Article
AI
Creed
Ethics
5 min read

Whistleblowing: what if your CEO is a Caesar?

What are the boundaries of legitimate protest?

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.  

1,000th Article
AI
Creed
Death & life
Digital
6 min read

AI deadbots are no way to cope with grief

The data we leave in the cloud will haunt and deceive those we leave behind.

Graham is the Director of the Centre for Cultural Witness and a former Bishop of Kensington.

A tarnished humaniod robot rests its head to the side, its LED eyes look to the camera.
Nicholas Fuentes on Unsplash.

What happens to all your data when you die? Over the years, like most people, I've produced a huge number of documents, letters, photos, social media posts, recordings of my voice, all of which exist somewhere out there in the cloud (the digital, not the heavenly one). When I die, what will happen to it all? I can't imagine anyone taking the time to climb into my Dropbox folder or Instagram account and delete it all? Does all this stuff remain out there cluttering up cyberspace like defunct satellites orbiting the earth?  

The other day I came across one way it might have a future - the idea of ‘deadbots’. Apparently, AI has now developed to such an extent that it can simulate the personality, speech patterns and thoughts of a deceased person. In centuries past, most people did not leave behind much record of their existence. Maybe a small number of possessions, memories in the minds of those who knew them, perhaps a few letters. Now we leave behind a whole swathe of data about us. AI is now capable of taking all this data and creating a kind of animated avatar, representing the deceased person, known as a ‘deadbot’ or even more weirdly, a ‘griefbot’. 

You can feel the attraction. An organisation called ‘Project December’ promises to ‘simulate the dead’, offering a ghostly video centred around the words ‘it’s been so long: I miss you.’ For someone stricken with grief, wondering whether there's any future in life now that their loved one has gone, feeling the aching space in the double bed, breakfast alone, the silence where conversation once filled the air, the temptation to be able to continue to interact and talk with a version of the deceased might be irresistible. 

There is already a developing ripple of concern about this ‘digital afterlife industry’. A recent article in Aeon explored the ethical dilemmas. Researchers in Cambridge University have already called for the need for safety protocols against the social and psychological damage that such technology might cause. They focus on the potential for unscrupulous marketers to spam surviving family or friends with the message that they really need XXX because ‘it's what Jim would have wanted’. You can imagine the bereaved ending up being effectively haunted by the ‘deadbot’, and unable to deal with grief healthily. It can be hard to resist for those whose grief is all-consuming and persistent. 

Yet it's not just the financial dangers, the possibility of abuse that troubles me. It's the deception involved which seems to me to operate in at a number of ways. And it's theology that helps identify the problems.  

The offer of a disembodied, AI-generated replication of the person is a thin paltry offering, as dissatisfying as a Zoom call in place of a person-to-person encounter. 

An AI-generated representation of a deceased partner might provide an opportunity for conversation, but it can never replicate the person. One of the great heresies of our age (one we got from René Descartes back in the seventeenth century) is the utter dualism between body and soul. It is the idea that we have some kind of inner self, a disembodied soul or mind which exists quite separately from the body. We sometimes talk about bodies as things that we have rather than things that we are. The anthropology taught within the pages of the Bible, however, suggests we are not disembodied souls but embodied persons, so much so that after death, we don't dissipate like ethereal ‘software’ liberated from the ‘hardware’ of the body, but we are to be clothed with new resurrection bodies continuous with, but different from the ones that we possess right now. 

We learned about the importance of our bodies during the COVID pandemic. When we were reduced to communicating via endless Zoom calls, we realised that while they were better than nothing, they could not replicate the reality of face-to-face bodily communication. A Zoom call couldn't pick up the subtle messages of body language. We missed the importance of touch and even the occasional embrace. Our bodies are part of who we are. We are not souls that happen to temporarily inhabit a body, inner selves that are the really important bit of us, with the body an ancillary, malleable thing that we don't ultimately need. The offer of a disembodied, AI-generated replication of the person is a thin paltry offering, as dissatisfying as a virtual meeting in place of a person-to-person encounter. 

Another problem I have with deadbots, is that they fix a person in time, like a fossilised version of the person who once lived. AI can only work with what that person has left behind - the recordings, the documents, the data which they produced while they were alive. And yet a crucial part of being human is the capacity to develop and change. As life continues, we grow, we shift, our priorities change. Hopefully we learn greater wisdom. That is part of the point of conversation, that we learn things, it changes us in interaction with others. There is the possibility of spiritual development of maturity, of redemption. A deadbot cannot do that. It cannot be redeemed, it cannot be transformed, because it is, to quote U2, stuck in a moment, and you can’t get out of it.  

This is all of a piece with a general trajectory in our culture which is to deny the reality of death. For Christians, death is an intruder. Death - or at least the form in which we know it, that of loss, dereliction, sadness - was not part of the original plan. It doesn't belong here, and we long for the day when one day it will be banished for good. You don’t have to be a Christian to feel the pain of grief, but paradoxically it's only when you have a firm sense of hope that death is a defeated enemy, that you can take it seriously as a real enemy. Without that hope, all you can do is minimise it, pretend it doesn't really matter, hold funerals that try to be relentlessly cheerful, denying the inevitable sense of tragedy and loss that they were always meant to express.  

Deadbots are a feeble attempt to try to ignore the deep gulf that lies between us and the dead. In one of his parables, Jesus once depicted a conversation between the living and the dead:  

“between you and us a great chasm has been fixed, so that those who might want to pass from here to you cannot do so, and no one can cross from there to us.”  

Deadbots, like ‘direct cremations’, where the body is disposed without any funeral, denying the bereaved the chance to grieve, like the language around assisted dying that death is ‘nothing at all’ and therefore can be deliberately hastened, are an attempt to bridge that great chasm, which, this side of the resurrection, we cannot do. 

Deadbots in one sense are a testimony to our remarkable powers of invention. Yet they cannot ultimately get around our embodied nature, offer the possibility of redemption, or deal with the grim reality of death. They offer a pale imitation of the source of true hope - the resurrection of the body, the prospect of meeting our loved ones again, yet transformed and fulfilled in the presence of God, even if it means painful yet hopeful patience and waiting until that day. 

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