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

30 July 2024

5 min read

How tech harvests our humanity

The second 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.

In the first article, I painted a picture of the ordinary person using modern technology, for example, social media on a smart phone. I noted that advocates for modern technology seem to have two basic principles: that technology is natural and neutral. In this next article I want to introduce the philosophy of Martin Heidegger and show how he pushes against these two basic principles and invites us to think again about modern technology. Heidegger’s instinct, as a twentieth century philosopher, is to be suspicious that things are not as they seem, he casts his suspicious gaze over modern technology and sees a way of being that technology encourages that exists underneath the technologies that we use every day.

What Heidegger wants to show us about modern technology is not related to specific concerns about particular technologies but instead a general suspicion about the ‘essence’ of technology, or, you could say, the spirit of technology. He doesn’t want us to immediately jump to pragmatic questions about how to use technology, as if the primary question is how to make any given technology better or more moral. Instead, Heidegger wants us to take modern technology together as a whole and ask, “What is the essence of this?” Heidegger’s contention is that “technology is not an object or set of objects, nor a way of handling objects with tools, but a form of being the world. It is not something we choose to refuse, but the environment in which modern humans come into existence.”

Heidegger argues that underneath any piece of tech that we might use in our day-to-day lives, technology at its core has already completely changed the way that we as a society understand and interact with the world and everything in it. We live in a technological age and as members of a technological society and so we have been shaped by (to use Christian language, we have been ‘discipled’ by) the spirit of the age to see the world around us. Heidegger suggests that we now see the world as broken down into useable bits that can be categorised and reformed to suit our needs. As Mark Wrathall puts it, the essence of technology is to train us to “experience the world as calling on us or drawing us. To transform everything into stock pieces, so that they can be placed into a vast inventory of options.”[2] Growing up in a technological society means that we see the whole world as an Amazon warehouse a place of seemingly limitless options that can be called upon depending on our needs and quickly delivered.

A piece of technology such as the smartphone points to a wider ‘spirit’ of technology which intends to position everything, even human beings, as replaceable resources within a larger system.

The central word that Heidegger uses to describe the essence of technology is gestell which is not an easy word to translate into English, but two possible translations would be ‘positionality’, or ‘enframing’. His point is that the essence of technology is to remove objects, people, and things from their natural environment and position them so that they might become useful, a resource, available for our manipulation. When Heidegger says that the essence of technology is gestell he is pointing to the way that modern technology extracts objects from their contexts and turns them into a quarry to the plundered. There are of course obvious ways in which humanity has always extracted resources from the natural world: we have always quarried for energy (coal, oil etc) or chopped down forests for wood. By claiming that the essence of modern technology is gestell, Heidegger wants us to notice that in the modern world, it’s not just quarries or forests that we mine for resources but now anything and everything can be turned from being a singular object in the world into a recourse for extraction. Everything has become what Heidegger calls “standing reserve.”

Think again of a smartphone, it is just one of the billions of devices that sit on shelves or, having already been purchased, live in someone else’s pocket. Inside each device are thousands of transistors and circuit boards each of which again are stockpiled in warehouses ready to be replaced if needed or used for some other purpose. Your phone is connected to a network of nodes each of which can be replicated or replaced if needed, no node is unique. Your latest phone has no unique or prize relation to you, it’s just the latest upgrade which will be recycled in a year or two when the next upgrade becomes available. The person from whom you bought the phone is equally replaceable, just a faceless employee completing a set of controlled and pre-arranged tasks that are designed to be completed by anyone and no one in particular. Likewise, you as the consumer are considered to be little more than “standing reserve” by the companies that supply you with your smartphone and access to their networks. One of many millions of nodes in their system that has been analysed so that your preferences can be expertly mapped to the range of services that they provide. Within that system, you are completely replaceable. A piece of technology such as the smartphone points to a wider ‘spirit’ of technology which intends to position everything, even human beings, as replaceable resources within a larger system: “Every item within this standing reserve is reduced to a position, actively waiting to be called on. Heidegger insists this is no judgment on the radio, the internet, or the smartphone user. It is just the way in which the essence of modern technology interacts with humanity… Heidegger provides a diagnosis of our modern age and the way in which we humans have placed ourselves under the sway of modern technology, as a resource standing within a network which seeks, ultimately, to place, represent, and think of every entity as an object within an all-encompassing system.”

Let’s return to the original thought experiment at the start of the first article: a mother playing with her child, who immediately reaches for her phone to capture the moment when her child does something particularly cute. An advocate for modern technology, like Steve Jobs, may look at that interaction and see only the benefit: a mother wanting to remember a beautiful moment with her child extends the capacities of her brain using a digital tool to aid her memory. But Heidegger would be more suspicious, he would look at that moment and argue instead that the essence of technology is to turn everything, even a precious moment with a cute baby, into a resource to be used at a later date. The unique moment of joy and delight between parent and child becomes caught and codified such that it can be found and replayed at will or easily replicated to send to others. At the extreme end of the spectrum are so-called content creators who reduce themselves to just another resource to be harvested on social media.

So that is Heidegger’s diagnosis of our technological age, in the final article in this series we will consider Heidegger’s solution and consider what a particularly Christian response to Heidegger’s diagnosis might look like.