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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Forget “digital detoxes”. Spring clean your online life instead

Step one: remove the app on your phone which takes up the most time. 

In 2006, news broke that broke me. The British Heart Foundation unveiled a poster of a blonde girl guzzling a gallon of cooking oil. “What goes into crisps goes into you,” it read, as the charity declared that eating one packet of crisps a day equated to drinking five litres of oil a year.

I gave up crisps that Lent (an admirable act that was somewhat mitigated by devouring a six-pack of McCoy’s on Easter Sunday). Still, despite my continuing pack-a-day habit, the BHF’s statistic has never left me: 365 packets of salt and vinegar crisps are equal to five bottles of Filippo Berio. But other bad habits are harder to comprehend. Last week, I “liked” 36 things on Facebook, wrote ten tweets, and posted five Instagram pictures (two of which were selfies). What effect, if any, has this had on my mental and physical health? How much metaphorical cooking oil am I pouring into my body?

“You really don’t need to worry about the volume of your own social media interactions, based on the average digital user,” the founder of the digital detox specialists Time To Log Off, Tanya Goodin, told me. Goodin says that we “tap, click and swipe” our devices over 2,617 times a day and that the average person will post 25,000 selfies in their life.

Though these statistics seem shocking, what do they mean? What does swiping thousands of times a day do to our minds – or, for that matter, our thumbs? The experts are divided. In 2015, national newspapers spread stories suggesting that using an iPad would damage a toddler’s brain but the research didn’t mention the term “brain damage” once. In fact, as the Guardian pointed out in its debunking, studies produce mixed results: some say iPads help improve child literacy, others say they are distracting.

The studies about adults’ screentime are similarly hard to decipher. Heavy Facebook usage has been linked to depression but there isn’t any apparent cause and effect. Do depressed people use Facebook more, or does Facebook make us depressed? “Internet addiction disorder” (IAD) was a term originally coined as a hoax, but many now see it as a real and treatable problem. Yet it does not feature in the Diagnostic and Statistical Manual of Mental Disorders, and experts still struggle to set diagnostic criteria for it. How much internet is too much?

These academic ambiguities haven’t stopped the idea of the “digital detox” taking off. Detoxers refrain from using any electronics for a period of time in the hope that this will improve their mental health and real-world relationships. At the time of writing, if you search for “digital detox” on Instagram, you’ll find 25,945 people talking about their personal attempts. There are pictures of bike rides, sunsets and children playing, each posted – apparently without irony – to extol the virtues of getting off social media and turning off your phone.

Digital detoxing is also big business. Goodin runs workshops, retreats and camps where no electronics are allowed and the daily schedule consists of yoga, walking, swimming and drinking smoothies. The next one, in Italy, costs from £870 per head for a week. A multitude of such camps exist, as well as books, websites and guides on how to detox by yourself. To connect, man, you have to disconnect, you know?

All of this has made me a digital detoxing cynic. I don’t believe I need to switch off my phone to “live” better, because I believe my phone itself contains life. On Reddit, I can speak to strangers living hundreds of thousands of miles away about their lives. On Twitter, I can keep up to date – in real time – with news and events. If I want to learn yoga or make a smoothie, where will I go to find my local gym or the correct strawberry-to-spinach ratio? Technology can even inspire us to “get out more”. Last summer, the gaming app Pokémon Go spurred people to walk 2,000 more steps a day, and I’m willing to bet that brunch sales figures have skyrocketed since the invention of Instagram.

Digital detoxing relies on the vague idea that tech is somehow toxic. Even without scientific studies to back this up, most of us know from our own, anecdotal evidence how spending too much time on our phones can make us feel. We get down if our latest status doesn’t have enough likes, or our eyes hurt after the sixth “EXTREME PIMPLE POPPING” YouTube video in a row. So, at core, digital detoxing isn’t “wrong”: it is merely misguided. Instead of trying to cut out all technology for a week, we should be curbing our existing habits; rather than a digital detox, we should have a digital spring clean.

Delete – or hide – anyone on your Facebook friends list that you wouldn’t talk to in real life. Remove your work email from your phone (or ask your boss for a separate work phone if you absolutely need access). Delete the app that takes up most of your time – be it Facebook, Twitter or YouTube – so that you are forced to get to it manually, through your browser, and therefore become instantly more aware of how many times a day you open it up. Tanya Goodin also advises me to use my phone less at night. Essentially: go mild turkey. If this is too much and you believe you are addicted to your smartphone or laptop, then, of course, you should seek help (speak to your doctor or call the Samaritans on 116 123).

But most of us just need to get smarter about our internet use. Even if scientists proved that technology was damaging our brains, a week-long detox wouldn’t be the cure. Rather, we should focus on our bad personal habits and try to curb them. Do you get into too many arguments online? Do you ignore your partner because you’re staring at a screen? Do you post opinions you regret because you don’t think them through first? These behaviours are problematic – the internet itself isn’t. To control our lives, we shouldn’t switch off: we should get more switched on.

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

This article first appeared in the 06 April 2017 issue of the New Statesman, Spring Double Issue

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