- Case Number: a20140324.1
- Status: closed
- Claimant: Benedikt H (in his role as internal auditor)
- Respondent: Michael T, Werner D
initial Case Manager: EvaStöwe
Case Manager: MartinGummi
- Date of arbitration start: 2014-03-25
- Date of ruling: 2014-03-27
- Case closed: 2014-03-30
- Complaint: Arbitration against the removal of Dominik G from all mailing lists
- Relief: TBD
Before: Arbitrator EvaStöwe (A), Respondent: Michael T (R1), Werner D (R2), Claimant: Benedikt H (in his role as internal auditor) (C), Case: a20140324.1
- 2014-03-24 (issue.c.o): case [s20140324.111]
- 2014-03-24 (iCM): added to wiki, request for CM / A
- 2014-03-24 (iCM): send notification of case to C - as the respondent is not identified yet, no respondent could be notified
- 2014-03-25 (CM): I'll take care of this case as CM and select Eva Stöwe as A
- 2014-03-25 (CM): Initial mailing to C
- 2014-03-25 (A): asks infrastructure-admins about (possible) removals of known email addresses from Dominik G from CAcert mailing lists
- 2014-03-25 (A): asks support to provide all email-addresses of Domink G so that they could be checkt for their removal
- 2014-03-25 (infrastructure admin): at a first check only one removal of Dominik G from the cacert-se mailing list could be detected. This was done by R1. There will be a more thorough search if, soon if not requested otherwise.
- 2014-03-25 (A): asks Werner D what he knows about the removal of Dominik G from any mailing lists of CAcert
- 2014-03-25 (A): adds R1 as respondent to the case
- 2014-03-25 (A): initial mailing to R1, questions about the authorization R1 acted on by the removal
- 2014-03-25 (R1): answeres that he acted on the request of Domink G.
- 2014-03-25 (Werner D): answers that regarding mailing lists, he only knows about the removal from Domink G from the cacert-se mailing list
- 2014-03-25 (Support): sends list of all email-addresses of Domink G - also includes domains
- 2014-03-25 (A): asks C if the case should be continued or if he wants to change or withdraw the dispute as it does not look like that there were further removals.
- 2014-03-25 (C): wants to continue with the case but with a modified dispute (unsigned mail)
- 2014-03-25 (A): asks C to acknowledge the authentity of the dispute-change request via another communication channel because it was unsigned
- 2014-03-25 (C): contacts A via another communication channel and acknowledges the change. Also asks to not drop R1 from the lists of respondents
- 2014-03-25 (A): informs R1 about the changed dispute
- 2014-03-25 (A): asks infrastructure to include all email addresses of Dominik G in the search
- 2014-03-25 (A): asks support why their last answer also included domains
- 2014-03-25 (infrastructure admin): no further removals found, a list of current subscriptions was provided, a list of substriptions from 2014-03-23 would be a lot of effort and take some time
- 2014-03-25 (A): reports to C that no further removals were identified, asks for reasons to provide C with the list of current subscriptions of the member
- [2014-03-26 (A): reports something collateral included in one of the infrastructure-logs to internal auditor]
- 2014-03-26 (A): informs C about the idea to add Werner D as a respondent to the case, leaves option for comment
- 2014-03-26 (Support member): answers As question, why also domains were included in the last answer from support
- 2014-03-26 (C): declares satisfaction with found answers, sees no need for further investigations
- 2014-03-26 (C): AYE to add Werner D as respondent to the case
- 2014-03-26 (A): adds Werner D as respondent R2 to the case
- 2014-03-26 (A): initial mail to R2
- 2014-03-27 (A): ruling send to C, R1, R2
- 2014-03-30 (CM): close case
Link to Arbitration case a20140324.1 (Private Part), Access for (CM) + (A) only
EOT Private Part
On 2014-03-24, Werner D stated in an e-mail  that Dominik G "is removed from all mailing lists." This action obviously happened outside an arbitration and might have two causes: 1) Dominik G asked for removal of all mailing lists (see ), or 2) Dominik G was removed by or on behalf of a single person or group of persons in CAcert. I would like to request Arbitration to provide me a statement about 1) all mailing lists Dominik G is currently subscribed to, and 2) all mailing lists Dominik G was subscribed to on 2014-03-23, or 3) if 2) is not possible, all removals of Dominik G on 2014-03-24. This is an official request in my role as CAcert internal Auditor on an investigation of abuse of power. An official report will be issued later.  https://lists.cacert.org/wws/arc/cacert-board/2014-03/msg00009.html  https://lists.cacert.org/wws/arc/cacert/2014-03/msg00024.html
The dispute was changed at 2014-03-25 by the claimant.
As this case may be of public interest relevant communication in this case can be found relevant communication in this case can be found here.
It is partly anonymization for privacy and/or security reasons.
The dispute was changed by the claimant at 2014-03-25. As the direction of the dispute is the same as the first one, the case can be continued and does not need to be closed to open another case with the new dispute.
The claimant also asked to not drop any respondents because of the change of the dispute. As some action of R1 in the context of the case was already detected at this time, this had to be agreed on.
Mails that were the source for the dispute:
2014-03-24 18:50:39 UTC R2 declared amongst other things that Domink G was removed from all [CAcert] mailing lists.
- Dominik G was only removed from the internal Support mailing list.
- This was done by R1 at 2014-03-24 13:17:08 UTC
- When interviewed R1 explained that this was done as a reaction to the resign mail of Dominik that included the request to revoke all special accesse rights that he had because of his (former) positions.
- As Dominik G had asked for this himself and as he does not have a reason to be on the closed Supporter List after his resignation, R1s removal from Dominik G from this list is legitmate.
No wrongdoing could be found regarding any deletions from Dominik G from CAcert mailing lists.
The mail from R2 was posted on an open mailing list. As the resign of Dominik G was discussed openly on multiple intern and external forums and media, the idea that Dominik G would have been removed without any official decision form open mailing lists which everybody may access - especially members like Dominik G - could cast a damning light on CAcert.
When asked R2 said that his statement seems to be been wrong. He thought he was told that Dominik G was removed from all mailing lists.
As the statement showed to be wrong, there should be a counterstatement to rectify the image people could get from the mail R2 wrote.
As the removal from the mailing list done by Michael was justified, there is no reason to order any action against him.
The mail from Werner was incorrect and may lead to a misconception about how CAcert treats people who resign from their positions. Werner should write a counterstatement on firstname.lastname@example.org. This should be done within the next 48 hours.
-- Hamburg, 2014-03-27
- 2014-03-27 (A): ruling send to C, R1, R2
2014-03-29 (R2): send counterstatement on email@example.com