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.)

Joshua M. Jones for Emojipedia
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The emojis proposed for release in 2016 are faintly disturbing

Birds of prey, dead flowers and vomit: Emojipedia's vision for 2016. 

Since, as we're constantly being told, emojis are now the fastest growing languge in the UK, it seems only appropriate that its vocabulary should expand to include more commonly used images or ideas as its popularity increases. 

Next year, the Unicode Consortium, which decides which new codes can be added to the emoji dictionary, will approve a new round of symbols. So far, 38 suggestions have been accepted as candidates for the final selection. Emojipedia, an online emoji resource, has taken it upon itself to mock up the new symbols based on the appearance of existing emojis (though emojis are designed slightly differently by different operating systems like Apple or Android). The full list will be decided by Unicode in mid-2016. 

As it stands, the new selection is a little... well, dark. 

First, there are the faces: a Pinnochio-nosed lying face, a dribbling face, a nauseous face, an upset-looking lady and a horrible swollen clown head: 

Then there's what I like to call the "melancholy nighttime collection", including a bat, owl, fox, blackened heart and dying rose: 

Here we have a few predators, thrown in for good measure, and a stop sign:

There are a few symbols of optimism amid the doom and gloom, including a pair of crossed fingers, clinking champagne glasses and smiling cowboy, plus a groom and prince to round out the bride and princess on current release. (You can see the full list of mock-ups here). But overall, the tone is remarkably sombre. 

Perhaps as emoji become ever more popular as a method of communication, we need to accept that they must represent the world in all its darkness and nuance. Not every experience deserves a smiley face, after all. 

All mock-ups: Emojpedia.

Barbara Speed is a technology and digital culture writer at the New Statesman and a staff writer at CityMetric.