Why I signed the WikiLeaks NDA

Becky Hogge offers some thoughts on the WikiLeaks gagging order story.

I confess I didn't think too hard before I signed a non-disclosure agreement with WikiLeaks in October 2010. It helped that I wasn't planning on doing anything to undermine the organisation's operations, that the penalty mentioned for doing so was a mere £100,000 – and not the £12m detailed in the document released by the New Statesman last week – and that, unlike last week's document, there was no clause gagging me from speaking about Wikileaks's own operations. I skim-read the document, noted how badly drafted it was, saw it was to expire a fortnight or so later, and took my chances.

As a result, I got something I have taken to regarding as a quaint souvenir from the heady days of information anarchism, embellished with the signature of the world's most wanted man. I'm not particularly proud of this attitude, especially as I ended up doing almost no work for the organisation in exchange for my trinket.

What a cynical and misleading headline for a blog post, you might be thinking, and you'd be right. But then, isn't that sort of eye-catching sensationalism the stock-in-trade of the mainstream press? Yes, it is, and that's the point.

In his original post accompanying the leaked NDA, David Allen Green writes that there is "no other sensible way of interpreting" the £12m penalty clause it contains than as an indicator that WikiLeaks regards itself as "a commercial organisation in the business of owning and selling leaked information". I would like to offer him an alternative interpretation, one I hope he finds sensible.

I would like to suggest that what WikiLeaks has been attempting to do is engage with the commercial media on its own terms, in order to draw more attention to the material it leaks. Or, to put it in more theoretical terms, to create artificial scarcity in an environment of information abundance, in order to make its operations compatible with the commercial operations of the world of newspapers.

Think of it as the economics of the scoop: if everyone has access to WikiLeaks's material, it is of very little value to any one news organisation, and therefore no news organisation is likely to invest the time needed to research, interpret and contextualise it. As David Allen Green himself observes in a subsequent post: "The commercial value in the information is firmly connected to the "exclusivity" of these commercial agreements." By giving selected news organisations exclusive access to material for a window of time, WikiLeaks can make sure the material will have maximum impact.

This isn't just guesswork. Julian Assange and Daniel Domscheit-Berg laid out this strategy about six months before the release of the Afghan War Logs, at the December 2009 Chaos Computer Congress in Berlin (eight minutes in to this video, and continuing in this video). Having explained their intentions, Assange concludes: "If we release the material and it has no political impact, we're not doing our job."

The flipside of this approach, as many have pointed out in the comments to David's original post, is that once that window of exclusivity ends, WikiLeaks can and does publish a dossier of information in its entirety. Thus it gets all the benefits of working with the mainstream press, including the sensationalism and misleading headlines, while also guaranteeing we can all look at the original documents and decide for ourselves.

By contrast, the diplomatic cables, which escaped WikiLeaks's control once they "leaked" from the organisation, possibly in the time before NDAs such as the one I signed became standard practice, have yet to be fully disclosed in the same way. That keeps us in thrall to the agendas of the news organisations that do have access to the full set of cables, a situation for which I believe we the public are so much the poorer.

Julian Assange could well be a little emperor, the NDA certainly is poorly drafted, and it may be terrible PR. But remember that WikiLeaks is an organisation conceived and run by computer hackers. Underlying the contract is a complex logic that is ultimately consistent with the aims of a non-profit organisation that seeks to support – and not exploit – the bravery of whistleblowers.

Becky Hogge is a writer and technologist.

Becky Hogge is a writer and technologist. She was formerly the technology director of award-winning current affairs website openDemocracy.net, and Executive Director of the Open Rights Group, a grassroots digital civil liberties organisation.
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Why Barack Obama was right to release Chelsea Manning

A Presidential act of mercy is good for Manning, but also for the US.

In early 2010, a young US military intelligence analyst on an army base near Baghdad slipped a Lady Gaga CD into a computer and sang along to the music. In fact, the soldier's apparently upbeat mood hid two facts. 

First, the soldier later known as Chelsea Manning was completely alienated from army culture, and the callous way she believed it treated civilians in Iraq. And second, she was quietly erasing the music on her CDs and replacing it with files holding explosive military data, which she would release to the world via Wikileaks. 

To some, Manning is a free speech hero. To others, she is a traitor. President Barack Obama’s decision to commute her 35-year sentence before leaving office has been blasted as “outrageous” by leading Republican Paul Ryan. Other Republican critics argue Obama is rewarding an act that endangered the lives of soldiers and intelligence operatives while giving ammunition to Russia. 

They have a point. Liberals banging the drum against Russia’s leak offensive during the US election cannot simultaneously argue leaks are inherently good. 

But even if you think Manning was deeply misguided in her use of Lady Gaga CDs, there are strong reasons why we should celebrate her release. 

1. She was not judged on the public interest

Manning was motivated by what she believed to be human rights abuses in Iraq, but her public interest defence has never been tested. 

The leaks were undoubtedly of public interest. As Manning said in the podcast she recorded with Amnesty International: “When we made mistakes, planning operations, innocent people died.” 

Thanks to Manning’s leak, we also know about the Vatican hiding sex abuse scandals in Ireland, plus the UK promising to protect US interests during the Chilcot Inquiry. 

In countries such as Germany, Canada and Denmark, whistle blowers in sensitive areas can use a public interest defence. In the US, however, such a defence does not exist – meaning it is impossible for Manning to legally argue her actions were in the public good. 

2. She was deemed worse than rapists and murderers

Her sentence was out of proportion to her crime. Compare her 35-year sentence to that received by William Millay, a young police officer, also in 2013. Caught in the act of trying to sell classified documents to someone he believed was a Russian intelligence officer, he was given 16 years

According to Amnesty International: “Manning’s sentence was much longer than other members of the military convicted of charges such as murder, rape and war crimes, as well as any others who were convicted of leaking classified materials to the public.”

3. Her time in jail was particularly miserable 

Manning’s conditions in jail do nothing to dispel the idea she has been treated extraordinarily harshly. When initially placed in solitary confinement, she needed permission to do anything in her cell, even walking around to exercise. 

When she requested treatment for her gender dysphoria, the military prison’s initial response was a blanket refusal – despite the fact many civilian prisons accept the idea that trans inmates are entitled to hormones. Manning has attempted suicide several times. She finally received permission to receive gender transition surgery in 2016 after a hunger strike

4. Julian Assange can stop acting like a martyr

Internationally, Manning’s continued incarceration was likely to do more harm than good. She has said she is sorry “for hurting the US”. Her worldwide following has turned her into an icon of US hypocrisy on free speech.

Then there's the fact Wikileaks said its founder Julian Assange would agree to be extradited to the US if Manning was released. Now that Manning is months away from freedom, his excuses for staying in the Equadorian London Embassy to avoid Swedish rape allegations are somewhat feebler.  

As for the President - under whose watch Manning was prosecuted - he may be leaving his office with his legacy in peril, but with one stroke of his pen, he has changed a life. Manning, now 29, could have expected to leave prison in her late 50s. Instead, she'll be free before her 30th birthday. And perhaps the Equadorian ambassador will finally get his room back. 

 

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