The £12m question: how WikiLeaks gags its own staff

“A typical open market valuation.”

This blog has previously described the bizarre legal world of WikiLeaks where, for example, the organisation claims some form of commercial ownership over the information that has been leaked to it.

Today, the New Statesman can reveal the extent of this legal eccentricity as we publish a copy of the draconian and extraordinary legal gag that WikiLeaks imposes on its own staff.

Clause 5 of this "Confidentiality Agreement" (PDF) imposes a penalty of "£12,000,000 – twelve million pounds sterling" on anyone who breaches this legal gag.

This ludicrous – and undoubtedly unenforceable – amount is even based on "a typical open-market valuation" for the leaked information that WikiLeaks possesses.

This phraseology is consistent with WikliLeaks's perception of itself as a commercial organisation in the business of owning and selling leaked information. Indeed, there is no other sensible way of interpreting this penalty clause.

Other parts of the legal gag are just as extraordinary. The second recital paragraph, "B", provides that – like a superinjunction – the fact of the legal gag itself is subject to the gag.

So is "all newsworthy information relating to the workings of WikiLeaks". On the face of it, even revealing one is under this agreement could result in a £12m penalty, as would sharing information on how the directors conduct the organisation.

The fifth recital paragraph, "E", is just as astonishing. It purports to extend what WikiLeaks can sue for beyond any direct loss that it might suffer if the gag is breached. WikiLeaks says it can sue for both "loss of opportunity to sell the information to other news broadcasters and publishers" and "loss of value of the information".

All this legalese can only mean that WikiLeaks takes the commercial aspect of selling "its" information seriously: there would be no other reason for this document to have such precise, onerous and unusual provisions.

On the basis of this legal gag alone, it would be fair to take the view that WikiLeaks is nothing other a highly commercially charged enterprise, seeking to protect and maximise its earnings from selling information that has been leaked to it. If so, WikiLeaks is nothing other than a business.

One suspects that the various brave and well-intentioned people who have provided the leaked information would be quite unaware of – and perhaps horrified by – the express commercial intentions of WikiLeaks, as evidenced by this document.

However, for some time it has been apparent that WikiLeaks and its founder, Julian Assange, have had a "pick'n'mix" attitude to legal obligations. They seem to feel free from any restrictions in respect of confidentiality and official secrecy; but on the other hand they make routine legal threats, especially against the Guardian, so as to uphold their perceived rights to their supposed commercial "property" – leaked, sensitive information. Abidance by the law is, it would seem, something for other people.

And, as the legal gag shows, WikiLeaks sought to use the full force of the law to deter or punish anyone who leaks against it – to the tune of £12m a time.

David Allen Green is legal correspondent of the New Statesman and is a practising media lawyer. He was shortlisted for the George Orwell Prize for blogging in 2010.

David Allen Green is legal correspondent of the New Statesman and author of the Jack of Kent blog.

His legal journalism has included popularising the Simon Singh libel case and discrediting the Julian Assange myths about his extradition case.  His uncovering of the Nightjack email hack by the Times was described as "masterly analysis" by Lord Justice Leveson.

David is also a solicitor and was successful in the "Twitterjoketrial" appeal at the High Court.

(Nothing on this blog constitutes legal advice.)

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Brain training: exposing the myth behind cognitive-enhancement games

A new study indicates that any benefits gained from brain games may be down to the placebo effect.

If you’ve ever searched for a quick-fix to mental lethargy, it’s likely that you’ve browsed through your smartphone app store to take a look at the latest offerings of brain-training games.

I certainly have. These games have been designed to sharpen people’s mental acuity, while offering “scientifically proven” means for improving IQs; through a variety of mini-games and careful documentation of improvements to intelligence parameters, people would wield the tools needed to craft the desired, smarter minds that the apps promise.

And the market for them has showed no sign of slowing down. In the space of a few years, the demand for the apps has made the industry a billion-dollar one, with growth expected to continue. A couple of the most popular apps have included Lumosity, a web-based program boasting more than 50m users seeking to “improve memory, attention, flexibility, speed of processing and problem solving”, and mobile-based Peak, whose similar goals and striking visuals entice potential users.

Though the apps have had huge amounts of success, there is a new body of research emerging to suggest that the successes may not be as a result of the games themselves, but because of the placebo effect.

The placebo effect is a phenomenon in which a dummy treatment or process can cause significant changes in a person – simply because that person believes the placebo (posing as a real treatment) will help them. With medication, it can be the mere presentation of a sugar pill disguised as a medicine which can cause a patient to get better. And in the case of apps and games, it seems that anything which promises users cognitive benefit, is more likely to do so.

In a study entitled “Placebo effects in cognitive training” published on Monday in the journal Proceedings of the National Academy of Sciences, researchers found that participants who engaged in brain-training games for a single, one hour session showed improvements in IQ by up to ten points, but only if they believed the games would benefit them.

The group of cognitive scientists from George Mason University, Virginia, set up the experiment in a particular way to determine whether or not the placebo effect was involved.

50 participants were recruited, after two different posters asking people to sign up to a study were plastered around campus: one labelled “brain training & cognitive enhancement” and the other “email today & participate in a study”. The rewards for the former promised boosts in intelligence, while rewards for the latter granted study credits. Unknown to participants, however, was that both tests were the same, meaning any resulting changes to IQ were as a result of what participants were telling themselves about the tests.

The tests centred around the engagement of working memory and other factors to impact fluid intelligence – a type of intelligence which revolves around the application of logic and reason, independent of acquired knowledge. Those who chose to sign up to the “brain training & cognitive enhancement” study, aka the placebo study, were the ones to show remarkable gains in IQ after completing a post-brain games IQ test; gains of five to ten IQ points being made. Those who signed up for the control showed no signs of improvement.

Speaking to the Huffington Post, researcher and co-author of the study Cyrus Foroughi said: “Placebos are very pervasive and they have to be controlled for in a tremendous number of fields. This field is no different. So we put together the study to actually test whether expectation for a positive effect can lead to a positive outcome.”

Within the scientific community, frustration had already mounted as a result of the falsely promoted uses of brain games, particularly as tools to reverse age-related, cognitive-faltering illnesses such as Alzheimer’s disease. Overstated claims through advertising were enough to encourage scientists to sign an open letter in 2014, condemning the inaccurately purported benefits of brain training games. Earlier this year, Lumosity was fined $2m by the Federal Trade Commission for deceiving consumers with “unfounded claims”.

The recent findings strengthen this position, as the effects of cognitive training games seem less to do with the content of the games themselves, and more to do with what users tell themselves will happen after a session of, brain-training puzzle bonanzas. That’s not to say the games themselves don’t offer some benefit – it’s just that further clarification is needed to understand what they exactly contribute to, with the placebo effect factored in.

While scientists expand on their research to pinpoint the real effects of brain games, it seems for now that the best options to keep our brains active are the ones we are most familiar with: learn a language, do some exercise, or maybe just read a book.