Forgot to follow up on this
Actually something good did come out of arguing with people of a mindset that I don't understand. I came to the realization, that if I (for the sake of example) sent someone malware and stole their Bitcoins off of their computer, they could not flag me. You don't enter into a contract to be one sidedly stolen from or financially damaged. There are currently loopholes for realistic scenarios that we should sure up.
If you sent someone a link to malware via PM or a message on the open forum, you will be permabanned if the victim reports it to staff. Issuing a flag to a permabanned account is a bit redundant.
Also, issuing a red flag is rather punitive. Theymos set the bar high to issue this flag since it is very harsh. Please see the following thread for the full impact of a red flag.
https://bitcointalksearch.org/topic/0007-loan-by-tomorrow-122019-evening-utc-5104698 We must ask ourselves if the infraction merits an account being subjected to the red flag for 3 years for level 2 and 7 years for level 1. Sometimes a yellow flag and/or a negative trust comment is more appropriate.
I was more trying to propose the idea that theft is not something that you can leave someone a flag for. Lets change it up a little bit to avoid the issue of forum bans. If I send malware to someone over Skype and steal all of their Bitcoins, you cannot leave me a flag and I don't have to worry about being banned. I know that Theymos is trying to sure up the language surrounding flags with the "breach of contract" portion, but not everything is a contract.
Use the following to red flag someone that malwared you.
This user violated a casual or implied agreement with me, resulting in damages.It is an implied agreement between decent people not to steal from one another, so you can use the above.
IMO.
(You do need to be able to prove the theft occurred and the other party was responsible. )This actually is my point, rational thinking people would agree with you. To interact with society, there is an unspoken rule that you don't steal from others. But, I've already seen cases where people have tried to weasel their way out of guilt by sticking firmly to the, "there was no contract" defense.
TLDR: There is currently a hole in the flag system that does not allow you to report one sided damage done such as theft. Another example, if I just throw a metaphorical baseball through your metaphorical window, there is nothing you can do about it because I onesidedly damaged you, there was no contract to breach, so you can't flag me.