Before: Arbitrator EvaStöwe (A), Respondent: Michael T (R1), Werner D (R2), Claimant: Benedikt H (in his role as internal auditor) (C), Case: a20140324.1

History Log

Private Part

EOT Private Part

Dispute

The dispute was changed at 2014-03-25 by the claimant.

Communication

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.

organizational Remarks

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.

Discovery

Mails that were the source for the dispute:

Investigation showed:

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.

Ruling

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 cacert-board@lists.cacert.org. This should be done within the next 48 hours.

-- Hamburg, 2014-03-27

Execution

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Arbitrations/a20140324.1 (last edited 2014-03-30 15:11:49 by MartinGummi)