* Case Number: a20110108.1 * Status: running * Claimants: * Respondents: CAcert * Initial Case Manager: UlrichSchroeter * Case Manager: MartinGummi * Arbitrator: UlrichSchroeter * Date of arbitration start: 2011-01-17 * Date of ruling: 201Y-MM-DD * Case closed: 201Y-MM-DD * Complaint: delete account request * Relief: TBD Before: Arbitrator UlrichSchroeter (A), Respondent: CAcert (R), Claimant: (C), Case: a20110108.1 == History Log == . 2011-01-08 (issue.c.o) case [s20110108.29] . 2011-01-10 (iCM): added to wiki, request for CM / A . 2011-01-16 (CM): I'll take care about this case as (CM) . 2011-01-16 (A): I'll take care about this case as (A) . 2011-01-16 (A): init notification sent to (C) w/ deadline of 14 days set . 2011-01-16 (A): request to (Support) for infos on Assurances Rcvd, Assurances Given of (C)'s account . 2011-01-16 (C): asks for German communication . 2011-01-17 (A): German translation of init notification sent to (C) w/ deadline of 14 days set . 2011-01-17 (C): confirms delete account request . 2011-01-19 (Support): [s20110116.28] exec report for request dated 2011-01-16 . 2011-01-19 (A): requesting infos about [[comma/Arsenal/CAcertAssurer/Organizations/ProspectiveAssurersList|OA under supervision]] from potential OA Assurers . 2011-01-29 (A): sent reminder #1 to Organisation Assurers to provide me with informations regarding [[comma/Arsenal/CAcertAssurer/Organizations/ProspectiveAssurersList|OA under supervision]] and relations onto the running Delete my Account request . 2011-01-29 (OA-ML): responded, answered OA questions . 2011-01-29 (A): question to (C): a) how many OA under supervisions b) who are the OA supervisors . 2011-01-29 (C): infos about OA under supervision . 2011-01-29 (A): one OA supervised by (OA-ML) and one OA supervised by (OA-SK), is this correct ? Do you accept receiving the COAP ? Questions send to (OA-ML) and (OA-SK) . 2011-01-29 (OA-ML): (OA-SK) supervised two OAs, one of these OrgAssurances entered by (OA-ML) into the system, (OA-ML) did no supervising OA over (C). Cannot receive/take care on the receiving paperwork about the next 12 months . 2011-01-30 (A): asking (C) of case [[Arbitrations/a20100313.1|a20100313.1]], if he adheres the case or withdraws the case, sent to (C) of [[Arbitrations/a20100313.1|a20100313.1]], (DRO), (CM) . 2011-01-30 (A): rcvd response from (C) of case [[Arbitrations/a20100313.1|a20100313.1]] . 2011-01-30 (DG): [a20110108.1] Note about CM being potentially biased . 2011-02-01 (A): interview with (CM) revealed no direct potental CoI's to this case . 2011-02-01 (OA-SK): did supervised one OA, accepts to receive OA paperwork . 2011-02-10 (A): forwarded response from (C) of case [[Arbitrations/a20100313.1|a20100313.1]] to (iCM) of case [[Arbitrations/a20100313.1|a20100313.1]] . 2011-02-10 (A): offer to (C) to choose between 2 options, a) to keep the CAP- and COAP forms for 7 years, or b) to send in the CAP- and COAP forms. Added long explenations, added translation to DE . 2011-02-10 (C): does not have any OA paperwork . 2011-02-10 (A): to (OA-SK), (OA-ML): who has now the paperwork buildt under the 2 OA under supervision ? . 2011-02-10 (A): question regarding option a) or b) needs to be answered by (C) either way. Re-request to (C) . 2011-02-10 (C): is not comfortable with option a) neither option b) ... asks for alternates. Questions regarding dispositions of the COAP forms . 2011-02-10 (A): sending longer anwer with explainings to (C) regarding last question . 2011-02-11 (A): sent addtl. answer with link [[Arbitrations/Training/Lesson20/PointsRevocation|Why Revocation of Assurance Points is no option ?]] to (C) . 2011-02-11 (A): rcvd info from (iCM of case [[Arbitrations/a20100313.1|a20100313.1]]), case closed by withdrawal . 2011-02-14 (A): req to (OA-SK) regarding 2nd Org-Assurances under supervision, who was the 2nd Org ? . 2011-02-14 (A): req to (C) regarding 2nd Org-Assurances under supervision, who was the 2nd Org ? . 2011-02-14 (OA-ML): responded regarding Org #2 sent to (OA-SK), (CM), (A) . 2011-02-22 (A): reminder request to (OA-SK) regarding 2 COAP forms . 2011-03-07 (A): reminder #2 request to (OA-SK) regarding 2 COAP forms . 2011-03-14 (A): reminder #3 (phone call) request to (OA-SK) regarding 2 COAP forms, (OA-SK) will send info next day . 2011-03-15 (OA-SK): confirms 2 COAP forms from Org Assurance under supervision is in his possession . 2011-03-15 (A): renewal of request with offer to (C) to choose between 2 options, a) to keep the CAP forms for 7 years, or b) to send in the CAP forms. Added long explenations, added translation to DE, with deadline set to 14 days. . 2011-04-04 (A): request to (Dirk A) -> (AS1) if he is able to visit (C) to collect the requested CAP forms . 2011-04-10 (A): notification received from (AS1), Assurer and current Board member of CAcert Inc. that (C) attends [[http://pythoncamp.de/wannwo.html|pythoncamp]] . 2011-04-11 (A): intermediate ruling send to (C), (AS1) . 2011-04-11 (C): PoV, request to anonymize user data . 2011-04-12 (A): intermediate ruling #2 . 2011-04-12 (A): anonymize (C)'s data on running Arbitration case . 2011-04-12 (Support): forward of ticket from [[https://lists.cacert.org/wws/arc/cacert-support/2011-04/msg00043.html|support list 2011-04-12 17:23]] . 2011-04-13 (A): sending intermediate ruling #2 with clarifications, German translation, and request to transfer CAP forms by a couple of options to an appropiate CAcert agent . 2011-04-14 (C): confirmation rcpt, requests delayed answer . 2011-04-14 (A): delayed answer by (C) accepted, sending addtl. contact info to (C) . 2011-05-01 (A): requesting infos from a lawyer, how to proceed in such a case . 2012-08-25 (A): F2F meeting with (C) . 2014-05-11 (CM): asks A about progress in this case == Original Dispute, Discovery (Private Part) == * Arbitration case [[Arbitrations/priv/a20110108.1|a20110108.1 (Private Part)]] <> ==== EOT Private Part ==== == Discovery == * Topics that may effect WoT by 'Delete my Account' request || Open Arbitration case(s) || [[Arbitrations/a20100313.1|a20100313.1]] || check state on other case(s) || {+} closed || || Is Assurer || about 59 assurances given || request CAP forms from Assurer || {0} || || OA under supervision || {+} || request COAP forms from OA under supervision, 2 COAP forms in possession of (OA-SK) || {+} || * OA under supervision * OA under supervision has the paperwork ? * task: request COAP(s) and other paperwork from OA under supervision * OA under supervision has no paperwork * (OA-SK) confirms, 2 COAP forms in his possession * State: Solved {+} * Supervising OA entered the Org onto his OA account * task: no action to take * State: Nothing to do {+} * Other arbitration cases * If init state and user is (R) * task: ask (C) of other case, if he adheres or withdraws the case * If running state * task: wait till end of arbitration case with ruling * State: Case Closed {+} * Request for CAP forms * Assurer gots advised about 2 possible options a) take care upto 7 years, b) send-in CAP forms {+} * (C) requests for an option c). There is no option c) * State: Not solved {0} == Intermediate Ruling == I hereby order to (C), * to pack his CAP forms of 59 Assurances Given into an envelope * to seal the envelope * and mark the envelope with the arbitration case # a20110108.1 * to handover the envelope to the Assurer and current Board member of CAcert Inc (AS1) to (AS1), * to receive the envelope marked with the arbitration case # a20110108.1 from (C) * and deliver later the envelope to me the Arbitrator in this case at the next F2F meeting to the Arbitrator, * to follow the handling of the CAP forms in sealed envelope the similiar cases [[Arbitrations/a20080702.1|a20080702.1]], [[Arbitrations/a20090618.3|a20090618.3]] and [[Arbitrations/a20090328.1|a20090328.1]] to be ruled in detail in the final ruling * to move forward with the delete account request over (C) once the CAP forms received by the Arbitrator Frankfurt/Main, 2011-04-11 == Intermediate Ruling #2 == A request has been received by Claimant to (a) anonymize user data regarding this arbitration case and (b) to completely delete users account data. I hereby rule the following. In respect of (a), that user's name should be anonymized as requested by Claimant. Claimant's request to anonymize his user data does not influence the running process. In respect of (b), the request by Claimant to delete complete user account data cannot be complied with until CCA termination requirements by the Assurer (Claimant) are fulfilled. Claimant is still bound to the CAcert Community Agreement (CCA) http://www.cacert.org/policy/CAcertCommunityAgreement.php and Dispute Resolution Policy (DRP) http://www.cacert.org/policy/DisputeResolutionPolicy.php Intermediate ruling order #1 dated 2011-04-11 is still in effect. Frankfurt/Main, 2011-04-12 === Clarifications === Claimant has made claim against 2-5 unnamed members. These claims I cannot verify at the moment. This does not mean that the claims are false, rather that verification w/o further information (eg respondent names) is difficult, and verification is itself probably subject to another Arbitration case that needs to be filed as a separate dispute by the Claimant. Despite that, the information gives some background for Claimant's request to anonymize his user data and his request to delete his account data. Claimant's request includes 4 reliefs a. to delete completely the user account data b. to not further contact the claimant c. to not engage in discovery of (C)'s leisure activities d. to anonymize users data on the ticket (arbitration file) Relief d. has been accepted and executed. Relief a. and b. impacts the proper functioning of arbitration in a way that would materially stall the process. It is therefore denied. I have to remind (C) that his agreement with our binding CAcert Community Agreement also covers Termination and ask for patience in this process: {{{ CCA 3.3 Termination You may terminate this agreement by resigning from CAcert. You may do this at any time by writing to CAcert's online support forum and filing dispute to resign. All services will be terminated, and your certificates will be revoked. However, some information will continue to be held for certificate processing purposes. The provisions on Arbitration survive any termination by you by leaving CAcert. That is, even if you resign from CAcert, you are still bound by the DRP (COD7), and the Arbitrator may reinstate any provision of this agreement or bind you to a ruling. Only the Arbitrator may terminate this agreement with you. }}} Claimant accepted CCA/DRP under this arbitration. See notes at A. Explanation. In the discovery process of the running arbitration case, it has been revealed, that Claimant Is an Assurer and has made 59 Assurances. When an Assurer leaves CAcert, this renders damage to the WoT. So therefore CCA 3.3 Termination has to go through Arbitration, reviewed by an Arbitrator, in order to deal with the damage to the WoT in a satisfactory way. In this process, the Arbitrator has to weigh the Claimant's interests and also the interests of the WoT. This cannot be denied by the Claimant. One of the obligations of the Assurer is to keep the CAP forms for 7 years, to respond to Arbitrator requests regarding a completed Assurance, and to deliver evidence in an Arbitration process. {{{ AP 7. Privacy -> The Member's information can be accessed under these circumstances: * Under Arbitrator ruling, in a duly filed dispute (Dispute Resolution Policy => COD7); }}} Therefore, once the CAP forms are received by CAcert, Claimants request on relief a. and b. can be complied, but not before. Relief a. matches the dispute filing under this Arbitration, and Relief b. cannot be fulfilled until the running arbitration case is closed: {{{ CCA 3.5 Communication Arbitration is generally conducted by email. }}} Further explanation. Claimants request to revoke all his completed assurances is not an option, as this leaves an unacceptable amount of member accounts in an undefined state (losing Assurers status, losing assured status, thus has further influences on issued certificates (2 year vs. 1/2 year expiry date)). By unacceptable I mean any amount in excess of 5 effected user accounts which needs manual repair of the users account state. Discovery in the running arbitration case revealed an amount of greater than 40 user accounts ´that are effected in case of a complete revocation of all assurances given by Claimant. Therefore, Claimant received a process plan dated 2011-02-10 with 2 options: a) to keep the CAP forms for 7 years and respond on further dispute filing cases on Arbitrator requests, or b) to transfer his collected CAP forms to the Arbitrator of the running case, in order to handle requests of other Arbitrators on behalf of the Claimant. The latter option has the advantage that Claimant's obligation to keep his email account in good working order and respond on every single Arbitrators request is dropped. Further risks and liabilities of not responding onto Arbitrator requests are also decreased significantly. Claimants response can be summarized as "is not comfortable with option a) neither option b)." The last renewal of request with offer to Claimant to choose between 2 options, a) to keep the CAP forms for 7 years, or b) to send in the CAP forms by adding long explenations, added translation to DE, with deadline set to 14 days was dated 2011-03-15 w/o further response by Claimant. This I have to assess as a disrespect of Arbitrators authority under DRP 2.1 By denying the process plan options (2011-02-10) and ignoring the reminder request (2011-03-15) with deadline set, there is no way around to transfer the CAP forms back to CAcert as ruled under intermediate ruling #1. The only question that is still left open, how? Contact to Assurers who can help Therefore I've started investigating for Assurers who are able and can easily meet with the Claimant. This represents a new option, (c), for transfering his CAP forms and have them maintained within the CAcert community as they are intended to be. Relief c. (to not discover (C)'s leisure activities) arises out of the attempt by Arbitrator to find an Assurer to get in contact with the Claimant did not respond to Arbitrators request's and therefore breaches provisions under DRP 2.1 to send in the CAP forms as requested. It should be noted that the question to the Assurer was sent 2011-04-04: {{{ To the Assurer: Is it possible to you, to visit near St. Augustin to collect the requested CAP forms ? This is the first request only to get the info for a Yes or No ? (no order yet) }}} This is a legitimate way to prepare an offer for a face to face meeting between the Claimant and another Assurer to fulfill the Arbitration requirement to transfer the requested CAP forms to CAcert. It is admitted that it is my fault to not first contact you, to present the offer for a meeting with an Assurer to deliver the requested CAP forms to CAcert. For my apology I only can note that the expected prospective F2F meeting with a proposed Assurer potentialy is soon, and your unresponsiveness regarding the transfer of the requested CAP forms. The option to follow the request dated 2011-03-15 to send in the CAP forms to the given address is still open to you. Also, as an alternative, the option to meet another Assurer is still open to you. What is not open, is to not transfer the requested CAP forms to an appropriate agent of the CAcert community. In principle, your request to not involve leisure activities in this arbtiration is accepted as a generally reasonable request. However, given the uncooperativeness, this Arbitration will continue to seek alternative and novel ways to resolve the difficulties. Therefore relief is deferrred until you have accepted and acted on the request on deliver the requested CAP forms. Please consider one of these options at your earliest convenience so that we can wrap this up. Notes A The Claimant is bound to keep his email account in good working order until the running arbitration case is ruled and closed. To keep his email account in good working order means also, user is bound to receive and respond to Arbitrator requests (DRP 2.1). This general requirement is backed up by many provisions in policies and agreements, including: {{{ DRP 2.1 Authority The Board of CAcert and the Users vest in Arbitrators full authority to hear disputes and deliver rulings which are binding on CAcert and the Users DRP 2.3 Jurisdiction Jurisidiction - the right or power to hear and rule on disputes - is initially established by clauses in the User agreements for all CAcert Users. The agreement must establish: * That all Parties agree to binding Arbitration in CAcert's forum of dispute resolution; ... * as defined by these rules, including the selection of a single Arbitrator; * under the Law of NSW, Australia; and * the Parties keep email accounts in good working order. DRP 2.6 Process The Arbitrator follows the procedure: 1. Establish the facts. The Arbitrator collects the evidence from the parties. The Arbitrator may order CAcert or Users under jurisdiction to provide support or information. The Arbitrator may use email, phone or face-to-face meetings as proceedings. 2. Apply the Rules of Dispute Resolution, the policies of CAcert and the governing law. The Arbitrator may request that the parties submit their views. The Arbitrator also works to the mission of CAcert, the benefit of all Users, and the community as a whole. The Arbitrator may any assistance. 3. Makes a considered Ruling. DRP 3.3 (ruling) Binding and Final The Ruling is binding and final on CAcert and all Users. Ordinarily, all Users agree to be bound by this dispute resolution policy. Users must declare in the Preliminaries any default in agreement or binding. }}} [German Translation] Frankfurt/Main, 2011-04-13 == Ruling == == Execution == == Similiar Cases == || [[Arbitrations/a20080702.1|a20080702.1]] || [[Arbitrations/a20080702.1|User requests to delete account with Assurance Points]] || || [[Arbitrations/a20090618.3|a20090618.3]] || [[Arbitrations/a20090618.3|Assurer requests to delete account]] || || [[Arbitrations/a20090618.5|a20090618.5]] || [[Arbitrations/a20090618.5|User requests to delete account with no Assurance Points]] || || [[Arbitrations/a20090826.1|a20090826.1]] || [[Arbitrations/a20090826.1|User wants account deleted, no Assurance Points, no certificates]] || || [[Arbitrations/a20090926.1|a20090926.1]] || [[Arbitrations/a20090926.1|User wants account deleted, no Assurance Points, no certificates]] || see also: [[Arbitrations/Training/Lesson20|Arbitrations Training Lesson 20 - Arbitration Case - Delete Account Request]] ---- . CategoryArbitration . CategoryArbCaseAccountDelAssurer