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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Did your personality determine whether you voted for Brexit? Research suggests so

The Online Privacy Foundation found Leave voters were significantly more likely to be authoritarian and conscientious. 

"Before referendum day, I said the winners would be those who told the most convincing lies," Paul Flynn, a Labour MP, wrote in these pages. "Leave did." The idea that those who voted for Brexit were somehow manipulated is widely accepted by the Remain camp. The Leave campaign, so the argument goes, played on voters' fears and exploited their low numeracy. And new research from the Online Privacy Foundation suggests this argument may, in part at least, be right. 

Over the last 18 months the organisation have researched differences in personality traits, levels of authoritarianism, numeracy, thinking styles and cognitive biases between EU referendum voters. The organisation conducted a series of studies, capturing over 11,000 responses to self-report psychology questionnaires and controlled experiments, with the final results scheduled to be presented at the International Conference on Political Psychology in Copenhagen in October 2017.

The researchers questioned voters using the "Five Factor Model" which consists of five broad personality traits - Openness, Conscientiousness, Extraversion, Agreeableness and Neuroticism. They also considered the disposition of authoritarianism (it is not considered a personality trait). Authoritarians have a more black and white view of the world around them, are more concerned with the upkeep of established societal traditions and have a tendency to be less accepting of outsiders. 

So what did they uncover? Participants expressing an intent to vote to leave the EU reported significantly higher levels of authoritarianism and conscientiousness, and lower levels of openness and neuroticism than voters expressing an intent to vote to remain. (Conscientiousness is associated with dependability, dutifulness, focus and adherence to societal norms in contrast to disorganisation, carelessness and impulsivity.)

Immigration in particular seems to have affected voting. While authoritarians were much more likely to vote Leave to begin with, those who were less authoritarian became increasingly likely to vote Leave if they expressed high levels of concern over immigration. These findings chime with research by the Professors Marc Hetherington and Elizabeth Suhay, which found that Americans became susceptible to "authoritarian thinking" when they perceived a grave threat to their safety. 

Then there's what you might call the £350m question - did Leave voters know what they were voting for? When the Online Privacy Foundation researchers compared Leave voters with Remain voters, they displayed significantly lower levels of numeracy, reasoning and appeared more impulsive. In all three areas, older voters performed significantly worse than young voters intending to vote the same way.

Even when voters were able to interpret statistics, their ability to do so could be overcome by partisanship. In one striking study, when voters were asked to interpret statistics about whether a skin cream increases or decreases a rash, they were able to interpret them correctly roughly 57 per cent of the time. But when voters were asked to interpret the same set of statistics, but told they were about whether immigration increases or decreases crime, something disturbing happened. 

If the statistics didn't support a voter's view, their ability to correctly interpret the numbers dropped, in some cases, by almost a half. 

Before Remoaners start to crow, this study is not an affirmation that "I'm smart, you're dumb". Further research could be done, for example, on the role of age and education (young graduates were far more likely to vote Remain). But in the meantime, there is a question that needs to be answered - are political campaigners deliberately exploiting these personality traits? 

Chris Sumner, from the Online Privacy Foundation, warns that in the era of Big Data, clues about our personalities are collected online: "In the era of Big Data, these clues are aggregated, transformed and sold by a burgeoning industry."

Indeed, Cambridge Analytica, a data company associated with the political right in the UK and US, states on its website that it can "more effectively engage and persuade voters using specially tailored language and visual ad combinations crafted with insights gleaned from behavioral understandings of your electorate". It will do so through a "blend of big data analytics and behavioural psychology". 

"Given the differences observed between Leave and Remain voters, and irrespective of which campaign, it is reasonable to hypothesize that industrial-scale psychographic profiling would have been a highly effective strategy," Sumner says. By identifying voters with different personalities and attitudes, such campaigns could target "the most persuadable voters with messages most likely to influence their vote". Indeed, in research yet to be published, the Online Privacy Foundation targeted groups with differing attitudes to civil liberties based on psychographic indicators associated with authoritarianism. The findings, says Sumner, illustrate "the ease with which individuals' inherent differences could be exploited". 

Julia Rampen is the digital news editor of the New Statesman (previously editor of The Staggers, The New Statesman's online rolling politics blog). She has also been deputy editor at Mirror Money Online and has worked as a financial journalist for several trade magazines. 

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