Hello,

I don't believe I stated it had a remit under the law - indeed, I'm pretty
confident I did not.

Almost none of our bodies have legal personae, so that would have been an
odd thing for me to say, so I'm somewhat confused on why you indicate I
did.

But we are a project that is built on our internally agreed
responsibilities and relations - which includes our remits (the BOT, to the
degree that even it has a legal remit, is fairly narrow). As an example,
the UCOC drafting committee has a very clear remit, but not one that's
enshrined in law.

p.s. Mea culpa on forgetting to change the title - didn't want to change
this one *now* as I don't know if that would split the thread. Happy for
someone to change to an appropriate title.

*Richard (Nosebagbear)*

Unless otherwise stated within this email, any Movement Charter viewpoints
expressed represent my own position(s), and *not* the aggregate judgement
of the MCDC.


On Mon, 13 Dec 2021 at 11:57, <[email protected]>
wrote:

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>    1. Re: Wikimedia-l Digest, Vol 348, Issue 3 (Gerard Meijssen)
>
>
> ----------------------------------------------------------------------
>
> Message: 1
> Date: Mon, 13 Dec 2021 12:56:51 +0100
> From: Gerard Meijssen <[email protected]>
> Subject: [Wikimedia-l] Re: Wikimedia-l Digest, Vol 348, Issue 3
> To: Wikimedia Mailing List <[email protected]>
> Message-ID:
>         <CAO53wxVEwnU=
> [email protected]>
> Content-Type: multipart/alternative;
>         boundary="00000000000056b3ac05d305c5c3"
>
> Hoi,
> Why is it that you consider the "community" a single body that has a remit
> under the law for anything? It is not and it has not.
> Thanks,
>       GerardM
>
> On Mon, 13 Dec 2021 at 11:40, Nosebagbear <[email protected]> wrote:
>
> > Dear Patrick,
> >
> > Firstly, you (and in this case, I mean, "I notified members of T&S
> policy,
> > directly, in discussions where they were involved, as did others" all the
> > way back in phase 1) were made aware of the community need for
> ratification
> > far before the ArbCom letter.
> >
> > Which of these is the case: that the WMF only notified the Board of a
> need
> > for actual community ratification when the Arbcom open letter was made,
> or
> > that the Board declined to consider it as a need prior to that point?
> >
> > Secondly, why does the Board feel that they should be "consider[ing] the
> > input received so far on what would make a fair and practical process." -
> > there are only two bodies with a reasonable remit to be specifying the
> > nature of any ratification method. In the weaker position is the UCOC
> > drafting committee, and in the first place, the Community as a whole,
> > probably by a meta-RfC. Please provide the reasoning for this process.
> >
> > *Richard (Nosebagbear)*
> >
> > Unless otherwise stated within this email, any Movement Charter
> viewpoints
> > expressed represent my own position(s), and *not* the aggregate judgement
> > of the MCDC.
> >
> >
> > On Mon, 6 Dec 2021 at 21:13, <[email protected]>
> > wrote:
> >
> >> Send Wikimedia-l mailing list submissions to
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> >>
> >>
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> >>
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> >> than "Re: Contents of Wikimedia-l digest..."
> >>
> >> Today's Topics:
> >>
> >>    1. Re: [Marketing Mail] Re: Closing the comment period for the
> >> Universal Code of Conduct Enforcement Draft Guidelines and next step
> >>       (Andreas Kolbe)
> >>
> >>
> >> ----------------------------------------------------------------------
> >>
> >> Message: 1
> >> Date: Mon, 6 Dec 2021 21:12:54 +0000
> >> From: Andreas Kolbe <[email protected]>
> >> Subject: [Wikimedia-l] Re: [Marketing Mail] Re: Closing the comment
> >>         period for the Universal Code of Conduct Enforcement Draft
> >> Guidelines
> >>         and next step
> >> To: Patrick Earley <[email protected]>
> >> Cc: Wikimedia Mailing List <[email protected]>
> >> Message-ID:
> >>         <
> >> cahrttw9h69ewso1v3m6hzgn4emuglb0gvx9bkd+q0hi6t_f...@mail.gmail.com>
> >> Content-Type: multipart/alternative;
> >>         boundary="00000000000055427605d280b9bb"
> >>
> >> Hi Patrick,
> >>
> >> Thank you for your clarification. So if I understand correctly, there
> will
> >> be no UCoC policy text review before sometime in 2023.
> >>
> >> As this is quite a long time away, would it be possible to provide some
> >> answers to the questions I asked earlier?
> >>
> >>
> >>
> https://lists.wikimedia.org/hyperkitty/list/[email protected]/message/H4FGTRCTKKCLJXFQVWFOCHMZCOFE2KBM/
> >>
> >> For example: According to the Universal Code of Conduct, are
> >> Wikipedians/Wikimedians allowed –
> >>
> >> – To blog about what happens on Wikipedia?
> >>
> >> – To discuss edits traceable to, say, the Russian or US government on-
> and
> >> off-wiki, without the permission of the people making these edits?
> >>
> >> – To discuss cases of individuals engaging in revenge editing or
> >> subverting
> >> Wikipedia for commercial or criminal ends (recall the recent Christian
> >> Rosa
> >> case), or to help the press with related enquiries (recall e.g.
> >>
> >>
> https://www.dailydot.com/irl/wikipedia-sockpuppet-investigation-largest-network-history-wiki-pr/
> >> and the input made by User:Doctree to that article)?
> >>
> >> – To notify the authorities when they believe a crime has been committed
> >> or
> >> is about to be committed?
> >>
> >> Or should all of these actions categorically be considered harassment of
> >> fellow contributors, and the contributors engaging in these actions be
> >> subject to blocks and bans?
> >>
> >> I think it is important for people to understand the Code's intent
> >> correctly.
> >>
> >> Best,
> >> Andreas
> >>
> >> On Mon, Dec 6, 2021 at 6:42 PM Patrick Earley <[email protected]>
> >> wrote:
> >>
> >> > Hi Andreas,
> >> >
> >> > The review of the policy text is planned one year after the close and
> >> the
> >> > ratification of the enforcement outlines, which are still being
> revised
> >> by
> >> > the Drafting Committee.  Detailed information of the policy text
> review
> >> > will be communicated soon, as the revised guidelines are published for
> >> > comment and ratification.  The review will likely follow established
> >> policy
> >> > update formats, such as those used for the Terms of Use. [1]
> >> >
> >> > Patrick
> >> >
> >> > [1]
> >> >
> >>
> https://meta.wikimedia.org/wiki/Terms_of_use/Paid_contributions_amendment
> >> >
> >> > On Thu, Dec 2, 2021 at 11:10 AM Andreas Kolbe <[email protected]>
> >> wrote:
> >> >
> >> >> Hi Patrick,
> >> >>
> >> >> Thanks. You say,
> >> >>
> >> >>
> >> >> *The policy was ratified by the Board last February.[1] That said, a
> >> >> policy must be adapted over time as it is put into practice and
> >> >> complications arise.  The main text of the UCoC must be adaptable,
> and
> >> >> there will be a full review and update of the text one year after the
> >> close
> >> >> and ratification of the current phase, which is looking at
> enforcement
> >> >> pathways.[2] We fully expect refinements at that time.*
> >> >>
> >> >> If the policy was ratified last February, and "there will be a full
> >> >> review and update of the text one year after the close and
> >> ratification",
> >> >> does that mean there will be some sort of review of the policy text
> in
> >> >> February 2022?
> >> >>
> >> >> Or did you mean something else? And where will that review take
> place?
> >> >>
> >> >> Thanking you in advance for your clarification.
> >> >>
> >> >> Best,
> >> >> Andreas
> >> >>
> >> >>
> >> >> On Mon, Nov 29, 2021 at 6:05 PM Patrick Earley <
> [email protected]>
> >> >> wrote:
> >> >>
> >> >>> Hello, all.
> >> >>>
> >> >>> In reply to these questions and a few received via direct email:
> >> >>>
> >> >>> Questions about the content of the Universal Code of Conduct policy
> >> >>> itself are very legitimate, but unrelated to the current process
> under
> >> >>> review with the Board. The policy was ratified by the Board last
> >> >>> February.[1] That said, a policy must be adapted over time as it is
> >> put
> >> >>> into practice and complications arise.  The main text of the UCoC
> >> must be
> >> >>> adaptable, and there will be a full review and update of the text
> one
> >> year
> >> >>> after the close and ratification of the current phase, which is
> >> looking at
> >> >>> enforcement pathways.[2] We fully expect refinements at that time.
> >> Figuring
> >> >>> out how to manage some areas of policy is challenging. Doxxing is a
> >> very
> >> >>> difficult area to form policy around, and I know the Drafting
> >> Committee
> >> >>> from Phase 1 worked hard to reflect best practices around the
> >> movement in
> >> >>> this area.
> >> >>>
> >> >>> To clarify, Nosebagbear: Youngjin was reminding folks to get their
> >> last
> >> >>> thoughts in for the current work the Drafting Committee is doing on
> >> >>> revising the text.  It wasn’t meant to imply that there will be no
> >> more
> >> >>> discussion on the Guidelines before a ratification process takes
> >> place. The
> >> >>> revisions to the draft Guidelines will be published on Meta for
> >> comment and
> >> >>> discussion as soon as the committee feels they have incorporated the
> >> input
> >> >>> received over the last few months. This message was just meant as a
> >> >>> reminder to anyone who might not have been aware of the draft
> review.
> >> >>>
> >> >>> In terms of what we’re reviewing with the Board, it is a process for
> >> >>> ratification in response to a request from the global arbitration
> >> >>> committees. They are not being asked to ratify the Enforcement
> >> Guidelines
> >> >>> at this time. As to how and when ratification of the guidelines will
> >> take
> >> >>> place, thoughts and opinions from the Drafting Committee, community
> >> members
> >> >>> and functionaries, and the Board of Trustees will inform the
> details.
> >> >>> We’ll communicate a full ratification plan after the Board meets in
> >> >>> mid-December and considers the input received so far on what would
> >> make a
> >> >>> fair and practical process.
> >> >>>
> >> >>> Patrick
> >> >>>
> >> >>> [1]
> >> >>>
> >>
> https://www.mail-archive.com/[email protected]/msg35984.html
> >> >>>
> >> >>> [2]
> >> >>>
> >>
> https://meta.wikimedia.org/wiki/Universal_Code_of_Conduct/FAQ#Periodic_reviews
> >> >>>
> >> >>>
> >> >>> On Sat, Nov 27, 2021 at 11:37 PM Peter Southwood <
> >> >>> [email protected]> wrote:
> >> >>>
> >> >>>> Fair comment.
> >> >>>> P
> >> >>>>
> >> >>>> -----Original Message-----
> >> >>>> From: [email protected] [mailto:[email protected]]
> >> >>>> Sent: 27 November 2021 13:04
> >> >>>> To: [email protected]
> >> >>>> Subject: [Marketing Mail] [Wikimedia-l] Re: Closing the comment
> >> period
> >> >>>> for
> >> >>>> the Universal Code of Conduct Enforcement Draft Guidelines and next
> >> step
> >> >>>>
> >> >>>> Hello,
> >> >>>>
> >> >>>> I would make a couple of notes here:
> >> >>>>
> >> >>>> One is that when you say "comment period will end", that can't be
> of
> >> the
> >> >>>> process.
> >> >>>>
> >> >>>> There are numerous open questions that we have yet to see any draft
> >> >>>> policy
> >> >>>> text on - they can't go into the final document without chance for
> >> open
> >> >>>> review and further revision.
> >> >>>>
> >> >>>> While I've heard bits about how they will be discussed, we've seen
> >> >>>> nothing
> >> >>>> formal and nothing in writing.
> >> >>>>
> >> >>>> Please let me know BEFORE the 29th how that will be handled to the
> >> >>>> community's expectations. As the inherently most controversial bits
> >> >>>> (that's
> >> >>>> why they were open questions!) the actual next needs MORE time to
> >> review
> >> >>>> than the aspects already there, not less.
> >> >>>>
> >> >>>> Yours,
> >> >>>>
> >> >>>> Nosebagbear
> >> >>>> _______________________________________________
> >> >>>> Wikimedia-l mailing list -- [email protected],
> >> >>>> guidelines at:
> >> >>>> https://meta.wikimedia.org/wiki/Mailing_lists/Guidelines and
> >> >>>> https://meta.wikimedia.org/wiki/Wikimedia-l
> >> >>>> Public archives at
> >> >>>>
> >> >>>>
> >>
> https://lists.wikimedia.org/hyperkitty/list/[email protected]/
> >> >>>> message/GD5CSLNTF7XBCQVCEZT7CGD7XHQ2PRIQ/
> >> >>>> <
> >>
> https://lists.wikimedia.org/hyperkitty/list/[email protected]/message/GD5CSLNTF7XBCQVCEZT7CGD7XHQ2PRIQ/
> >> >
> >> >>>> To unsubscribe send an email to
> >> [email protected]
> >> >>>>
> >> >>>> --
> >> >>>> This email has been checked for viruses by AVG.
> >> >>>> https://www.avg.com
> >> >>>>
> >> >>>> _______________________________________________
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> >> >>>>
> >> >>>
> >> >>>
> >> >>> --
> >> >>> Patrick Earley
> >> >>> Lead Trust & Safety Policy Manager
> >> >>> Wikimedia Foundation
> >> >>> [email protected]
> >> >>>
> >> >>> _______________________________________________
> >> >>> Wikimedia-l mailing list -- [email protected],
> >> guidelines
> >> >>> at: https://meta.wikimedia.org/wiki/Mailing_lists/Guidelines and
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> >> >>>
> >>
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> >> >>> To unsubscribe send an email to
> [email protected]
> >> >>
> >> >>
> >> >
> >> > --
> >> > Patrick Earley
> >> > Lead Trust & Safety Policy Manager
> >> > Wikimedia Foundation
> >> > [email protected]
> >> >
> >> >
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