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 second coming of Gordon Ramsay

A star is reborn. 

It would be a lie to say that Gordon Ramsay ever disappeared. The celebrity chef made his television debut in 1997 and went on to star in shows in 1998, 2001, 2004, 2005, 2006, 2007, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, and 2017. There hasn’t been a lull in Ramsay’s career, which has arguably gone from strength to strength. In 2000, he was cooking for Vladimir Putin and Tony Blair – in 2008, he ate the raw heart of a dead puffin.

Left: Gordon Ramsay shaking hands with Vladimir Putin. Right: Gordon Ramsay hugging a puffin (different from the one he ate).

Yet we are, undeniably, in the middle of a Ramsay renaissance. How? How could a man that conquered the last twenty years of cookery-based television have an upsurge in popularity? There are only so many television channels – so many amateur donkey chefs. Wrong. The internet has enabled a Ramsay resurgence, the second act of a play overflowing with blood, sweat, and French onion soup.

Wow.

We all, of course, know about Gordon’s Twitter account. Although started in 2010, the social media profile hit the headlines in February this year when Ramsay began rating food cooked by the world’s amateur-amateur chefs. But other elements of Ramsay’s internet celebrity are more miraculous and mysterious.

His official YouTube channel uploads, on average, three videos a week. Decades old clips from Kitchen Nightmares accumulate over three million views in as many days. A 15,000 follower-strong Facebook fan page for the show – which premiered in 2007 and ended in 2014 – was set up on 19 June 2017.

Wow, wow, wow, wow. Wow.       

A Google Trends graph showing an April 2017 surge in Ramsay's popularity, after a decline in 2014.                                      

What makes a meme dank? Academics don’t know. What is apparent is that a meme parodying Gordon Ramsay’s fury over missing lamb sauce (first aired on Hell’s Kitchen in 2006) had a dramatic upsurge in popularity in December 2016. This is far from Gordon’s only meme. Image macros featuring the star are captioned with fictitious tirades from the chef, for example: “This fish is so raw… it’s still trying to find Nemo”. A parody clip from The Late Late Show with James Cordon in which Ramsay calls a woman an “idiot sandwich” has been watched nearly five million times on YouTube.

And it is on YouTube where Ramsay memes most thrive. The commenters happily parrot the chef’s most memable moments, from “IT’S RAW” to the more forlorn “fuck me” after the news something is frozen. “HELLO MY NAME IS NINOOOOO!” is an astonishingly popular comment, copied from a clip in which a Kitchen Nightmares participant mocks his brother. If you have not seen it – you should.

But what does all this mean for Ramsay’s career? His YouTube channel and Facebook page are clearly meticulously managed by his team – who respond to popular memes by clipping and cutting new videos of classic Ramsay shows. Although this undoubtedly earns a fortune in ad revenue, Ramsay’s brand has capitalised on his internet fame in more concrete ways. The chef recently voiced Gordon Ramsay Dash, a mobile game by Glu Games Inc in which you can cook with the star and he will berate or praise you for your efforts. Ten bars of gold – which are required to get upgrades and advance in the game – cost 99p.

Can other celebrity chefs learn from Ramsay? A generation will never forgive that twisted, golden piece of meat, Jamie Oliver, for robbing them of their lunch time Turkey Twizzlers. But beyond this, the internet’s love is impossible to game. Any celebrity who tried to generate an online following similar to Ramsay’s would instantly fail. Ramsay’s second coming is so prolific and powerful because it is completely organic. In many ways, the chef is not resposible for it. 

In truth, the Ramsay renaissance only worked because it was - though the chef himself would not want to admit it - completely raw.

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