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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Are cats solid or liquid? 13 of the best winners of the Ig Nobel prize

This satirical awards ceremony has celebrated unusual contributions to science for 27 years. 

Every year, the Ig Nobel Prize Committee hands out ten awards. A parody of the Nobel Prize, it recognises some of the most whimsical contributions to science. 

Categories include psychology, fluid dynamics and chemical engineering, much like the real Nobel Prizes, but change year to year. Its name is a pun on the word ignoble.

Studies that won prizes this year include a paper which discovered which part of the brain creates repulsion to cheese, a report on the effects of human blood in the diet of hairy-legged vampire bats, and research explaining why old men have big ears (gravity). The winners are just the latest in 27 years of the award. Here are 13 of the most head-scratching and unique winners:

1. Original conspiracy theories

Erich Von Daniken won the Literature Prize in 1991, the first year of the Ig Nobel awards, for his book Chariots of the Godswhich suggested human life takes its origins from ancient aliens that came to earth. Originally published in 1968, the book imagines that many ancient civilisations demonstrated higher scientific abilities than was possible given the limitations of their time, so aliens must have come to Earth and transmitted the knowledge to make human progress possible. 

2. The Antichrist from the East

Robert Faid, a mathematician, invested a huge amount of time in calculating the exact odds of whether Mikhail Gorbachev, the final leader of the Soviet Union, is the Antichrist. (The exact odds are 710,609,175,188,282,000 to 1, if you’re curious).

3. Refined pigeons 

Shigeru Watanabe, Junko Sakamoto and Masumi Wakita successfully trained several pigeons to discriminate between Picasso’s paintings and Monet’s paintings, a skill that some humans might still be struggling with. 

4. Lovesick

Four scientists at the University of Pisa discovered that the biochemical basis of romantic love might not be all that different from the biochemical basis of neuroticism and Obsessive Compulsive Disorder, as they observed the multiple ways that platelet serotonin was transported around various sections of the brain. 

5. Hell is closer than we think 

Dr. Jack Van Impe and Rexella Van Impe carried out research which demonstrated that one of the universe’s great mysteries, black holes, fulfil the theological and technical requirements to be the location of hell itself.

6. Feathery feelings 

Stefano Ghirlanda, Liselotte Jansson, and Magnus Enquist of Stockholm University demonstrated that our flightless friends may be no different to us – in that chickens prefer beautiful humans. Chickens were more likely to react to pictures of faces that were deemed more conventionally attractive.

7. Creative (non) fiction

This went to a whole group of people in Nigeria, the internet entrepreneurs who used e-mail to introduce many innocent fraud victims around the world to “a cast of rich characters – General Sani Abacha, Barriste Jon A Mbeki Esq”, who find themselves in need of a loan and rely on the generosity of strangers to access their own immense fortunes. 

8. Say Cheese 

Nic Svenson and Piers Barnes of the Australian Commenwealth Scientific and Research Organisation did all the legwork and found the exact number of photographs that you have to take in order to ensure that nobody in a group photo will have their eyes closed. 

9. A girl's best friends 

Three scientists at the Universidad Nacional Autónoma de México were able to create a girl’s best friend, diamonds, from her other best friend, tequila. They did this by heating tequila at very high temperatures to turn it into a gas. They then heated the gas further to break it into solid crystals that had the same composition as pure diamonds. 

10. Swearing is good for you 

Richard Stephens, John Atkins and Andrew Kingston of Keele University finally proved that there’s a scientific basis for the belief that swearing relieves pain. It may have something to do with how swearing can nullify the typical fight-or-flight response to pain, among other reasons.

11. Beer goggles

Five scientists, Laurent Begue, Brad Bushman, Oulman Zerhouni, Baptiste Subra and Medhi Ourabah, confirmed that “beauty is in the eye of the beer holder” ie that if you’re drunk, you’re more likely to think you’re attractive.

12. More than a pet rock 

Mark Avis, Sarah Forbes and Shelagh Fergon were able to use a sales and marketing perspective to ascertain the potential personalities of various kinds of rocks, by interviewing focus groups who said what they believed the rocks could be like. Some rocks (particularly the more fetching ones) were described as "classy, feminine", while others were seen more as "a hippy, someone who believes in star signs and whatnot". 

13. The internet's favorite animal 

Marc-Antoine Fardin sought to answer the age old question: cats – liquid or solid? Apparently, they're both. (Fardin admits there’s much more research to be done). 

A full list of every year's winners can be found here