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.)

Alan Schulz
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An Amazonian tribe is challenging scientific assumptions about our musical preferences

The Tsimane’ – a population of people in a rural village in Bolivia – are overturning scientists' understanding of why humans prefer consonant sounds over dissonant ones.

It was 29 May 1913. Hoards of Parisians packed out the newly-opened Théâtre des Champs-Élysées. Messrs Proust, Picasso and Debussy were in attendance. Billed for the evening was the premiere of Le Sacre du PrintempsThe Rite of Spring, a ballet and orchestral work debuted by Russian composer Igor Stravinsky.

The attention and conjecture focused on the theatre that day meant expectations were high. However, within moments of the piece beginning, all preconceived notions held by the audience were shattered, as what was unfolding in front of them was a musical tragedy unlike anything they had ever witnessed.

A bassoon hummed into the ether before ballet dancers stomped on stage; the music, unpredictable with its experimental edge, drove forth the onstage narrative of a young girl whose selection during a pagan ritual saw her sacrificially dance towards death. Stravinsky’s composition and the ensemble of the night caused the room to descend from laughter and disruption to chaos and uproar.

The employment of dissonance – sharp, unstable chords – largely contributed to the audience’s disturbed reaction. Dissonant chords create a tension, one which seeks to be resolved by transitioning to a consonant chord – for example an octave or perfect fifth. These musical intervals sound far calmer than the chords which riveted the audience of The Rite of Spring.

Dissonant and consonant intervals find themselves as binary opposites; the frequencies at which notes played together vibrate determine whether an interval is consonant or dissonant. Consonant intervals have simple mathematical relationships between them, but greater digression from that simplicity makes an interval increasingly dissonant.

It’s long been believed  both experimentally and anecdotally – that the preference among Westerners for consonant chords highlights a universal, perhaps biologically-rooted, leaning among all humans towards consonant sounds. If you were present at the introduction of Stravinsky’s The Rite of Spring on that night of furore in Paris, you’d find it hard to disagree.

There is, however, a growing movement against this consensus. Ethnomusicologists and composers alike argue that favouring consonance may just be a phenomenon that has evolved from Western musical culture. And following the visit of a group of researchers to a remote Amazonian society, these claims could well be grounded in scientific evidence.

Led by Josh McDermott, an MIT researcher who studies how people hear, the group travelled to a village in the Amazon rainforest called Santa Maria. It’s populated by the Tsimane’ – a group of native Amazonians whose rural abode is inaccessible by road and foot, and can be reached only by canoe. There are no televisions in Santa Maria and its inhabitants have little access to radio, meaning exposure to Western cultural influences is minimal.

The researchers were curious to see how the Tsimane’ would respond to music, in order to determine whether they too had a preference for consonant sounds over dissonant ones. To everyone’s surprise, the Tsimane’ showed no preference for consonance; the two different sounds, to the Tsimane’ at least, were equally pleasant.

Detailing their research in a paper published by Nature, the group explains how the Tsimane’ people’s indifference to dissonance is a product of their distance from Western culture and music, removing any purported notion that humans are hard-wired to praise perfect fifths and fourths.

McDermott tells me that the Western preference for consonance may just be based on familiarity. “The music we hear typically has more consonant chords than dissonant chords, and we may like what we are most exposed to,” he says. “Another possibility is that we are conditioned by all the instances in which we hear consonant and dissonant chords when something good or bad is happening, for example in films and on TV. Music is so ubiquitous in modern entertainment that I think this could be a huge effect. But it could also be mere exposure.”

To fully gauge the Tsimane’ responses to the music, 64 participants, listening via headphones, were asked to rate the pleasantness of chords composed of synthetic tones, and chords composed of recorded notes sung by a vocalist. At a later date, another 50 took part in the experiment. They had their responses compared to Bolivian residents in a town called San Borja, the capital city La Paz, and residents in the United States – locations selected based on their varying exposures to Western music.

What made the Tsimane’ particularly interesting to McDermott and his group was the absence of harmony, polyphony and group performances in their music. It was something the researchers initially thought may prevent an aesthetic response from forming, but the worry was quickly diminished given the Tsimane’ participants’ measure of pleasantness on the four-point scale they were provided.

Unsurprisingly, the US residents showed a strong preference for consonance – an expected preference given the overrunning of Western music with consonant chords. Meanwhile, the San Borja and La Paz residents demonstrated inclinations towards consonant sounds similar to the US residents. The implication of these results – that consonance preferences are absent in cultures “sufficiently isolated” from Western music – are huge. We most probably aren’t as polarised by consonance and dissonance as we assume; cultural prevalence is far more likely to have shaped the consonant-dominant sounds of Western music.

McDermott raised the question about why Western music may feature certain intervals over others to begin with:

“One possibility is that biology and physics conspire to make conventionally consonant and dissonant chords easy to distinguish, and so that distinction becomes a natural one on which to set up an aesthetic contrast even if the preference is not obligatory. We have a little evidence for this in that the Tsimane' could discriminate harmonic from inharmonic frequencies, which we believe form the basis of the Western consonance/dissonance distinction, even though they did not prefer harmonic to inharmonic frequencies.”

There has been some criticism of this. Speaking to The Atlantic, Daniel Bowling from the University of Vienna said:

“The claim that the human perception of tonal beauty is free from biological constraint on the basis of a lack of full-blown Western consonance preferences in one Amazonian tribe is misleading.”

Though the results from the Amazonian tribe demonstrate a complete refutation of previous assumptions, people's musical preferences from other cultures and places will need to be analysed to cement the idea.

With research beginning to expand beyond WEIRD people – those from a Western, Educated, Industrialised, Rich and Democratic background – the tastes in music of people the world over may continue to surprise, just as the Tsimane’ did.

The Rite of Spring, which was met with ridiculing reviews has now been canonised and is considered to be one of the most important pieces of music of the twentieth century. A Tsimane’ crowd on that tender night a century ago in Paris may have responded with instant praise and elation. With further research, the imagined Bolivian adoration of a Russian composer’s piece in the French city of love may prove music to be the universal language after all.