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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Why have men become so lonely – and how does it affect their health?

New findings show the consequences of having a lonely heart.

Go out and get some friends. No, seriously. Hop on the Tube and act faux-interested in the crap-looking book your fellow commuter is reading, even if it's on their Kindle. Chances are it's better than the one in your bag, and they're probably a decent human being and just as lonely, like you and me.

A new slate of facts and figures are showing just how widespread loneliness, is while simultaneously being amazingly terrible for your health.

Research led by Steven Cole from the medicine department at University of California, Los Angeles is showing the cellular mechanisms behind the long known pitfalls of loneliness. Perceived social isolation (PSI) – the scientific term for loneliness –increases the exposure to chronic diseases and even mortality for individuals across the world.

The authors examined the effects of loneliness on leukocytes, also known as white blood cells, which are produced from stem cells in the bone marrow and are critical to the immune system and defending the body against bacteria and viruses. The results showed loneliness increases signalling in the sympathetic nervous system, which is responsible for controlling our fight-or-flight responses, and also affects the production of white blood cells.

Recently, the Movember Foundation, which focuses on men's health and wellbeing, carried out a survey with the help of YouGov investigating friendship and loneliness amongst men. The results are alarming, with only 11 per cent of single men across the spectrum in their early 20s to late-middle age saying they had a friend to turn to in a time of crisis, the number rising to 15 per cent for married men.

Friendship has shown not only to be important to a person's overall wellbeing, but can even add to a person's earnings. A previous study involving 10,000 US citizens over 35 years showed people earned 2 per cent more for each friend they had.

The Movember Foundation survey comes soon after the Office for National Statistics (ONS) showed that men in Britain make up 58 per cent of the 2.47m people living alone between the ages of 45 and 64. The reasons behind this figure include marrying later in life and failed marriages, which usually result in children living with the mother. Women still make up the majority of the 7.7m single-occupant households across all ages in the country, at approximately 54 per cent.

Chronic loneliness seems to have slowly become a persistent problem for the country despite our hyper-connected world. It's an issue that has made even Jeremy Hunt say sensible things, such as "the busy, atomised lives we increasingly lead mean that too often we have become so distant from blood relatives" about this hidden crisis. He's previously called for British families to adopt the approach of many Asian families of having grandparents live under the same roof as children and grandchildren, and view care homes as a last, not first, option.

The number of single-person households has continued to increase over the years. While studies such as this add to the list of reasons why being alone is terrible for you, researchers are stumped as to how we can tackle this major social issue. Here's my suggestion: turn off whatever screen you're reading this from and strike up a conversation with someone who looks approachable. They could end up becoming your new best friend.