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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“We don’t BeLiviu”: how Romania is rising against corruption

Night after night, activists gather in Victory Square to demand the resignation of the government.

For much of the year, the large tarmac square in front of the main government building in Bucharest is little more than a glorified roundabout, busy with traffic and surrounded by towering, communist-era blocks on one side and a wedge-shaped park on the other.

But when Romanians gather to protest, as they have done these past weeks in record numbers, it becomes a place of pent-up frustration; against the ruling class, the direction in which the country is heading and the way many politicians continue to use the public purse as a source of cash for their personal use. This was not how it was supposed to be, ten years after the country joined the European Union.

On 31 January Romania’s new government, in power for less than a month, sneaked in a piece of emergency legislation during a late-night session to weaken the punishment for abuse of power, negligence while in office and conflict of interest. In effect, the move decriminalised some forms of corruption, if the financial damage caused amounted to less than roughly £38,000.

Many Romanians and international observers saw it as a brazen attempt to help politicians facing legal problems, prominent among them Liviu Dragnea, the leader of Romania’s largest political party, the Social Democrats, and the president of the Chamber of Deputies (Romania’s House of Commons). Dragnea is facing trial for supposedly getting colleagues added to the public payroll even though they do not work for the state. He is one of many public officials facing a day in court; in fact, he has already faced the courts, earning a 2015 conviction for electoral fraud that barred him from becoming prime minister despite his party’s strong showing in parliamentary elections last December.

The backlash against the ordinance was swift, as night after night tens of thousands, even hundreds of thousands, and, once, half a million took to the streets to protest. On 5 February, between 500,000 and 600,000 people protested across Romania, with 300,000 in the government square alone. Demonstrations have also taken place in 50 towns and cities in the country, as well as in the Romanian diaspora.

The government backed down on its immediate plans and repealed the decree, but trust was by then long gone. Protests are now in their third week and, despite snowfall, show little sign of ending.

“This government needs to go. You can’t be elected in December and have hundreds of thousands on the streets in a month,” said Dorial Ilie, a 33-year-old PR worker, one cold evening in the square.

Romanians are fed up with corruption. The country sits 57th in Transparency International’s corruption perceptions index – up from 69th place in 2014, but corruption remains endemic, and Romania is near the bottom of the list when it comes to EU countries.

Despite the efforts of the country’s much-admired National Anti-corruption Directorate (DNA), set up in 2003 and responsible for the successful prosecution of thousands of politicians, civil servants, judges and business leaders, there is a sense that the rich and powerful still operate as if they were above the law. This was certainly not helped by the attempts to change the anti-corruption legislation.

“They had been planning to do this for years,” said Dan Popescu, a 46-year-old priest protesting in the square, echoing the sentiments of many of those around him.

The demonstrations, the largest in the country since the fall of Nicolae Ceausescu in 1989, have been an impressive display of people power in a country that is increasingly using the streets as a communication platform. Large-scale protests in Romania also brought down the last elected government in November 2015, after corruption was blamed for a fire in a Bucharest nightclub that left 64 dead, and before that, mass protests during the 2014 presidential election, this time over mismanagement of diaspora voting, arguably helped tip the balance in favour of the now-incumbent, Klaus Iohannis.

Protesters are hoping for a similar impact this time around, although, having survived a no-confidence vote in parliament on 8 February, the new government shows little willingness to depart.

At the same time, most of those gathering night after night in Victory Square – as the drab square outside the government building is officially known – are still loudly demanding the resignation of the government, but would probably settle for the resignations of Dragnea and the prime minister, Sorin Grindeanu.

After so many nights standing out in the cold, protesters have become very creative. Elaborate banners filled with puns (“We don’t BeLiviu”) have appeared, as have messages written with lasers and projected on to nearby buildings. Some have shone the Batman symbol on to the roof of a nearby museum, a funny (or perhaps desperate) plea for help. The national anthem is often sung. On Sunday, a sea of protesters held up pieces of paper coloured over their phone lights to create a vast Romanian flag.

Despite these touches of humour and inventiveness, there is a steely determination evident and it has only grown since the first night or two.

On 13 February the national parliament approved a referendum related to the fight against corruption, as proposed by the protest-supporting president. But most of those on the streets these past weeks would argue that they have already given their opinion on the matter.

Many Romanians are increasingly frustrated that they have to head out to protest time and again in order to hold their elected officials to account. Few believe that the present political class can change. “They’ll try again, in another way. Maybe in parliament, where they have a majority,” said Ioana David, an administrative worker for a construction company.

Even so, she – like so many others – is likely to continue to go out into Victory Square in the days and perhaps weeks ahead, in order to make sure her voice gets heard.

This article first appeared in the 16 February 2017 issue of the New Statesman, The New Times