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.)

Photo: Getty
Show Hide image

Move objects with your mind – telekinesis is coming to a human brain near you

If a user puts on the Neurable headset, they can move virtual objects with their thoughts. 

On 30 July, a blog post on Medium by Michael Thompson, the vice-president of Boston-based start-up Neurable, said his company had perfected a kind of technology which would be “redrawing the boundaries of human experience”. 

Neurable had just fulfilled the pipe dreams of science fiction enthusiasts and video game fanboys, according to Thompson – it had created a telekinetic EEG strap. In plain English, if a user puts on the Neurable headset, and plays a specially-designed virtual reality video game, they can move virtual objects with their thoughts. 

Madrid-based gaming company eStudioFuture collaborated with Neurable to create the game, Awakening. In it, the user breaks out of a government lab, battles robots and interacts with objects around them, all hands-free with Neurable's headset. Awakening debuted at SIGGRAPH, a computer graphics conference in Boston, where it was well received by consumers and investors alike.

The strap (or peripheral, as it’s referred to) works by modifying the industry standard headset of oversized goggles. Neurable's addition has a comb-like structure that reaches past your hair to make contact with the scalp, then detects brain activity via electroencephalogram (EEG) sensors. These detect specific kinds of neural signals. Thanks to a combination of machine-learning software and eye-tracking technology, all the user of the headset has to do is think the word “grab”, and that object will move – for example, throwing a box at the robot trying to stop you from breaking out of a government lab. 

The current conversation around virtual reality, and technologies like it, lurches between optimism and cynicism. Critics have highlighted the narrow range of uses that the current technology is aimed at (think fun facial filters on Snapchat). But after the debut of virtual reality headsets Oculus Rift and HTC Vive at 2016’s Game Developers conference, entrepreneurs are increasingly taking notice of virtual reality's potential to make everyday life more convenient.

Tech giants such as Microsoft, Facebook and Google have all been in on the game since as far back as 2014, when Facebook bought Oculus (of Oculus Rift). Then, in 2016, Nintendo and Niantic (an off-shoot from Google) launched Pokémon Go. One of Microsoft’s leading technical fellows, Alex Kipman, told Polygon that distinctions between virtual reality, augmented reality and mixed reality were arbitrary: "At the end of the day, it’s all on a continuum." 

Oculus’s Jason Rubin has emphasised the potential that VR has to make human life that much more interesting or efficient. Say that you're undergoing a home renovation – potentially, with VR technology, you could pop on your headset and see a hologram of your living room. You could move your virtual furniture around with minimal effort, and then do exactly the same in reality – in half the time and effort. IKEA already offers a similar service in store – imagine being able to do it yourself.

Any kind of experience that is in part virtual reality – from video games to online tours of holiday destinations to interactive displays at museums – will become much more immersive.

Microsoft’s Hololens is already being trialled at University College London Hospital, where students can study detailed holograms of organs, and patients can get an in-depth look at their insides projected in front of them (Hololens won’t be commercially available for a while.) Neurable's ambitions go beyond video games – its headset was designed by neuroscientists who had spent years working in neurotechnology. It offers the potential for important scientific and technological breakthroughs in areas such as prosthetic limbs. 

Whether it was a childhood obsession with Star Wars or out of sheer laziness, as a society, we remain fascinated by the thought of being able to move objects with our minds. But in actual realityVR and similar technologies bring with them a set of prickly questions.

Will students at well-funded schools be able to get a more in-depth look at topography in a geography lesson through VR headsets than their counterparts elsewhere? Would companies be able to maintain a grip on what people do in virtual reality, or would people eventually start to make their own (there are already plenty of DIY tutorials on the internet)? Will governments be able to regulate and monitor the use of insidious technology like augmented reality or mixed reality, and make sure that it doesn't become potentially harmful to minors or infringe on privacy rights? 

Worldwide spending on items such as virtual reality headsets and games is forecast to double every year until 2021, according to recent figures. Industry experts and innovators tend to agree that it remains extremely unlikely you’ll walk into someone examining a hologram on the street. All the same, VR technology like Neurable’s is slowly creeping into the fabric of our lived environment.