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Case clerk: TBD Drafting arbitrator: TBD

This case is currently open, so no changes may be made to this page, and unauthorised edits may be reverted.
If you wish to submit evidence in this case, go to the evidence page. Proposals for the final decision may be made at the workshop.

Case opened on 11:32, 3 September 2017 (UTC)

Case suspended on 11:32, 3 September 2017 (UTC)

Watchlist all case (and talk) pages: Front, Ev., Wshp., PD.

Do not edit this page unless you are an arbitrator or clerk. Statements on this page are copies of the statements submitted in the original request to arbitrate this dispute, and serve as verbatim copies; therefore, they may not be edited or removed. (However, lengthy statements may be truncated – in which case the full statement will be copied to the talk page. Statements by uninvolved editors during the Requests phase will also be copied to the talk page.) Evidence which you wish to submit to the committee should be given at the /Evidence subpage, although permission must be sought by e-mail before you submit private, confidential, or sensitive evidence.

Arbitrators, the parties, and other editors may suggest proposed principles, findings, and remedies at /Workshop. The Workshop may also be used for you to submit general comments on the evidence, and for arbitrators to pose questions to the parties. Eventually, arbitrators will vote on a final decision in the case at /Proposed decision; only arbitrators may offer proposals as the Proposed Decision.

Once the case is closed, editors should edit the #Enforcement log as needed, but the other content of this page may not be edited except by clerks or arbitrators. Please raise any questions about this decision at Wikipedia:Arbitration/Requests/Clarification and Amendment, any general questions at Wikipedia talk:Arbitration Committee, and report violations of the remedies passed in the decision to Wikipedia:Arbitration/Requests/Enforcement.

Case information

Involved parties

Prior dispute resolution

Preliminary statements

Statement by Twitbookspacetube

"Winhunter, please go to Arbcom and hand in your admin tools. You are very lucky that the IP you blocked turns out to be a banned user, but the reason you blocked them was absolutely wrong."—Fram

Hi, Arbcom. I have another WP:ADMINACCT case for you today - and this one is a doozy! It all started with Winhunter deciding to get into an edit war with an IP editor - cumulating in said IP editor getting a heavily WP:INVOLVED 72 hour block from Winhunter. Later evidence would show that said IP editor was block evasion from a Long Term Abuse case under a community ban, but, at the time of the block, the connection had not been made. After a few days, the IP editor opened an ANI thread where the connection between the IP and the CBanned user was made - however the community expressed ALARMINGLY strong support for Winhunter to head over to WP:BN or here and hand over their admin privileges - however it would seem that Winhunter has decided to try the old trick of 'Hide until the heat dies down' and has been inactive for 12 days and counting, their last edit being a thinly veiled attempt to hold on to power. Since then, the community has made a strong recommendation for desysopping Winhunter. As this is the only venue available for this to occur, I am bringing this here on behalf of the broader community.

I also notice that it took Winhunter two RfA's to initially gain the Admin status, with the success being almost 11 years ago - and the first RfA raising significant behavioural concerns which have obviously resurfaced.

I understand you've already recieved an email to review the ANI discussion, and you would know that this case was coming eventually - I feel that having this in an "Open courtroom" will, according to how I interpret the community's wishes on this matter, send a strong message that admins who abuse their power and/or fail to meet policy and community standards will face consequences.

P.S. If you're noticing a pattern in my arbcom submission titles, there's probably a good reason behind it.

@Mkdw: - I would like to refer you to Winhunter's contributions leading up to and shortly after the block showing a hell of a lot more than one revert. Twitbookspacetube 00:33, 23 August 2017 (UTC)[reply]


Statement by party 2

Please limit your statement to 500 words.

Preliminary decision

Clerk notes

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


Arbitrators' opinions on hearing this matter (1/1/0)

(case opened by motion, passed as 9/0/0)

Vote key: (Accept/decline/recuse)

Winhunter: Motion

The "Winhunter" request for arbitration is accepted, but a formal case will not be opened unless and until Winhunter returns to active status as an administrator. If Winhunter resigns his administrative tools or is desysopped for inactivity the case will be closed with no further action. Winhunter is instructed not to use his admin tools in any way while the case is pending; doing so will be grounds for summary desysopping.

For this motion there are 13 active arbitrators. With 0 arbitrators abstaining, 7 support or oppose votes are a majority.

Support
  1. I think this case would struggle without the participation of both the original filer (who has been indefinitely community banned) and the immediate named party (who has been unreachable). Claims of administrative [misconduct] should be investigated. To reconcile these two aspects, I support the motion that accepts the case but puts in place a safeguard to ensure the well-being of the community, in the interim. Consideration for this motion includes the fact that they may continue editing with minimal impact, as their administrative presence previously had been quite low. Mkdw talk 17:57, 29 August 2017 (UTC)[reply]
    I've added WP:CLOUD to the word resigns, as doing so at this point in time would be under a cloud. Mkdw talk 18:59, 29 August 2017 (UTC)[reply]
  2. Support. I'm not willing to hold a case where the single subject of the case is not active onwiki. GorillaWarfare (talk) 18:20, 29 August 2017 (UTC)[reply]
  3. Support. Only practical course at this time. DGG ( talk ) 19:56, 29 August 2017 (UTC)[reply]
  4. Support. Cas Liber (talk · contribs) 20:38, 29 August 2017 (UTC)[reply]
  5. kelapstick(bainuu) 06:46, 31 August 2017 (UTC)[reply]
  6. Sorry for being slow on this one. I can live with this, but it's a distant second choice to just declining the case outright as a big buffet of troll food. The case, filed by a troll, originates from Winhunter's being successfully trolled by a different long-term nuisance who has made it their business to bait vandal-fighters and admins into making exactly the mistake Winhunter did. Hammering him for the crime of indifference to ANI - an entirely understandable state of mind - when the underlying conduct is neither unique nor particularly bad in the scheme of things seems disproportionate. Of course it would be much better if vandal-fighters stopped reverting and admins stopped blocking when IPs make arguably correct edits in an aggressive way, but that particular community pathology isn't Winhunter's fault. Opabinia regalis (talk) 07:02, 31 August 2017 (UTC)[reply]
  7. Kirill Lokshin (talk) 00:50, 1 September 2017 (UTC)[reply]
  8. Per Opabinia. Ks0stm (TCGE) 00:29, 3 September 2017 (UTC)[reply]
  9. Support per Mkdw and Opabinia. Callanecc (talkcontribslogs) 06:08, 3 September 2017 (UTC)[reply]
Oppose
Abstain/Recuse
Comments
@Mkdw: I don't understand what these comments about Arthur Rubin have to do with this case, about Winhunter. Did you by chance put them at the bottom of the wrong case request? (Which would be a perfectly understandable mistake.) Or are you making a point about the Winhunter case by comparing it to the Arthur Rubin case? -- in which case I don't really understand the point you're making. Beyond My Ken (talk) 04:22, 30 August 2017 (UTC)[reply]
Sorry everyone. I meant Winhunter. I've been reviewing Arthur Rubin pages all evening so it was at the tip of my fingers. Winhunter has been absent from these proceedings (and not Arthur Rubin in their respective case). Essentially, I'm pointing out that a major factor in the Winhunter request has been procedure, specifically adherence to administrative procedure regarding blocking and ADMINACCT. The substance of complaints about a lack of procedure becomes diminished when now calls are being made to forego procedure in the very process used to investigate administrative misconduct. My second point was that unsubstantiated speculation about Winhunter's absence cannot and should not be used to determine a means of recourse against them. Mkdw talk 04:43, 30 August 2017 (UTC)[reply]
Thanks for the explanation. Beyond My Ken (talk) 05:23, 30 August 2017 (UTC)[reply]
Maybe some comments from other Arbitrators would be helpful. Winhunter's editing history goes back to 2013 in reviewing the last 100 edits. There's more to support that this absence is a standard gap, and not a deviation, than it does to support the speculation that they have ArbCom flu. ArbCom flu definitely exists. It's noticeable when there's a clear behavioural deviation and much more difficult to assess if both routine inactive and ArbCom flu are happening. It's been one month since the incident; one week since the case was opened; relatively speaking, not much time has elapsed. I have not been as concerned about having to review the case later on because the incident was not very complex and fairly isolated (meaning not having a lengthy drawn out history to parse). The quality of the statements in this case request are thorough and easy to quickly review. I wouldn't expect a case, even opened now, to reveal any new critical information. I'm certainly open to hearing more opinions from the community and my fellow arbitrators alike. Mkdw talk 20:06, 30 August 2017 (UTC)[reply]
That's fair. I think one of the larger concerns I have is that they make an edit in 10 months to put off desysoping for inactivity as their history does show, the case "reopens" they disappear, there is more drama about whether or not the case should proceed, and we end up with a repeat of this exact conversation when they return to their pattern of not editing. Time limiting this case saves time both for the community and the committee. I probably won't comment further on this, but did want to raise the point as a community member that normally stays away from ArbCom related matters that the alternate option raised by Ivanvector seems like the most commonsense way forward. TonyBallioni (talk) 20:17, 30 August 2017 (UTC)[reply]

Winhunter: Final Motion

Because Winhunter has been desysopped for inactivity, this case is closed pursuant to the previously adopted motion. Because the automatic desysopping occurred while Winhunter was the subject of a pending arbitration case, he may regain administrator status only by passing a new request for adminship.

For this motion there are 12 active arbitrators. With 0 arbitrators abstaining, 7 support or oppose votes are a majority.

Enacted --Cameron11598 (Talk) 22:06, 6 September 2018 (UTC)[reply]
Support
  1. Proposed. Although the motion may not be strictly necessary, it is intended to eliminate any questions as to the status of Winhunter's adminship, as several people suggested on the bureaucrats' noticeboard. The outcome may be unfortunate, as an outcome short of desysopping might have been reached if Winhunter had remained active and participated in the case, but at this point I see no alternative. Newyorkbrad (talk) 22:57, 4 September 2018 (UTC)[reply]
  2. Katietalk 23:16, 4 September 2018 (UTC)[reply]
  3. PMC(talk) 23:43, 4 September 2018 (UTC)[reply]
  4. Agree with the comments by Newyorkbrad. -- Euryalus (talk) 23:56, 4 September 2018 (UTC)[reply]
  5. Mkdw talk 00:13, 5 September 2018 (UTC)[reply]
  6. Doug Weller talk 04:39, 5 September 2018 (UTC)[reply]
  7. With a note that I would greatly prefer a wider motion that addresses the recent inability of bureaucrats to make an independent determination of a cloud. ~ Rob13Talk 05:02, 5 September 2018 (UTC)[reply]
  8. Per NYB. Opabinia regalis (talk) 05:44, 5 September 2018 (UTC)[reply]
  9. WormTT(talk) 06:23, 6 September 2018 (UTC)[reply]
  10. RickinBaltimore (talk) 16:09, 6 September 2018 (UTC)[reply]
  11. Callanecc (per mailing list) Katietalk 20:47, 6 September 2018 (UTC)[reply]
Oppose
Abstain/Recuse
Arbitrator comments
Community comments

Temporary injunction (none)

Final decision (none yet)

All tallies are based the votes at /Proposed decision, where comments and discussion from the voting phase is also available.

Principles

Findings of fact

Remedies

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

Enforcement

Enforcement of restrictions

0) Should any user subject to a restriction in this case violate that restriction, that user may be blocked, initially for up to one month, and then with blocks increasing in duration to a maximum of one year.

In accordance with the procedure for the standard enforcement provision adopted 3 May 2014, this provision did not require a vote.

Appeals and modifications

0) Appeals and modifications

This procedure applies to appeals related to, and modifications of, actions taken by administrators to enforce the Committee's remedies. It does not apply to appeals related to the remedies directly enacted by the Committee.

Appeals by sanctioned editors

Appeals may be made only by the editor under sanction and only for a currently active sanction. Requests for modification of page restrictions may be made by any editor. The process has three possible stages (see "Important notes" below). The editor may:

  1. ask the enforcing administrator to reconsider their original decision;
  2. request review at the arbitration enforcement noticeboard ("AE") or at the administrators’ noticeboard ("AN"); and
  3. submit a request for amendment at "ARCA". If the editor is blocked, the appeal may be made by email through Special:EmailUser/Arbitration Committee (or, if email access is revoked, to arbcom-en@wikimedia.org).
Modifications by administrators

No administrator may modify or remove a sanction placed by another administrator without:

  1. the explicit prior affirmative consent of the enforcing administrator; or
  2. prior affirmative agreement for the modification at (a) AE or (b) AN or (c) ARCA (see "Important notes" below).

Administrators modifying sanctions out of process may at the discretion of the committee be desysopped.

Nothing in this section prevents an administrator from replacing an existing sanction issued by another administrator with a new sanction if fresh misconduct has taken place after the existing sanction was applied.

Administrators are free to modify sanctions placed by former administrators – that is, editors who do not have the administrator permission enabled (due to a temporary or permanent relinquishment or desysop) – without regard to the requirements of this section. If an administrator modifies a sanction placed by a former administrator, the administrator who made the modification becomes the "enforcing administrator". If a former administrator regains the tools, the provisions of this section again apply to their unmodified enforcement actions.

Important notes:

  1. For a request to succeed, either
(i) the clear and substantial consensus of (a) uninvolved administrators at AE or (b) uninvolved editors at AN or
(ii) a passing motion of arbitrators at ARCA
is required. If consensus at AE or AN is unclear, the status quo prevails.
  1. While asking the enforcing administrator and seeking reviews at AN or AE are not mandatory prior to seeking a decision from the committee, once the committee has reviewed a request, further substantive review at any forum is barred. The sole exception is editors under an active sanction who may still request an easing or removal of the sanction on the grounds that said sanction is no longer needed, but such requests may only be made once every six months, or whatever longer period the committee may specify.
  2. These provisions apply only to contentious topics placed by administrators and to blocks placed by administrators to enforce arbitration case decisions. They do not apply to sanctions directly authorised by the committee, and enacted either by arbitrators or by arbitration clerks, or to special functionary blocks of whatever nature.
  3. All actions designated as arbitration enforcement actions, including those alleged to be out of process or against existing policy, must first be appealed following arbitration enforcement procedures to establish if such enforcement is inappropriate before the action may be reversed or formally discussed at another venue.
In accordance with the procedure for the standard appeals and modifications provision adopted 3 May 2014, this provision did not require a vote.

Enforcement log

Any block, restriction, ban, or sanction performed under the authorisation of a remedy for this case must be logged at Wikipedia:Arbitration enforcement log, not here.