Before: Arbitrator UlrichSchroeter (A), Respondent: Ian G (R), Board (R2), Claimant: Ian G (C), Case: a20120506.1

History Log

Original Dispute, Discovery (Private Part) (optional)

EOT Private Part

Intermediate Ruling #1

I rule this case to be under seal until further intermediate rulings, that will overrule this ruling, pending final ruling, pending review from the Committee of Management of CAcert Incorporated (the board), pursuant to the Dispute Resolution Policy after the conclusion of this case.

All Case Managers, Arbitrators, and Support Engineers, Board members, (and any other community members) are hereby ordered not to disclose infos regarding this case to any other party without authorization from myself as Arbitrator.

The claimant shall send a short summary to the Arbitrator in case he discusses issues regarding this case with other board members that effects this running case.

Frankfurt/Main, 2012-05-10

Intermediate Ruling #2

*under seal*

Frankfurt/Main, 2012-05-10

Intermediate Ruling #3

After review of

  1. report on current activities regarding this case #2 dated 2012-06-18 from (C)
  2. report on current activites regarding this case #3 to (A) dated 2012-07-09 from (C) and
  3. developments report #4 to (Piers L) + (A) dated 2012-09-07 from (C)

the risks of an impact against CAcert that results in the sealing of this case decreased from very high by the time of dispute filing to very low by the time the reports received from (C).

Now again, 4 months later the risks for CAcert dropped to zero as there has not shown any activity matters this potential issues reported.

So therefor I overrule:

  1. the sealing of this case given in Intermediate Ruling #1 of running case dated 2012-05-10 including
  2. a pending review from the Committee of Management of CAcert Incorporated (the board), pursuant to the Dispute Resolution Policy after the conclusion of this case
  3. the order to all Case Managers, Arbitrators, and Support Engineers, Board members, (and any other community members) not to disclose infos regarding this case to any other party without authorization.

This overruling also covers restrictions given that matters relating to the internship

This overruling also covers opening of intermediate ruling #2 *under seal* dated 2012-05-10 after review and anonymizing of Personal Identifiable data

Further events that happened around June 16th 2012 and June 20th (new dispute filings of 3rd parties, not subject within this still running not finaly ruled arbitration case) and (CM) by the time still under training, making actions in a hurry without given orders didn't amused me and will become subject of a later review.

Rationale

The intermediate ruling #1 order followed DRP 2.2 Preliminaries "The Arbitrator may make any preliminary orders, including protection orders and orders referring to emergency actions already taken." to protect CAcert in a whole from any harm before any further infos receives the arbitrator. The intermediate ruling #2 orders a 4 weeks holdtime for review or until further infos are delivered by the dispute filing party.

By the time, of intermediate ruling #1 (sealing the case), a potential threaten against CAcert was very high, so the Openness and Transparency had to step back for a while until the dust has settled down.

By taking action of sealing the case, I've followed the similar case a20090709.1 *under seal* We have the advantage of time, to see things in a clear view once time passed. Now with unsealing the case the principles Openness and Transparency are recovered.

My fault to not unsealing this case earlier was by lack of time while permanently busy by a job project

Frankfurt/Main, 2012-11-15

Intermediate Ruling #2

By reviewing the facts received, I come to the conclusion that at current state, the removal of the named post(s) is a short term solution to prevent CAcert from any harm that can be caused by the initial issues (that are outside of this arbitration case), that leads Ian to start the removal of the public visible posts that contain the name and email of the named 3rd party (non-arbitration participient) of non-anonymized form.

Claimant outlined in an interview a potential surreal action taken by a 4th party that has an yet unknown high risk to also affect CAcert in its fundamentals.

From current PoV, I expect to receive some more news regarding this issue within the upcoming 4 weeks so I get a better overview about the named risk.

To weighten the risks from current informations, the removal of the post https://lists.cacert.org/wws/arc/cacert-devel/2012-05/msg00001.html will probably decrease the risk to become attacked from external 4th party.

So I hereby come to the following ruling to also remove the above named mailing list post as the post includes the "realy" identifiable unusual givenname of named 3rd party and give mailing list admins the order to remove the named post.

Frankfurt/Main, 2012-05-10

Discovery

Discovery IV

Ruling

Execution

Similiar Cases

a20090709.1

*under seal*

a20120616.1

Request to unseal a20120506.1

a20120627.1

Challenge Sealing of a20120506.1

a20120627.2

Challenge Authority of iCM to dismiss case a20120616.1