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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The mother lode: how mums became the ultimate viral fodder

The internet’s favourite joke used to be "your mum". Now it's "my mum".

“I was like: oh my.”

Terri Squires is describing her reaction to the news that she had gone viral. Last month, more than 213,000 people shared a tweet about Terri – but it wasn’t sent from her account. The 50-year-old Ohioan was propelled to internet stardom by her son, Jeff, who had tweeted about his mother.

“I didn’t really realise what it meant at first until he was like: ‘Mum, you do realise that millions of people have looked at this?’ … When I started seeing those numbers I was like: ‘Oh boy’.”

It’s a funny story – and Terri laughs heartily all she tells it. After coming out of a meeting, she checked her phone and noticed a picture of a missing – white – dog on Facebook. She quickly texted 17-year-old Jeff to check that the family dog, Duey, was safe. “That’s not Duey… Duey’s face is brown,” replied her son. “OK – just checking,” replied Terri.

More than 600,000 people “liked” Terri’s mistake after Jeff shared screenshots of the text message exchange on Twitter. But Terri is just one of hundreds of mums who have gone viral via their sons and daughters. Texts mums send, mistakes they make, things they fail to notice – these have all become the ultimate viral fodder.

In the last three months alone, Gerald’s mum went viral for a microphone mishap, Adam’s mum shot to Twitter fame for failing to understand WhatsApp, Lois’ mum got tricked by her daughter, Harry’s mum was hit in the head with a football, Hanna’s mum misunderstood a hairstyle, and Jake’s mum failed to notice her son had swapped a photo in her home for a portrait of Kim Jong-un.

But how do the mothers behind these viral tweets feel?

“I'm pretty much a mum that everybody wants to talk to these days,” says Terri, with another warm laugh. The mum of three says going viral “is not that big of a deal” to her, but she is happy that her son can enjoy being a “local superstar”. But is she embarrassed at being the punchline of Jeff’s joke?

“Believe me, I have thick skin,” she says. “I kinda look at what it is, and it’s actually him and his fame. I’m just the mum behind it, the butt of the joke, but I don't mind.”

Not all mums feel the same. A handful of similar viral tweets have since been deleted, indicating the mothers featured in them weren’t best pleased. A few people I reach out to haven’t actually told their mums that they’re the subject of viral tweets, and other mums simply don’t want any more attention.

“I think I’ve put my mum through enough with that tweet already,” says Jacko, when I ask if his mum would be willing to be interviewed. In 2014, Jacko tweeted out a picture of his family writing the word “cock” in the air with sparklers. “This is still my favourite ever family photo,” he captioned the tweet, “My mum did the ‘O’. We told her we were going to write ‘Love’.”

“No one ever expects to call home and say ‘Mum, have you heard of something called LADbible? No, you shouldn’t have, it’s just that a quarter of a million of its fans have just liked a photo of you writing the word ‘cock’ with a sparkler’,” Jacko explains.

Although Jacko feels his mum’s been through enough with the tweet, he does say she was “ace” about her new found fame. “She’s probably cooler about it all than I am”. Apart from the odd deletion, then, it seems most mums are happy to become viral Twitter stars.

Yet why are mums so mocked and maligned in this way? Although dads are often the subject of viral tweets, this is usually because of jokes the dads themselves make (here’s the most notable example from this week). Mums, on the other hand, tend to be mocked for doing something “wrong” (though there are obviously a few examples of them going viral for their clever and cunning). On the whole: dads make jokes, mums are the butt of them.

“We all think our mums are so clueless, you know. They don’t know what’s going on. And the fun thing is, one day we come to realise that they knew way more of what was going on than we thought,” says Patricia Wood, a 56-year-old mum from Texas. “People always kind of make fun of their mums, but love them.”

Last year, Patricia went viral when her daughter Christina tweeted out screenshots of her mum’s Facebook posts. In them, Patricia had forgotten the names of Christina’s friends and had candidly written Facebook captions like: “My gorgeous daughter and her date for formal, sorry I forgot his name”. Christina captioned her tweet “I really can't with my mom” and went on to get more than 1,000 likes.

“I felt, like, wow, it was like we’re famous, you know. I thought it was really cool,” says Patricia, of going viral. Her experiences have been largely positive, and as a part-time Uber driver she enjoys telling her customers about the tweet. “But I did have one bad experience,” she explains. A drunken passenger in her car saw the tweet and called Patricia an “asshole”.

Another aspect of viral fame also worried Patricia. She and her daughter were invited on a reality show, TD Jakes, with the production company offering to pay for flights and hotels for the pair. “I have too many skeletons in my closet and I didn't want them to come dancing out,” says Patricia, of her decision not to go. “By the time I got off it, it would be the Jerry Springer show, you know. I’m kind of a strange bird.”

On the whole, then, mothers are often amused by going viral via their offspring – and perhaps this is the real beauty of tweeting about our mums. Since the moment they earn the title, mums can’t afford to be fragile. There is a joy and relatability in “my mum” tweets – because really, the mum in question could be anyone’s. Still, from now on, mums might be more careful about what they tell their sons and daughters.

“When I send Jeff a text now I make sure I’m like: ‘Is my spelling correct? Is what I’m saying grammatically correct?’,” says Terri, “Because who knows where the words are gonna end up?”

Amelia Tait is a technology and digital culture writer at the New Statesman.