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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In the race to be France's next president, keep an eye on Arnaud Montebourg

Today's Morning Call. 

Good morning. As far as the Brexit talks are concerned, the least important voters are here in Britain. Whether UK plc gets a decent Brexit deal depends a lot more on who occupies the big jobs across Europe, and how stable they feel in doing so.

The far-right Freedom Party in Austria may have been repudiated at the presidential level but they still retain an interest in the legislative elections (due to be held by 2018). Both Lega Nord and Five Star in Italy will hope to emerge as the governing party at the next Italian election.

Some Conservative MPs are hoping for a clean sweep for the Eurosceptic right, the better to bring the whole EU down, while others believe that the more vulnerable the EU is, the better a deal Britain will get. The reality is that a European Union fearing it is in an advanced state of decay will be less inclined, not more, to give Britain a good deal. The stronger the EU is, the better for Brexit Britain, because the less attractive the exit door looks, the less of an incentive to make an example of the UK among the EU27.

That’s one of the many forces at work in next year’s French presidential election, which yesterday saw the entry of Manuel Valls, the French Prime Minister, into the race to be the Socialist Party’s candidate.

Though his star has fallen somewhat among the general public from the days when his opposition to halal supermarkets as mayor of Evry, and his anti-Roma statements as interior minister made him one of the most popular politicians in France, a Valls candidacy, while unlikely to translate to a finish in the top two for the Socialists could peel votes away from Marine Le Pen, potentially allowing Emanuel Macron to sneak into second place.

But it’s an open question whether he will get that far. The name to remember is Arnaud Montebourg, the former minister who quit Francois Hollande’s government over its right turn in 2014. Although as  Anne-Sylvaine Chassany reports, analysts believe the Socialist party rank-and-file has moved right since Valls finished fifth out of sixth in the last primary, Montebourg’s appeal to the party’s left flank gives him a strong chance.

Does that mean it’s time to pop the champagne on the French right? Monteburg may be able to take some votes from the leftist independent, Jean-Luc Mélenchon, and might do some indirect damage to the French Thatcherite Francois Fillon. His supporters will hope that his leftist economics will peel away supporters of Le Pen, too.

One thing is certain, however: while the chances of a final run-off between Le Pen and Fillon are still high,  Hollande’s resignation means that it is no longer certain that the centre and the left will not make it to that final round.

THE SOUND OF SILENCE

The government began its case at the Supreme Court yesterday, telling justices that the creation of the European Communities Act, which incorporates the European treaties into British law automatically, was designed not to create rights but to expedite the implementation of treaties, created through prerogative power. The government is arguing that Parliament, through silence, has accepted that all areas not defined as within its scope as prerogative powers. David Allen Green gives his verdict over at the FT.

MO’MENTUM, MO’PROBLEMS

The continuing acrimony in Momentum has once again burst out into the open after a fractious meeting to set the organisation’s rules and procedures, Jim Waterson reports over at BuzzFeed.  Jon Lansman, the organisation’s founder, still owns the data and has the ability to shut down the entire group, should he chose to do so, something he is being urged to do by allies. I explain the origins of the crisis here.

STOP ME IF YOU’VE HEARD THIS ONE  BEFORE

Italy’s oldest bank, Monte Paschi, may need a state bailout after its recapitalisation plan was thrown into doubt following Matteo Renzi’s resignation. Italy’s nervous bankers will wait to see if  €1bn of funds from a Qatari investment grouping will be forthcoming now that Renzi has left the scene.

BOOM BOOM

Strong growth in the services sector puts Britain on course to be the highest growing economy in the G7. But Mark Carney has warned that the “lost decade” of wage growth and the unease from the losers from globalisation must be tackled to head off the growing tide of “isolation and detachment”.

THE REPLACEMENTS

David Lidington will stand in for Theresa May, who is abroad, this week at Prime Ministers’ Questions. Emily Thornberry will stand in for Jeremy Corbyn.

QUIT PICKING ON ME!

Boris Johnson has asked Theresa May to get her speechwriters and other ministers to stop making jokes at his expense, Sam Coates reports in the Times. The gags are hurting Britain’s diplomatic standing, the Foreign Secretary argues.

AND NOW FOR SOMETHING COMPLETELY DIFFERENT

It’s beginning to feel a bit like Christmas! And to help you on your way, here’s Anna’s top 10 recommendations for Christmassy soundtracks.

MUST READS

Ian Hislop on the age of outrage

The lesson of 2016: identity matters, even for white people, says Helen

Why I’m concerned about people’s “very real concerns” on migration

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Stephen Bush is special correspondent at the New Statesman. His daily briefing, Morning Call, provides a quick and essential guide to British politics.