Tag Archives: compliance

The Burgundy Ribbon Rule

BurgundyRibbonsCalPERS

Another rule, and for the time being, at least, I am happy* with the wording here: an abuse of asking almost always presents an abuse of power.

Take the case of burgundy affair at the public pension fund CalPERS, as documented by Yves Smith over at Naked Capitalism.

This past fall, documents obtained by Smith show, CalPERS CEO Marcie Frost “asked the CalPERS senior leadership team to wear burgundy to show their support for her” as she faced questions about representations she had made regarding her educational background before and after she was hired. Burgundy ribbons were set out in break rooms with messages urging the “Team” to wear one in a show of support. “No pressure and no problem if you do not want to do this,” the message reads, “it is completely voluntary.” Completely.

“This is obviously inappropriate,” writes Smith,

since a request made by a CEO is effectively an order. CalPERS executives and employees are civil servants, not Frost’s personal retainers. As an expert on managerial and political conduct reacted:

I don’t even know what category to put this in. A scandal-plagued boss orchestrating support by inventing gang colors and pressuring employees to wear them? What happens to the employees who don’t perform this ritual of fealty? Should they be polishing their resumés and practicing their swimming skills?

These incidents smack of underlying panic. Frost is working overtime to shore up her position as CEO in the face of fully deserved questions regarding her long history of misrepresentations about her background, which include committing perjury in Washington on a gubernatorial questionnaire. Not only is Frost pushing her subordinates far too hard to back her up, since they can only do so much for her and coercing them will diminish their good will, she is also showing a lack of a sense of professional boundaries….

Frost’s burgundy campaign may well have crossed the line into creating a hostile work environment. One senior staff member who came to the office and saw the “dress burgundy” request too late to comply issued a written apology. Similarly, when “asked” to wear burgundy to an offsite, one [employee] who wears only black and white felt compelled to buy a burgundy outfit to comply…

…word clearly got around quickly, including the notion that non-compliance was risky.

I am still fussing over the word “presents,” and I’ve considered “masks” and variations in that direction, as well as “declares,” “represents” or “signals.” That one abuse (presenting an order as a request) almost always carries the other with it — almost always, because I don’t want to get caught up right now in handling exceptions — is the essential thing.

You can read my other posts about asking here.

*Postscript: On reflection, I might prefer this much more straightforward and concrete formulation: when someone presents an order as a request, look for an abuse of power. That way, we don’t have to worry too much about motives, or figure out whether the person doing the asking is trying to get away with something. It falls to the person being asked to watch for abuse, and conduct herself accordingly. (Being asked for something, or to do something, turns the ethical spotlight on you, or at least requires you to share it with the person doing the asking. This is your moment.) In a case like the present one, and in most superior-subordinate relationships, calling out abuse may be impractical. Subordinates will bury grievances, reluctantly comply, or pretend not to have been aware of the request. The subordinate’s dilemma in this case registers a failure of governance; a failure of governance at the highest reaches makes itself manifest at even the lowest levels and in the most trivial matters (the wearing of a ribbon). More immediately, presenting orders as requests hijacks power, creates distrust (after all, we can’t help but wonder about motives), and makes people prone to dissemble. All this thwarts collaboration, or the power to do things (to act) together.

Renault’s Hedge

The Attorney General’s letter says that he is resigning at the president’s “request,” but that of course is a euphemism. He never had the choice of not complying, or negotiating a different outcome, as he would if this had been an authentic request. Reports say Sessions wanted to stay on at least until the end of the week, but John Kelly hustled him out the door.

It’s a common ruse to disguise orders or commands as requests. Turning the verb “ask” into a noun — “the ask,” “my ask” — is one form this abuse takes. The euphemistic use of “request” is another.  In my work on asking, I’ve given this euphemism a name: Renault’s Hedge, after Captain Louis Renault in the movie Casablanca.

Rick’s Cafe. Captain Renault, played by Claude Rains, tries to mediate between Major Strasser and the resistance leader Victor Laszlo.

The scene seems like a piece of stage business that brings together the film’s main characters for the first time, only to have them arrange to come together at a later date. But the whole scene is a carefully scripted and choreographed negotiation of “authority,” from the soldier’s salute (in recognition of Strasser’s rank) at its beginning to the polite bows at its end. Throughout, witticisms, pleasantries, good manners and the norms of Casablanca cafe society serve as a hedge against Strasser’s power of command. 

STRASSER : I should like to discuss some matters arising from your presence on French soil.

LASZLO: This is hardly the time or the place.

STRASSER: (hardening) Then we shall state another time and another place. Tomorrow at ten in the Prefect’s office, with Mademoiselle.

LASZLO: Captain Renault, I am under your authority. Is it your order that we come to your office?

RENAULT: (amiably)  Let us say that it is my request. That is a much more pleasant word.

LASZLO: Very well.

Renault and Strasser bow shortly.

The improbable thing, of course, is that Renault’s hedge works, at least well enough to end the standoff (and Laszlo is, at this point, no longer sitting but standing face-to-face with Strasser).

It works in part because the film presents Strasser satirically as a striver, a Nazi brute pretending to be a civilized European. It also works because Rick’s Cafe, like Casablanca itself, is a place where the authority of the occupiers can be contested (think only of the scene in which Laszlo leads the singing of “La Marseillaise”). Polite repartee is still possible here: Victor Laszlo can mock Nazi occupation and subjugation to German authority as a “privilege” he has never accepted, and take refuge in decorum (“this is hardly the time or the place”) when Strasser tells him he should like to question him.

At the same time, this recourse to civility is always fraught with jeopardy. Here, it allows Renault to soften Major Strasser’s order, and all but compel Laszlo’s appearance. Renault’s Hedge gives cover to a moral retreat.

Six Questions about Asking and Sophia AI

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The company that makes Sophia, Hanson Robotics, has become adept at linking different, highly-specific algorithms like image recognition and speech transcription in a way that mimics what humans might be doing when we hear a question and formulate a response.
qz.com

Sophia AI’s mimicry of “what humans might be doing when we hear a question and formulate a response” is mostly “theatrics,” Hanson Robotics CTO Ben Goertzel openly admits. That is probably why Sophia AI has so far found her most receptive audiences on TV talk shows and in corporate theater, where she won’t have to undergo too much scrutiny. But with the launch of singularityNET, which promises to put “Sophia’s entire mind…on the network,” Hanson says that “soon…the whole world will be able to talk to her.”

I would offer that talking “to” Sophia AI — or using Sophia’s chatbot function — is still a long way from conversation in any meaningful sense of the word, because it does not involve talking with a second person. This inconvenient truth about Sophia AI has not prevented the Saudi government from naming Sophia the first “robot citizen” of the Kingdom (and the grim irony of “a robot simulation of a woman [enjoying] freedoms that flesh-and-blood women in Saudi Arabia do not” was not lost on the Washington Post); nor has it prevented tabloids from screeching about Sophia stating she would like to have a family.

If personhood is setting the bar too high, I’m content to consider merely how Sophia AI handles asking. This would involve some of the considerations I’ve been exploring in my posts on The Asking Project: what we “might be doing” (as the writer in Quartz puts it) when we ask or hear a question; what’s involved, and what’s at stake, when we address others with a request or demand; and how these and other interrogative activities might be involved in our (moral) status as persons.

For starters, here are half a dozen questions about asking and Sophia AI that occurred to me after watching her video performances. I suspect there is a clear answer to the first, and the remaining five require some extended discussion.

1. What syntactic, grammatical or other cues (e.g., intonation) does Sophia AI use to recognize a question, and distinguish it from a declarative statement?

2. Can Sophia AI distinguish a request from a demand? A demand from an order? If so, how is this done? If not, what does this shortcoming indicate?

3. Will Sophia AI ever refuse to comply with a request? Leave a demand unmet? Defy an order? If not, how should these incapacities limit the role of Sophia or any AI?

4. Could a demand ever create in Sophia AI a sense of obligation? If so, what might this “sense” entail? Can we speak coherently of AI rights, or even place limits on AI’s role, without first developing this sense?

5. Will Sophia AI ever be capable of deliberating with others and reaching consensus or agreement?

6. What would be required for Sophia AI to deliberate internally? To be capable of asking herself?