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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How the Night Tube could give London’s mice that Friday feeling

London Underground’s smaller inhabitants might be affected by the off-squeak service – and learn when the weekend’s coming up.

What will the mice who live in the Tube network make of the new all-night service? Half a million of them are thought to have made the London Underground their home – and will be in for a surprise when the Victoria and Central lines keep running this weekend.

The Londonist is concerned the mice “are unlikely to get any sleep” with the new Night Tube, and may move to the District line instead. Yet a number of scientists point out to the New Statesman that mice are nocturnal creatures, most likely to sleep while the lights are on and the trains are running.

So will they get on board with the change – or make a run for different platforms on other lines?

The bad news:

“When the Tube’s away, the mice will play,” is how the rhyme (almost) goes. 

Many have come to know  and even love  the mischiefs of the mice who stream off the tracks and out of the tunnels as the stations close at night, in search of discarded morsels of Maccy D. And until now, they’ve had a good few hours to conduct such galavanting in peace. But the new system means they will have to re-structure their sleep and foraging cycles, or “circadian rhythms”. 

“The presence of night trains should upset several of these entrainment factors (or zeitgebers = time givers) leading to disturbances in their behaviours,” explains Professor Patrick Nolan, from MRC Harwell, an international centre for mouse genetics. 

“When you fly across the Atlantic, for example, it takes a few days to adapt, you feel a bit groggy, don't perform as well as you usually do, don't eat well, etc. You soon adapt to the change. But if there are constant disruptions like this, the effect may be more severe and long-lasting. And this is how the schedule changes in the Underground might affect the resident mice.” 

So it's the constant switching between the week and weekend schedules that could leave the mice  and Tube drivers  most cheesed off. Agoraphobia (fear of open spaces) and photophobia (sensitivity to light) are two possible effects of the resulting anxiety, and their mating patterns and liver functions are also likely to be disturbed.

The good news:

Yet it is unlikely mice will be leaving the Night Tubes for good. 

The more time we humans have to drop our dinners, the larger the menu becomes for the mice (researchers tell me that strawberry milk and Wheetos are particularly favoured fare).

“Mice are active most of the time – so more trains at night hours will not make such a difference to them,” say the RSPCA’s wildlife officers. “In fact, it may help as it may provide more foraging opportunities.”

They’ve also faced worse before. The London Transport Museum reminds us that, during the Second World War, cats were employed to counter vermin on the network (spot the cat in the 1940s TfL workers' canteen below).


Credit: London Transport Museum

For Dr Samuel Solomon at UCL, there is plenty to suggest the mice will successfully adapt. His study of mouse reflexes shows how they respond to various visual stimuli – and can start running within one-tenth of a second. “There might be cues they pick up – if people clean the station differently on Fridays, for instance.”

The tracks’ electric current may no longer be entirely switched off (if it ever was), but their whiskers’ sensitivity to vibrations could help them juggle their escapades to fit around the Night Tube’s less frequent service.

What Dr Soloman can’t yet predict is whether the mice will start to anticipate that Friday feeling: “It will be interesting to see whether they can learn that Friday is Friday”.

All in all, the Tube mice seem well set for the Night Tube’s new challenge. Who knows, they may soon gain the confidence of their 24/7 brothers in New York – and start ordering take-out...

India Bourke is the New Statesman's editorial assistant.