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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."

9 of 236 comments (clear)

  1. 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 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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      xkcd is not in the sudoers file. This incident will be reported.
  2. 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
  3. 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..."
  4. 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.

  5. 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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  6. 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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    Global warming and other natural disasters are a direct effect of the shrinking number of pirates - Gospel of the FSM
  7. 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.