Whistleblowing: what if your CEO is a Caesar?

What are the boundaries of legitimate protest?

Charles Foster

Professor Charles Foster is a Fellow of Exeter College, Oxford, and a member of the Oxford Law Faculty.

On a conference stage, a seated speaker leans back and opines

Sam Altman, CEO of OpenAI.

TechCrunch, CC BY 2.0, via Wikimedia Commons .

If you discovered that the company you worked for was doing work that posed an existential risk to humanity, would you consider yourself entitled – or perhaps morally obliged – to blow the whistle?

This issue provoked a recent open letter from current and former employees at AI companies including Sam Altman’s OpenAI, asserting that the laws protecting whistleblowers are inadequate because they typically focus on illegal activity – and the AI companies concerned are doing nothing which is (yet) illegal. It called for companies to take a number of steps (including not entering into or enforcing agreements prohibiting the raising of risk-related concerns).

Some might say that if an employee takes the company’s money, that money should buy loyal silence, and that if the public interest demands a different approach, the remedy is the extension to risk-related concerns of existing whistleblower legislation. But unless and until that legislation is extended, should we applaud conscience-driven breaches of contract?

What about breaches of the criminal law for morally justifiable reasons – for instance to draw attention to the risks that the protestors say are associated with climate change?

The reality of modern corporate governance means that the CEO may be more practically Caesarean than a country’s government.

Christian debate about these issues has traditionally turned on two Bible texts. Paul, in writing to those in a Roman church, declares: ‘Let every person be subject to the governing authorities, for there is no authority except from God, and those authorities that exist have been instituted by God. Therefore whoever resists authority resists what God has appointed….the authority… is the agent of God.’ And Jesus, in Matthew's gospel, advises us to ‘render to Caesar that which is Caesar’s, and to God that which is God’s.’

Who are the ‘authorities’ spoken of by Paul? Who is the modern Caesar spoken of by Jesus? Presumably in each case – in a parliamentary democracy – it is the combined legislature and executive of the day. Perhaps, these days, we should translate ‘Caesar’ as ‘the social contract’. But does this mean that (if we take these injunctions seriously) we should regard ourselves as bound not to commit criminal offences (which are offences against the state), but should feel no corresponding inhibition about breaching private law obligations, such as those owed under contracts of employment? My instinct is to say that this is indeed what it means, but that is not self-evident. After all, much employment law is statutory – an emanation of Parliament, and the reality of modern corporate governance means that the CEO may be more practically Caesarean than a country’s government.

Rendering the right thing to Caesar in a theocracy such as Byzantium might mean something very different in a modern tyranny or a democracy.

Should Christians, though, feel constrained by these scriptural passages? Both Paul and Jesus seemed to think that there was little point in establishing lasting social, legal or governmental structures because the end times were just around the corner. Jesus thought that some of his audience would still be alive when the Son of Man returned to complete the messianic project without any help from any secular governor. Paul’s belief that the Second Coming of Christ was at hand was behind his advice that the unmarried (unless they really couldn’t stay celibate) should remain unmarried and get on with the urgent business of preparing for the imminent in-rush of the true Kingdom. Both Jesus and Paul were dramatically wrong about the chronology. Why, then, should we take seriously advice about the regulation of society that was based on their mistake? Should Paul’s advice to those Romans be read as pragmatism – intended by him to convince rulers that Christians wouldn’t make trouble, and that therefore the Christians should be left alone? He may have thought that a shabby compromise with secular powers didn’t matter much because it wouldn’t last long.

Even if these texts are in some meaningful sense authoritative, what do they mean for modern life? As ever, the devil (and potentially the angel) is in the detail, and Paul and Jesus left the church to work out the relevant details. There is no consensus. Rendering the right thing to Caesar in a theocracy such as Byzantium might mean something very different in a modern tyranny or a democracy. Only in a few situations is the correct answer obvious: no one would doubt that those martyred for refusing to worship the Caesar of the day had made the (or at least a) right choice. But as soon as we move away from such cases the waters get muddy. Would Paul have denounced Dietrich Bonhoeffer for the plot to kill Hitler? If so, would he have been right? It cannot be seriously argued that it is illegitimate to protest against the policies of the day, any more than it could be suggested that Paul requires us to cast our vote in favour of the currently ruling party.

What, then, are the boundaries of legitimate protest?

Suppose that AI really does pose a threat to the whole of humanity. Does ‘rendering to God’ not then demand, in a private law context, that the whistle be blown, even if it involves a breach of a contractual obligation? It seems at least arguable.

Is a breach of the criminal law – for instance in the case of climate change protestors – different? It may well be.

In England the law has evolved a nuanced approach to ethically motivated criminality. That approach was recently displayed in the sentencing of five Extinction Rebellion activists for criminal damage to the premises of a bank. The judge accepted that each defendant believed that the bank was culpably involved in funding fossil fuel extraction projects, and that such projects endangered the planet. He noted that Lord Hoffman had said: ‘People who break the law to affirm their belief in the injustice of a law or government action are sometimes vindicated by history [for instance the suffragettes]. It is the mark of a civilized community that it can accommodate protests and demonstrations of this kind. But there are conventions which are generally accepted by the law-breakers on one side and the law-enforcers on the other. The protestors behave with a sense of proportion and do not cause excessive damage or inconvenience. And they vouch the sincerity of their beliefs by accepting the penalties imposed by the law.’ In return, he went on, the state behaves with restraint, and the judiciary imposes sentences which take the conscientious motives into account.

This approach, said the sentencing judge, amounts to a ‘social compact between the courts and protestors.’

Perhaps, in the realm of the criminal law, that sort of social compact encodes the relevant moral and theological principles as well as anything can.

Explainer

Culture

Digital

16 July 2024

6 min read

Tech has changed: it’s no longer natural or neutral

The first in a three-part series exploring the implications of technology.

James Lawrence

James is Canon Missioner at Blackburn Cathedral. He researches technology and theology at Oxford University.

A caveman holding a hammer looks at a bench on which are a broken bicycle and a laptop.

Nick Jones/Midjourney.ai.

My son was born in February last year and it seems that every day he is developing new skills or facial expressions and adorable quirks. Just the other day he was playing with some wooden blocks and when they inevitably fell over, he let out the most adorable giggle. As you can guess I immediately reached for my phone so that I could capture the moment. Moments like this happen all the time in the life of a modern parent- we want to share with our spouse, family, and friends or just capture the moment for ourselves because it’s something we treasure. And yet, in this series of articles I would like to consider this moment, and the thousands like it that take place in a technological society, and ask: is everything as benign as it seems?

There are two ideas that often come up whenever people talk about technology. The first is that technology is basically ‘neutral’, that technology only becomes good or bad depending on what you are doing with it. “Look at a hammer,” someone might say, “there is nothing intrinsically good or bad about this hammer, only the end result is good or bad depending on whether I’m using it to hit nails or people!” On this reading of technology, the only important questions relate to the consequences of use.

If technology is neutral, then the primary concern for users, legislators and technologists is the consequences of technology, and not the technology itself. The only way to ensure that the technology is used for good is to ensure, somehow, that more good people will use the technology for good things than bad people using it for bad things. Often this idea will present itself as a conversation about competing freedoms: very few people (with some important exceptions, see this article from Ezra Klein) are debating whether there is something intrinsically problematic about the app formerly known as Twitter, most discussion revolves around how to maintain the freedom of good users while curtailing the freedom of bad users.

We assume that these tools of social interaction like Facebook and Instagram are, in and of themselves, perfectly benign. We are encouraged to think this by massive corporations who have a vested interest in maintaining our use of their platforms, and at first glance, they seem completely harmless: what could possibly be the problem with a website in which grandma can share photos of her cat? And while the dark underbelly of these platforms has violent real-world consequences – like the rise of antisemitism and anti-Muslim hatred – the solution is primarily imagined as a matter of dealing with ‘bad actors’ rather than anything intrinsically problematic with the platforms themselves.

Jobs here draws a straight-line comparison between the bicycle and the PC. As far as Jobs is concerned, there is no quantitative difference in kind between the two tools.

The second idea is related but somewhat different: Advocates of modern technology will suggest that humanity has been using technology ever since there were humans and therefore all this modern technology is not really anything to worry about. “Yes, modern technology looks scary,” someone might say, “but it’s really nothing to worry about, humans have been using tools since the Stone Age don’t you know!” This view proposes that because hammers are technology, and all technology is the same, there is, therefore, no difference between a hammer and the internet, or between the internet and a cyborg.

This second idea tends to be accompanied by an emphasis on the slow and steady evolution of technology and by highlighting the fact that at every major technological advancement there have been naysayers decrying the latest innovation. (Even Plato was suspicious of writing when that was invented). Taken as part of a very long view of human history, the technological innovations of the last 100 years seem to be a normal and natural part of the evolution of our species which has always set itself apart from the rest of the animal kingdom in its use of technology.

Steve Jobs gives a good example of this in an interview he gave about the development PC:

“I think one of the things that really separates us from the high primates is that we’re tool builders. I read a study that measured the efficiency of locomotion for various species on the planet. The condors used the least energy to move a kilometer. And humans came in with a rather unimpressive showing about a third of the way down the list… not too proud of a showing for the crown of creation… But then somebody at Scientific American had the insight to test the efficiency of locomotion for a man on a bicycle. And a human on a bicycle blew the condor away – completely off the top of the charts.

And that’s what a computer is to me… It’s the most remarkable tool we’ve ever come up with… It’s the equivalent of a bicycle for our minds”

Notice that Jobs here draws a straight-line comparison between the bicycle and the PC. As far as Jobs is concerned, there is no quantitative difference in kind between the two tools: one is more complex than the other but otherwise, they are just technologies that expand human capacity. “A Bicycle for our minds” is a fascinating way to describe a computer because it implies that nothing about our minds will be changed, they’ll just be a little bit faster.

And yet, despite the attempts of thought leaders like Jobs to convince us that modern technology is entirely benign, many of us are left with a natural suspicion that there is more going on. As a priest in the Church of England, I often have conversations with parishioners and members of the public who are looking for language or a framework which describes the instinctive recognition that something has changed at some point (fairly recently) about the nature of the technology that we use, or the way that it influences our lives. That modern technology is not simply the natural extension of the sorts of tools that humans have been using since the Stone Age and that modern technology is not neutral but in significant ways has already had an effect regardless of how we might use it. How do we respond to such articulate and thoughtful people such as Steve Jobs who make a compelling case that modern technology is neutral and natural?

I often have conversations with parishioners who are looking for language or a framework which describes the instinctive recognition that something has changed about the nature of the technology that we use, or the way that it influences our lives.

Thinking back to that moment with my son when he giggles and I take a photo of him, at first glance it seems completely innocuous. But what resources are available if I did want to think more carefully about that moment (and the many like it) which suffuse my daily life? Thankfully there is a growing body of literature from philosophers and theologians who are thinking about the impact of modern technology on the human condition. In the next two articles I would like to introduce the work of Martin Heidegger, outline his criticism of modern technology, showing how he challenges the idea that technology is simply a natural extension of human capacity or a neutral tool.

Heidegger is a complex character in philosophy and in Western history. There is no getting around the fact that he was a supporter of the Nazi Party during the second world war. His politics have been widely condemned and rightly so, nevertheless, his insights on the nature of modern technology continue to this day to provide insights that are useful. His claim is that modern technology essentially and inevitably changes our relationship with the world in which we live and even with ourselves. It is this claim, and Heidegger’s suggested solution, that I will unpack in the next two articles.