• Arbitrations
• a20100307.1

• Case Number: a20100307.1
• Status: running
• Claimants: Martin S
• Respondents: CAcert

• Case Manager: AlexanderPrinsier

• Arbitrator: UlrichSchroeter

• Date of arbitration start: 2010-11-03
• Date of ruling: 201Y-MM-DD
• Case closed: 201Y-MM-DD
• Complaint: Account removal

please delete my account.

• Relief: TBD

Before: Arbitrator UlrichSchroeter (A), Respondent: CAcert (R), Claimant: Martin S (C), Case: a20100307.1

• A note from Arbitrator of case a20100207.2 ruling to the Arbitrator of case a20100307.1:

  • please to review the CAP forms from (C) of case a20100307.1 before sealing if received for one Assurance relating to Arbitration case a20100207.2 or revoke the Assurance over (C) of case a20100207.2 if CAP forms aren't received from Assurer in question. Please contact Arbitrator of case a20100207.2 for further details.

History Log

• 2010-03-07 (issue.c.o) case [s20100307.122]

• 2010-03-08 (UlrichSchroeter): added to wiki, request for CM / A

• 2010-08-19 (UlrichSchroeter): note from (A) to (A) about relation to case a20100207.2 added

• 2010-11-03 (CM): I'll take care about this case
• 2010-11-03 (A): I'll take care about this case
• 2010-11-03 (A): sent Init notification, Intermediate Ruling, Request of CAP forms to (C)
• 2010-11-03 (A): request list of Assurances given by (C) from (Support)
• 2010-11-03 (A): rcvd list of assurances given by (C) from (Support) [s20101103.183]
• 2010-11-03 (A): contacted (C) by phone, with request to schedule a meeting for handover of (C)'s CAP forms. A meeting at 2010-11-05 did not happen.
• 2010-11-15 (A): intermediate ruling #2

• 2010-11-26 (A): contacting Arbitration case liason MartinGummi if he received any contact request from (C)

• 2010-11-30 (MartinGummi): hasn't been contacted by (C)

• 2011-01-14 (A): reminder and advice sent to (C)
• 2011-01-29 (A): reminder #2 to send in (C)'s CAP forms to (A)
• 2011-02-13 (A): reminder #3 to send in (C)'s CAP forms to (A)
• 2011-02-13 (A): had Support IMAP mailbox passed a pwd reset, as (C) was former SE. Question and order to (Support) to reset pwd of Support inbox if not yet done
• 2011-02-13 (Support): [s20110213.31] last pwd change did happen after (C) leaves (Support)

• 2011-02-21 (A): case a20100131.1 closed

• 2011-03-07 (A): reminder #4 to send in (C)'s CAP forms to (A)
• 2011-03-23 (A): reminder #5 to send in (C)'s CAP forms to (A)
• 2011-03-23 (A): phonecall to (C) - (C) sets on-hook after first 2 sentences

• 2011-04-04 (A): request to MartinGummi -> (AS1) for assistance, if he is able to visit (C) to collect the requested CAP forms ?

• 2011-04-11 (A): reminder request to (AS1)
• 2011-04-11 (AS1): will pickup the task
• 2011-05-01 (A): requesting infos from a lawyer, how to proceed in such a case

Original Dispute, Discovery (Private Part)

• Link to Arbitration case a20100307.1 (Private Part)

EOT Private Part

Discovery

• Relation into other Arbitration cases !!!

Intermediate Ruling

• In role as Support Engineer, (C) deleted several accounts without the authorisation of an Arbitrator. This is a violation of procedures.
• As of these unauthorized activities, (C) becames an active Arbitration case participient on these other cases as this probably may effect the WoT
• As by DRP 2.2 Preliminaries
  • Participating Users may not resign until the completion of the case.
• The list of open/running cases needs to be collected.
• CCA termination cannot be before the last case in question is closed (despite the result of other CCA termination calculations)
• As to my knowledge (C) was an active assurer, (C) has to handout all CAP forms in an envelop to (A) of this case.

Frankfurt/Main 2010-11-03

Intermediate Ruling #2

Martin S, please schedule a meeting with Martin G <email anonymized> as a liason into this Arbitration case for receiving your collected CAP forms as a proxy for a handout of the CAP forms. Please seal the CAP forms into an envelop, labeled with this Arbitration case number, so you can handover the envelop to Martin G. Martin G to handover at one of the next event schedules to me. As an alternate you can ask me for a postal address to send the CAP forms in by replying to this email.

The CCA agreement has been established between you, Martin S and CAcert Inc. at least by the Arbitrated Background Check a20091215.1. The CCA agreement has not yet been terminated, so is still in effect, so therefor you also to obliged to "You are responsible for keeping your email account in good working order and able to receive emails from CAcert."

By not following this order until December 15, 2010 by unresponsiveness I hereby order an administrative penalty over Martin S <email anonymized> of 15 Euro following

• CCA 2.1 (3), 2.2 (1), 2.2 (2), 2.2 (3), 2.3 (1), 3.2, 3.3, 3.5 [1]
• DRP 2.1, 2.3, 3.3 [2]

payable to CAcert Inc. if the deadline of December 15, 2010 passes without any response from Martin S.

To get the communications intact please add the arbitration case number and CC all communications to (A) and (CM) in this case.

Frankfurt/Main, 2010-11-15

• [1] http://www.cacert.org/policy/CAcertCommunityAgreement.php

• [2] http://www.cacert.org/policy/DisputeResolutionPolicy.php

Discovery

• List of cases from Arbitration team meeting 2010-02-17

  • a20100128.1, a20100131.1, a20091119.1, a20100210.2, a20100108.1, a20090703.2
• Known Arbitration cases with (C)'s relations

  • Arbitration case	State	Arbitrator	Delete Account Cases
    a20091119.1	{g} closed	BernhardFröhlich	{g}
    a20100108.1	{g} closed	BernhardFröhlich	{g}
    a20100131.1	{g} closed	UlrichSchroeter	{g}
    a20090703.2	{g} closed	MarioLipinski	{g}
    a20100128.1	{g} closed	BernhardFröhlich
    a20100210.2	{g} closed	UlrichSchroeter

• 2011-02-13 (A): had Support IMAP mailbox passed a pwd reset, as (C) was former SE. Question and order to (Support) to reset pwd of Support inbox if not yet done
  • Today, an interesting question araised, if (C) knows the "old" Support Inbox password or not. I've received a notification from former SE t/l, that OTRS access had been disabled. But cannot remmeber, if acccess to Support Imap inbox had also been disabled by reseting the imap password.
  • Question answered: Fixed about April 2010

Ruling

Execution

Similiar Cases

see also: Arbitrations Training Lesson 20 - Arbitration Case - Delete Account Request

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• CategoryArbCaseAccountDelAssurer