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How WikiLeaks Gags Its Own Staff

robbyyy writes "The New Statesman has just revealed the extent of the legal eccentricity and paranoia that exists at the WikiLeaks organization. The magazine published a leaked copy of the draconian and extraordinary legal gag which WikiLeaks imposes on its own staff. Clause 5 of the Confidentiality Agreement (PDF) imposes a penalty of £12,000,000 (approximately $20,000,000) on anyone who breaches this legal gag. Sounds like they don't trust their own staff."

40 of 236 comments (clear)

  1. I like it! by Capt.DrumkenBum · · Score: 3, Interesting

    I wonder how they like their documents being leaked. It would make my year if they sued over this.

    --
    If I were God, wouldn't I protect my churches from acts of me?
    1. Re:I like it! by Anonymous Coward · · Score: 3, Insightful

      Presumably, there are people out there who want to leak documents, but want to be sure that wikileaks will properly redact it so as to protect members of the armed services, etc. This policy is probably in place for their peace of mind. If leakers just wanted to dump stuff onto the internet, anyone could do that. This policy is to make sure that the leak is done right.

    2. Re:I like it! by sjames · · Score: 5, Insightful

      EXACTLY. Wikileaks can't seem to win. If they ever leak anything, people scream about how they are "endangering lives". If they do anything to control the level of detail in the leaking to address that issue, people (possibly the very same people) scream about how they limit leaking.

    3. Re:I like it! by sjames · · Score: 2

      No, I'm saying that much of the criticism they get is of limited merit and that they are unlikely to be able to do anything at all (including disband) that will satisfy all critics.

    4. Re:I like it! by tnk1 · · Score: 3, Interesting

      I'll agree with the "unable to satisfy all critics" part. If you're not pissing someone off, you're doing it wrong.

      However, the criticism that they tend to get is actually rather important. It comes down to much larger questions of what happens when you have someone freely leaking information who are not even tangentially responsible to the greater community.

      On one hand, there's no doubt that stuff gets hidden as classified for unacceptable reasons.

      On the other hand, just because people haven't been hurt yet, doesn't mean it can't happen. Half the data that an intelligence analyst looks at would be considered to be mundane, boring, or even pointless by untrained and uninformed people. A detail that seems unimportant and not dangerous to you may actually be extremely important. Having that information thrown to a group of volunteer outsiders who have no responsibility to anyone but themselves means that there is a higher chance that adequate care will not be taken, or even *cannot* be taken with that data.

      Don't get me wrong, I like seeing stuff like this, and I am not against seeing more leaks, but some of the criticism of what they have been doing is very spot on. The question is, can the leakers control themselves to a degree where the fact that people haven't been killed isn't just good luck, because that's what the low level of review of previously reviewed material has meant so far. As it stands, I imagine that some intelligence agencies are already quietly capitalizing on some of the things that came out in the diplomatic messages. You know that at least a few subjects of the candid reports are probably more than a little pissed at the US right now, and when world leaders get pissed, bad things happen.

    5. Re:I like it! by mug+funky · · Score: 4, Insightful

      i'd be surprised if diplomats from other countries don't talk about each other in as bitchy a manner as the americans do. it seems a bit naive to think having bitchings aired could spark an international incident - if anything it can help communication, now that both parties have a little bit less pretense they can talk more openly and productively.

      if diplomats are prone to hurt feelings, they're REALLY in the wrong game.

      of course, feigning offense and hurt can be good from a propaganda perspective.

      on redaction, observations so far have shown that wikileaks have redacted more information than their traditional press counterparts.

      aside from the sheer volume leaked, it seems safety per-leak has actually increased.

    6. Re:I like it! by sjames · · Score: 2

      They have harmed nobody, and have clearly taken steps meant to keep it that way including getting respected media outlets to help them in screening the information released.

      I see no evidence for the idea that the lack of deaths so far is just lucky. It's like saying that (pick any average person) just hasn't happened to go on a multi-state killing spree.

      TFA itself shows that they are working to mitigate any unacceptable leaks.

  2. As opposed to the armed forces.. by black3d · · Score: 4, Insightful

    Which threaten court martial and execution for breaching confidentiality, or a lifetime in prison. I'd take a $12 million fine which I can default on, any day of the week.

    --
    "The true measure of a person is how they act when they know they won't get caught." - DSRilk
    1. Re:As opposed to the armed forces.. by Wyatt+Earp · · Score: 4, Insightful

      The Armed Forces, where one takes an legally binding oath after volunteering, then volunteers again for the security clearance while taking another legally binding oath.

      Dude knew what he was getting into

    2. Re:As opposed to the armed forces.. by black3d · · Score: 2, Informative

      As I noted later on (http://it.slashdot.org/comments.pl?sid=2146120&cid=36100472) it appears New Statesman made up the entire angle that staff would be fined £12,000,000. Read the entire agreement start to finish, and the only penality implied by the confidentiality agreement for a breach is employment termination. Employment termination IS enforceable. The £12,000,000 fine never existed. All smoke and mirrors from folks trying to muddy Wikileaks.

      --
      "The true measure of a person is how they act when they know they won't get caught." - DSRilk
    3. Re:As opposed to the armed forces.. by krizoitz · · Score: 3, Informative

      You're right, the military and government should just let anyone leak whatever confidential information they want without consequence, no matter how much that information harms anyone else. Anyone who thinks that governments don't have legitimate reasons to limit who knows what information is out of touch with reality. What if all the intel about tracking bin Laden had been made public? Would kind of defeat the purpose of hunting someone down if you were basically broadcasting how you were doing it so they could find out. There is an old saying, knowledge is power. Well giving away all your knowledge for free puts you in the position of being exploited and powerless. Do governments sometimes take secrecy too far? Absolutely. But indiscriminate leaking of information ala WikiLeaks isn't the solution. It undermines those times when information is legitimately leakworthy, such as the Watergate scandal.

    4. Re:As opposed to the armed forces.. by Jeremiah+Cornelius · · Score: 2

      "Disinformation Wants to be FREE!"

      --
      "Flyin' in just a sweet place,
      Never been known to fail..."
    5. Re:As opposed to the armed forces.. by realityimpaired · · Score: 2

      I suspect he's complaining about the socio-economic pressures that lead to lower class/poor people having a much higher representation rate in the armed forces.

      Of course, the military still does have standards. Even the US military won't take *everyone*, and if you're going to do anything that actually requires clearance, there's a skills and IQ test you need to pass before they'll even consider you for it.

    6. Re:As opposed to the armed forces.. by Runaway1956 · · Score: 2

      That's not terribly unfair a description. Yes, a lot of people join the military because they don't see any better options in life. No job, no scholarship, join the military, or go hungry, or stay in Mama's basement? And, corporate America is perfectly happy to push youngsters into that position, because the military, in almost all instances, is "protecting" corporate interests abroad.

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    7. Re:As opposed to the armed forces.. by LordLucless · · Score: 3, Insightful

      Really? Can you list one nation which has listed Wikileaks as a criminal enterprise? (including the US).

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    8. Re:As opposed to the armed forces.. by moonbender · · Score: 2

      Don't do the crime if you can't do the time? That's a fairly simpleminded way to look at it. You need to be aware of the consequences your actions might have, but you don't have to accept them, you're well within your rights to complain about treatment you perceive as unjust and fight for better treatment (even violently, I suppose, and I don't say this lightly). Dissidents in corrupt countries almost always run afoul of some kind of law. Whether or not this applies to Manning or other Wikileaks-related people is another matter.

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    9. Re:As opposed to the armed forces.. by JAlexoi · · Score: 2

      Oh... Manning deserves to be found guilty of treason, he did break his oath. I just don't think that Assange should be charged with espionage.

    10. Re:As opposed to the armed forces.. by clickety6 · · Score: 2

      The Armed Forces, where one takes an legally binding oath after volunteering, then volunteers again for the security clearance while taking another legally binding oath.

      Yep, just like the legally binding oath the president swears to and then seems to forget as soon as convenient...

      "I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States."

      --
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    11. Re:As opposed to the armed forces.. by Vintermann · · Score: 4, Informative

      No, he did not. There are some obligations you can't sign away, among them the obligation to not perform human rights abuses or war crimes.

      According to Lamo's logs (a known liar who has every reason to demonize Manning, by the way), Manning was asked to assist in a human rights abuse - rounding up peaceful dissidents who merely published a scholarly article criticizing the Iraqi government. You are not allowed to obey an illegal order, so he tried to alert his superiors. When they told him to shut up and get back to work, rather than blowing the whistle on them, he concluded that the whole system was rotten and needed to be exposed.

      Now you may disagree about that (though if you have never been in such a situation, I don't value your opinion much) but it was not done "[out of loyalty to] to [the nations's] enemies, to give them aid and comfort" - which is the ONLY definition of treason the US constitution permits short of declaring war. Manning did what he thought was necessary to uphold his obligations to the US constitution and binding international agreements on human rights, and action taken for that reason, no matter how misguided, can never consitute treason in the US.

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    12. Re:As opposed to the armed forces.. by nosferatu1001 · · Score: 2

      Being held in conditions described as torturous does merit "whining"

      Given the USG was too scared to even allow the UN Torture commisioner the access required to assess Pvt Mannings holding conditions, it tells you this really isnt "whining" but legitimate criticism of inhuman conditions.

  3. Wow by CCarrot · · Score: 2

    How, er, ironic.

    Well, I guess it's actually just hypocritical, but it sure smells like irony to me...

    --
    "I love animals! Some are cute, others are tasty, what's not to like?" - Betsy Schroeder, Jeopardy contestant
    1. Re:Wow by CCarrot · · Score: 3, Interesting

      It's neither hypocritical nor ironic. They've never said that they would provide all the documents without redaction, in fact they've gone to great lengths to redact information that's not necessary and would be likely to reveal the sources.

      Sounds like they want to be the only ones who determine when information is 'necessary'. Redaction to prevent source identification, that I can understand, but if one of their employees feels the redaction marker has been applied a bit too liberally? What recourse then...release it to Wikileaks? Oh, wait...

      --
      "I love animals! Some are cute, others are tasty, what's not to like?" - Betsy Schroeder, Jeopardy contestant
    2. Re:Wow by CCarrot · · Score: 2

      Sorry, didn't read TFA. Just tickled my funny bone, is all.

      It's nice to know that the leaker can 'only' be fired, if we infer correctly...leaving it up to whomever the leaked information was about to take it up in civil court with that handy 'value of a significant breach' number.

      Why would they have a dollar value assigned if it weren't intended to be used somewhere? IA*definitely*NAL, so I'm honestly curious here.

      --
      "I love animals! Some are cute, others are tasty, what's not to like?" - Betsy Schroeder, Jeopardy contestant
    3. Re:Wow by black3d · · Score: 2

      Oh, it definitely is so that they can sue, both the leaker (who leaked information with known x value) and whomever is purchasing it. This is primarily to stop staff who recieve leaks from selling information to news organisations themselves, for personal gain.

      The point here is that "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." in the linked article is not true. There are several similar claims that the agreement says Wikileaks will penalize. The entire article is making the claim that WikiLeak's NDA says it can sue staff, ergo they must not trust their staff. But it's not the case. The agreement only makes the immediate remedy of an injunction against publication (ie, to stop a newspaper who bought the information from a staff member from publishing it) with the possibility of other legal remedies outside of what's laid out in the agreement.

      It's a standard NDA, with the addition of an estimated value of leaked information. Folks working in R&D departments at major corporations have similar clauses.

      --
      "The true measure of a person is how they act when they know they won't get caught." - DSRilk
  4. If I worked at wikileaks by cpu6502 · · Score: 2

    and found something damning (like Assange is a paid lackey of Putin), I sure as hell wouldn't hesitate to leak it to the press. Confidentiality agreement be damned.

    Why do these groups think these things hold any power? It's just words on a page.

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    1. Re:If I worked at wikileaks by rsborg · · Score: 5, Insightful

      and found something damning (like Assange is a paid lackey of Putin), I sure as hell wouldn't hesitate to leak it to the press. Confidentiality agreement be damned.

      Why do these groups think these things hold any power? It's just words on a page.

      It isn't meant to stop really damning truth.
      It's to stop "volunteers" from profiting immensely by pre-leaking the documents for a price.

      A monetary fine is not a a deterrent for someone "doing the right thing".

      It does deter people from profiting off the compromising of valuable data and the organization itself by altering the reward calculation.

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  5. Well by Haedrian · · Score: 2

    Given that WL 'clean up' the documents before they leak them to the media, don't you think someone who'd leak the top secret information to the media, or the entire batch of uncleaned files... would be both dangerous and would ruin WL's credibility?

  6. Actually, that's not what it says... by black3d · · Score: 5, Informative

    It appears nobody RTFPDF.

    It nowhere states that anybody is going to be fined any amount of money.

    E ... any breach by you is likely to cause loss and damage to Wikileaks including..
      d. loss of value of information
    5. The parties agree that a genuine and reasonable pre-estimate loss to WikiLeaks from a breach of this agreement based on a typical open market valuation for the information for a significant breach of the agreement is in the region of £12,000,000.

    Nowhere does it state that the signee will be liable to that value. Only that they agree they'll be terminated for a breach thereof. Agreeing to that value of a breach may open the path TO be sued for a figure in that region, however the summation that anyone who breaches will be fined £12,000,000 is a blatant falsehood.

    --
    "The true measure of a person is how they act when they know they won't get caught." - DSRilk
    1. Re:Actually, that's not what it says... by Nemyst · · Score: 2

      And we can't downvote stories anymore... Great.

      So basically the entire submission is bullshit and there isn't a whole lot to be seen.

    2. Re:Actually, that's not what it says... by FriendlyLurker · · Score: 2

      Nobody RTFPDF before stuffing the /. submission system with this crap because (A) Wikileaks just won a prestigious, rarely awarded Australian peace prize (see video here full of stuff to rile up the establishment) and (B) A US Grand jury into busting up transparency supporters, whistleblowers and Wikileaks is just warming up and calling people in to testify in secret. To negate these big-news headlines (on the world stage that is - not so much in the US it seems), the anti-whistleblower spin machine has had to invent extra negative stuff about WIkileaks today - hence this £12M "gag on it" spin. (BTW - Notice how the two factual stores on Wikileaks never made it even close to getting onto Slashdot submission. I agree with Nemyst post below - the Slashdot submission system appears to be all but owned).

  7. Psychological Warfare by Jeremiah+Cornelius · · Score: 5, Insightful

    Discredit WikiLeaks, Shoot the Messenger, Covert Operation Game Plan - as we were warned.

    --
    "Flyin' in just a sweet place,
    Never been known to fail..."
    1. Re:Psychological Warfare by moonbender · · Score: 3, Insightful

      For what it's worth, I don't have a fundamental problem with the confidentiality agreement: There is no real conflict with Wikileak's mission here, despite what many other people might claim in a kneejerk reaction. Wikileaks doesn't advocate the indiscriminate release of all information, and with any organisation dedicated to releasing confidential resources while protecting whistleblowers, secrecy is obviously a central fact of live. More so with an organisation that must be under tremendous, even violent, pressure from the US. And while I found the commercial aspects of the agreement a bit odious -- they talk about the financial damages caused by breaking the agreement -- it makes sense since, even though Wikileaks is not for profit, their media partners (e.g. the NYT, the Guardian, der Spiegel) are.

      All that said, Wikileaks is more secretive of their own organisation than is good for them, and it would not have hurt to simply be open about this confidentiality agreement: they could have posted it on their websites for potential volunteers to see, for instance. Of coure, if they had done that, everybody would have started shouting about the supposed paradoxical situation of a whistleblowing organisation having secrets themselves (hurr durr) -- ie. what's happening now.

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    2. Re:Psychological Warfare by mug+funky · · Score: 2

      12000 pound is a bit out of reach for your average basement-dwelling hacktivist.

      it smacks of L Ron Hubbard's billion year sea org contracts... a really large number just to guarantee people don't defy you.

      Assange really does need to get his paranoia and narcissism sorted out though - they are the two biggest forces working against Wikileaks right now.

    3. Re:Psychological Warfare by rtb61 · · Score: 3, Informative

      Why exactly would this document hurt Wikileaks image. For people who wish their identities to remain confidential when they release information, this penalty would be very reassuring.

      So you have, the 'New Statesman' and a junk journalist DAG, trying to put a negative spin on what many whistle blowers would find very comforting.

      So how great is the penalty that many whistle blowers suffer, well you need look no further than the psychological abuse suffered by Bradley E. Manning. So what value does that rag New Stateman and DAG, put on that, apparently nothing.

      Obviously the term 'confidential source' http://en.wikipedia.org/wiki/Confidential_source means absolutely nothing to that hack DAG or the New Statesman.

      --
      Chaos - everything, everywhere, everywhen
    4. Re:Psychological Warfare by Luckyo · · Score: 2

      12000 pound is a bit out of reach for your average basement-dwelling hacktivist.

      Hence the point of it. Don't break confidentiality agreement.

      Think of it like a doctor breaking patient confidentiality. Only in wikileaks case, fallout for "patient" is far more dramatic.

    5. Re:Psychological Warfare by Internetuser1248 · · Score: 2

      Think of it like a doctor breaking patient confidentiality. Only in wikileaks case, fallout for "patient" is far more dramatic.

      Exactly, if a doctor breaks his confidentiality agreement the patient usually doesn't end up in a cia black hole prison being tortured for the rest of their life.

  8. Re:How Ironic by Beerdood · · Score: 5, Insightful

    Oh great, here we go with the "Ironic" or "Hypocritical" comments again, another poster fails to realize the difference here.

    I'll try to explain secrecy within wikileaks once more, hopefully before a hundred other comments spout the same nonsense. Wikileaks gets information from people within the organizations. These documents or memos they receive may have the submitters information on there. Maybe they have an IP, or email address, or mailing address or something that the submitter didn't hide. So wikileaks goes to the trouble of redacting this information from these documents so the submitter doesn't get identified.

    Lets say Company A offers to bribe Country B's corrupt government to allow some dumping of chemical waste near some poor neighborhood in that country, but someone gets wind of this information floating around and submits it to wikileaks.

    Now when these two entities find out their plan was leaked, they're going to be very pissed off. There may not be that many suspects for this leak, so they might start investigating to see who sent this information. Well guess who has this information? The wikileaks staff! Company A and Country B probably have deep deep pockets and wouldn't mind getting to the bottom of this, and who knows what the hell they'll do to the guy if they ever found out who it is (see : Bradley Manning detainment conditions).

    Well the wikileaks staff are still human, and despite whatever moral integrity they have, maybe one of them can be tempted by large sums of money (as my dad used to say, Everyone has their price). So the best solution for the wikileaks organization at this point is to enforce a confidentiality agreement with an astronomical sum of money, as to potentially discourage any of their staff from leaking sensitive information that governments and organizations would love to get their hands on. Make it so whatever they might receive clearly isn't worth the 20M they'd have to pay back (assuming it was enforceable). This agreement isn't there to prevent the staff from disclosing the wikileaks budget, or to hide the fact that Julian assange uses Rogaine, or stays in 5 star hotels for conference visits. This is prevent the leakers from "mysteriously disappearing" because someone at their organization found out what they leaked.

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  9. Re:How Ironic by NoAkai · · Score: 2

    Whilst I agree (and I'd mod you up if I could), I think it is also important to be cautious that the measures taken to "prevent the leakers from "mysteriously disappearing" because someone at their organization found out what they leaked." is not also used to cover up Mr. Assange's hotel expenses and other luxuries. Donators have a right to know if their money is being used to combat wrongdoings and expose corruption, or if it's being used to give Mr. Assange a yacuzzi in his hotel room.

  10. Re:And how do they plan by Luckyo · · Score: 2

    Yes? It's a standard confidentiality agreement, upheld by courts worldwide.

    Considering the value, and danger related to the documents they handle, 12 million seems like a reasonable sum.

  11. Confiential - Fake & Gay by lixns21 · · Score: 2

    I normally do not comment here normally. But did *anyone* even click on the PDF?. Confidential is spelt as "confiential" (below the bolded 2010). A real life legal document that is not spell checked? Doh?