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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Will Jeremy Corbyn stand down if Labour loses the general election?

Defeat at the polls might not be the end of Corbyn’s leadership.

The latest polls suggest that Labour is headed for heavy defeat in the June general election. Usually a general election loss would be the trigger for a leader to quit: Michael Foot, Gordon Brown and Ed Miliband all stood down after their first defeat, although Neil Kinnock saw out two losses before resigning in 1992.

It’s possible, if unlikely, that Corbyn could become prime minister. If that prospect doesn’t materialise, however, the question is: will Corbyn follow the majority of his predecessors and resign, or will he hang on in office?

Will Corbyn stand down? The rules

There is no formal process for the parliamentary Labour party to oust its leader, as it discovered in the 2016 leadership challenge. Even after a majority of his MPs had voted no confidence in him, Corbyn stayed on, ultimately winning his second leadership contest after it was decided that the current leader should be automatically included on the ballot.

This year’s conference will vote on to reform the leadership selection process that would make it easier for a left-wing candidate to get on the ballot (nicknamed the “McDonnell amendment” by centrists): Corbyn could be waiting for this motion to pass before he resigns.

Will Corbyn stand down? The membership

Corbyn’s support in the membership is still strong. Without an equally compelling candidate to put before the party, Corbyn’s opponents in the PLP are unlikely to initiate another leadership battle they’re likely to lose.

That said, a general election loss could change that. Polling from March suggests that half of Labour members wanted Corbyn to stand down either immediately or before the general election.

Will Corbyn stand down? The rumours

Sources close to Corbyn have said that he might not stand down, even if he leads Labour to a crushing defeat this June. They mention Kinnock’s survival after the 1987 general election as a precedent (although at the 1987 election, Labour did gain seats).

Will Corbyn stand down? The verdict

Given his struggles to manage his own MPs and the example of other leaders, it would be remarkable if Corbyn did not stand down should Labour lose the general election. However, staying on after a vote of no-confidence in 2016 was also remarkable, and the mooted changes to the leadership election process give him a reason to hold on until September in order to secure a left-wing succession.

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