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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Pupils need internet classes? Here are 41 lessons they should learn

Forget privacy and security, here's what to do when a black and blue dress looks white and gold. 

It is imperative that children are taught how to survive and thrive on the internet, claims a new House of Lords report. According to the Lords Communication Committee, pupils need to learn how to stay safe, avoid addictive games, and become “digitally literate”.

It’s hard to argue with the report, which is a great step forward in acknowledging that the internet now basically = life. Yet although it is crucial that children learn how to stay private and secure online, there are also some equally crucial and not-at-all-flippant pieces of information that the youth urgently need to know. Here are the first 41 lessons in that curriculum.

  1. To figure out how much to donate towards your mate’s charity half-marathon, half X OR double Y, where X is the amount paid by their mum and Y is the amount donated by your closest rival, Becky
  2. Don’t mention that it’s snowing
  3. If – for some reason – you talk about bombs in a Facebook message, follow this up with “Hi Theresa May” in case Theresa May is looking, and then Theresa May will think you are just joking
  4. If you are on a train and you are annoyed about the train, do not tweet @ the social media manager who runs the account for the train, because they are not, in fact, the train
  5. If a Facebook meme starts “Only 10 per cent of people can get this puzzle right” – know that lies are its captain
  6. It’s not pronounced me-me
  7. Never say me-me nor meem, for they should not be discussed out loud
  8. People can tell if you’ve watched their Instagram stories
  9. People can’t tell if you’ve waded back through their Zante 2008 album and viewed all 108 photos
  10. People can tell if you’ve waded back through their Zante 2008 album and viewed all 108 photos if you accidentally Like one – in this circumstance, burn yourself alive
  11. Jet fuel can melt steel beams
  12. If a dog-walking photo is taken in the woods and no one uploads it; did it even happen?
  13. Google it before you share it
  14. Know that Khloe Kardashian does not look that way because of a FitTea wrap
  15. Do not seek solace in #MondayMotivation – it is a desolate place
  16. Respect JK Rowling
  17. Please read an article before you comment about a point that the article specifically rebutted in great detail in order to prepare for such comments that alas, inevitably came
  18. Don’t be racist, ok?
  19. Never, under any circumstances, wade into the Facebook comment section under an article about Jeremy Corbyn
  20.  If a dress looks white and gold to some people and black and blue to some others, please just go outside
  21. Open 200 tabs until you are crippled with anxiety. Close none of the tabs
  22. Despite the fact it should make you cringe, “smol puppers” is the purest evolution of language. Respect that
  23. Take selfies, no matter what anyone says
  24. Watch Zoella ironically until the lines of irony blur and you realise that the 20 minutes you immerse yourself into her rose-gold life are the only minutes of peace in your agonising day but also, what’s wrong with her pug? I hope her pug is ok
  25. Nazi Furries are a thing. Avoid
  26. Use Facebook’s birthday reminder to remember that people exist and delete them from your Friends list
  27. When a person you deleted from your Friends list inexplicably comes up to you IRL and says “Why?” pretend that your little cousin Jeff got into your account
  28. Don’t let your little cousin Jeff into your account
  29. “Like” the fact your friend got engaged even if you don’t actually like the fact she is reminding you of the gradual ebbing away of your youth
  30. No one cares about your political opinion and if they act like they do then I regret to inform you, they want to have sex with you
  31. Please don’t leave a banterous comment on your local Nando’s Facebook page, for it is not 2009
  32. Accept that the viral Gods choose you, you do not choose them
  33. Joke about your mental health via a relatable meme that is actually an agonising scream into the void
  34. Share texts from your mum and mock them with internet strangers because even though she pushed you out of her vagina and gave up her entire life to help you thrive as a person, she can’t correctly use emojis
  35. Follow DJ Khaled
  36. Decide that “Best wishes” is too blah and “Sincerely” is too formal and instead sign off your important email with “Happy bonfire night”” even though that is not a thing people say
  37. If someone from primary school adds you as Friend in 15 years, accept them but never speak again
  38. The mute button is God’s greatest gift
  39. Do not tell me a clown will kill me after midnight if I don’t like your comment because that is not a promise you can keep
  40. Don’t steal photos of other people’s pets
  41. Accept that incorrect "your"s and "you’re"s are not going anywhere and save yourself the time 

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