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.)

Flickr/Jacob Enos
Show Hide image

Personal experiences – not just biology – shape who you find attractive

Researchers find past experiences play a role in identifying why people are attracted to certain individuals.

A new study suggests personal experiences influence our attraction to our preferred partners. It was previously thought genes played a bigger role, as they do in forming other examples of behaviour and character traits. Just reflect on the number of times you've been singled out by a family member for acting like one of your parents, either offensively or in a praiseworthy way.

There are certain characteristics that lead people to judge particular faces as more attractive than others, such as the level of symmetry. However, people still dispute others' opinions when judging facial attractiveness – it's subjective. After all, what else is the purpose of the romantic lead's sassy best friend in any rom-com or book? Or just think how boring conversations with your friends would be without such intense and passionate disagreements.

The researchers used twins as participants in the study in order to monitor these differences and disagreements in opinion. This was necessary because twins are, by definition, genetically identical, allowing the scientists to rule out genetic differences as a reason in explaining their findings.

A total of 547 sets of identical twins and 214 sets of fraternal twins (siblings sharing half of their DNA) were asked to judge the facial attractiveness of 102 female faces and 98 male faces, and give each face a rating based on preference. The results showed, on average, the twins agreed with each other 48 per cent of the time, and disagreed on facial attractiveness 52 per cent. Had the numbers been closer for both the identical and fraternal groups, this would have shown genes were more influential in determining our levels of attraction to others.

The study concluded the reason behind this difference was primarily based on an individual's unique environmental factors (the scientific phrase for "past experiences"), at 78 per cent.

Previous studies have shown aesthetic preferences are based on a range of other factors too, including socioeconomic and cultural features, the rater's own facial features and also personality. (See, it's not always about looks.) The authors were also able to determine how our genes influence facial recognition during this same experiment, if not our preferences.

Discovering that a personality characteristic is influenced by our environment is another highlight in the field of behavioural genetics, as it was previously thought "nature beats nurture" in many aspects of an individual's behaviour. However, this study shows that a person's experiences are unique even between family members.