 reverts in 24 hours on one of the most-watched talkpages of the project. :)"
The following week, at the direction of another Mr. 2001 sock, User:The Rewarder, TARC edit wars again to keep in "The Rewarder's" trolling comment, reverting 3 different editors who removed the comment. Thus Tarc not only sabotaged ban enforcement, but edit warred, and violated WP:PROXYING
1) Jan. 2 2014 - JW states that [52] "Mr 2001 is a very well known very banned editor" (back ground material)
2) July 31 -JW identified User:Spotting ToU as "Mr. 2001", Spotting ToU essentially agreed, admitted to being a paid editor and using technical means to avoid detection [53]
3) August 5 - I revert SpottingToU, identifying him as a banned editor. [54]
4) August 5 - Tarc starts a new section [55] on JW's talk, naming it "Mr. 2001" asking JW if he'd like to have Mr. 2001 reverted every time he edits, or whether Mr. 2001 should not be reverted. Tarc links to the above 2 discussions (2) as an example where JW and Mr. 2001 have had a constructive (!) discussion, and (3) as an example of how Mr. 2001 is reverted on sight.
5) 21:55, 5 August - Tarc continues in the "Mr. 2001" section [56] "The point, to reiterate, is that an editor has leeway on this matter as to allow a banned editor's comments to remain on his/her own talk page. I was asking the person, i.e. Mr. Wales, behind this talk page what he would prefer in regards to this particular banned editor." (bolding mine)
There's more, but since Tarc refuses to discuss the evidence, calling it "minutiae" below, there's not much point. Smallbones( smalltalk) 16:40, 21 September 2014 (UTC)
3) User:Jimbo Wales does not actively manage his talk page. Rather, he says "Over 3,000 Wikipedians monitor my user and user talk page via a watchlist, and I trust them to edit and remove errors or attacks." He has traditionally been very open to anybody who is editing in good faith to post a message on the talk page, but does not welcome those who are not editing in good faith. He does not wish to "invite banned users to post here in general!" He does not prohibit anybody from reverting banned editors on the page. In particular, he has himself reverted a sockpuppet of the banned user Thekohser, aka Mr. 2001, and encouraged other editors to revert this banned user's edits.
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.
1) User:Jimbo Wales is allowed to manage his talk page according to his wishes, as long as his management doesn't violate policy. He is not required to answer every question posed on the page. He is not required to personally approve every reversion of a banned editor on the page. We wish to thank him for maintaining a very open talkpage which is very useful to the project.
2) User Tarc is banned for one year for sabotaging the legitimate reversion of a banned editor, for proxying for a banned editor, and for making personal attacks on this page.
Separately, he is banned from editing User talk:Jimbo Wales indefinitely for egregious edit warring on that page. This ban may be appealed 6 months after the removal or expiration of the first ban.
3) The site-wide ban of User:MyWikiBiz/ User:Thekohser, aka Mr. 2001, remains in effect, meaning that he may not edit any page, even his own talk page.
Separately, he is topic banned from editing User talk:Jimbo Wales or any other page related to Jimmy Wales, broadly construed. This ban may be appealed 6 months after his site ban is removed.
Enforcement of these bans may include the following
1) {text of proposed enforcement}
2) {text of proposed enforcement}
1) Wikipedia talk page guidelines and established practice give wide latitude to what a user may permit or remove from their talkpage, including reverting repeated attempts by others to re-add the same material.
2) Established practice, supported by talk page guidelines, also permits editors to indicate they do not wish someone to post on their talk page, and to ask others to make sure this is respected. This often works well in defusing, or at least minimising, disputes.
1) Jimbo Wales expressly requested other editors to revert edits made on his talkpage by the editor in question, giving emphatic reasons as to why. ( diff (as already provided in evidence by Smallbones)).
2) Smallbones had a good faith belief that the text he was reverting was written by the editor whose additions Jimbo Wales had asked to be reverted.
3a) Smallbones' actions in reverting the added text beyond 3RR were therefore reasonable, and not outside policy.
alternative
3b) Smallbones' actions in reverting the added text beyond 3RR were therefore not technically outside policy.
4) However, Smallbones continuing to edit war up to more than a dozen reverts in one day, was clearly excessive. He should have sought wider consensus and community opinion on how to deal with the situation.
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.
1a) Smallbones is reminded that edit warring is to be avoided where possible, and that seeking community feedback and dispute resolution is required when situations have escalated out of hand, even in cases where policy and established practice might technically justify further edit-warring.
alternative
1b) Smallbones is admonished for continuing a protracted edit war when it should have been obvious that seeking community feedback and dispute resolution would have been the wiser course; and is reminded that technical justifications for continued edit-warring cannot justify actions obviously disruptive to the project.
1) While Jimbo's talk page, like all user talk pages, are subject to Wikipedia rules and practices, the wishes of the editor are paramount when it comes to removal of comments from other persons, especially personal antagonists and banned editors. It is commonplace for "talk page stalkers" to remove vandalism and trolling from user talk pages, including new users. Customarily established users have many "friendly stalkers" willing to do that.
2) As founder, Jimbo's talk page is granted special attention beyond that given to other editors. Editors are far more protective of his talk page than they are in other Wikipedia spaces.
1) In addition to explicitly asking editors to revert MyWikiBiz/TheKohser, given their well-known personal animosity, Jimbo has never asked editors, including the parties to this case, to desist from removing that person's talk page comments. Like all editors, he can and has made exceptions, but that hasn't constituted a reversal of his position.
2) In addition to explicitly asking editors to revert MyWikiBiz/TheKohser socks when they appear, Jimbo has never asked editors, including the parties to this case, to desist from removing that person's talk page comments. Like all editors, he can and has made exceptions, but has not reversed his position, which he clearly expressed by allowing the reverts to occur.
3) All of the edits reverted by the parties to this case were clearly by socks of the person behind TheKohser/MyWikiBiz, in that they had the same agenda, writing style and subject matter.
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.
1) Smallbones acted in good faith and in accordance with Jimbo's wishes concerning this banned editor.
1) Banned means banned. This extends throughout Wikipedia, and is by no means limited to article space.
2) Intentionally restoring comments by banned users is an explicit violation of WP:PROXY, as comments can never meet the criteria of "obviously helpful changes, such as fixing typos or undoing vandalism".
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.
1) Tarc is prohibited from restoring any material by any editor on any talk page when that material has been removed by another editor.
1) Should Tarc violate his prohibition, he will be desysopped, blocked indefinitely, and banned for a period of one year.
Corrected my input ... don't know where I got the misapprehension that Tarc was an admin.— Kww( talk) 18:43, 26 September 2014 (UTC)
2) {text of proposed enforcement}
1) The members of the Arbitration Committee are hereby rewarded with free ice cream.
Place here items of evidence (with diffs) and detailed analysis