US Vice President Kamala Harris applauds as US President Joe Biden signs an executive order after delivering remarks on advancing the safe, secure, and trustworthy development and use of artificial intelligence, in the East Room of the White House in Washington, DC, on October 30, 2023.
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After the Biden administration unveiled the first-ever executive order on artificial intelligence on Monday, a frenzy of lawmakers, industry groups, civil rights organizations, labor unions and others began digging into the 111-page document — making note of the priorities, specific deadlines and, in their eyes, the wide-ranging implications of the landmark action.
One core debate centers on a question of AI fairness. Many civil society leaders told CNBC the order does not go far enough to recognize and address real-world harms that stem from AI models — especially those affecting marginalized communities. But they say it’s a meaningful step along the path.
Many civil society and several tech industry groups praised the executive order’s roots — the White House’s blueprint for an AI bill of rights, released last October — but called on Congress to pass laws codifying protections, and to better account for training and developing models that prioritize AI fairness instead of addressing those harms after-the-fact.
“This executive order is a real step forward, but we must not allow it to be the only step,” Maya Wiley, president and CEO of The Leadership Conference on Civil and Human Rights, said in a statement. “We still need Congress to consider legislation that will regulate AI and ensure that innovation makes us more fair, just, and prosperous, rather than surveilled, silenced, and stereotyped.”
U.S. President Joe Biden and Vice President Kamala Harris arrive for an event about their administration’s approach to artificial intelligence in the East Room of the White House on October 30, 2023 in Washington, DC.
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Cody Venzke, senior policy counsel at the American Civil Liberties Union, believes the executive order is an “important next step in centering equity, civil rights and civil liberties in our national AI policy” — but that the ACLU has “deep concerns” about the executive order’s sections on national security and law enforcement.
In particular, the ACLU is concerned about the executive order’s push to “identify areas where AI can enhance law enforcement efficiency and accuracy,” as is stated in the text.
“One of the thrusts of the executive order is definitely that ‘AI can improve governmental administration, make our lives better and we don’t want to stand in way of innovation,'” Venzke told CNBC.
“Some of that stands at risk to lose a fundamental question, which is, ‘Should we be deploying artificial intelligence or algorithmic systems for a particular governmental service at all?’ And if we do, it really needs to be preceded by robust audits for discrimination and to ensure that the algorithm is safe and effective, that it accomplishes what it’s meant to do.”
Margaret Mitchell, researcher and chief ethics scientist of AI startup Hugging Face said she agreed with the values the executive order puts forth — privacy, safety, security, trust, equity and justice — but is concerned about the lack of focus on ways to train and develop models to minimize future harms, before an AI system is deployed.
“There was a call for an overall focus on applying red-teaming, but not other more critical approaches to evaluation,” Mitchell said.
“‘Red-teaming’ is a post-hoc, hindsight approach to evaluation that works a bit like whack-a-mole: Now that the model is finished training, what can you think of that might be a problem? See if it’s a problem and fix it if so.”
Mitchell wished she had seen “foresight” approaches highlighted in the executive order, such as disaggregated evaluation approaches, which can analyze a model as data is scaled up.
Dr. Joy Buolamwini, founder and president of the Algorithmic Justice League, said Tuesday at an event in New York that she felt the executive order fell short in terms of the notion of redress, or penalties when AI systems harm marginalized or vulnerable communities.
Even experts who praised the executive order’s scope believe the work will be incomplete without action from Congress.
“The President is trying to extract extra mileage from the laws that he has,” said Divyansh Kaushik, associate director for emerging technologies and national security at the Federation of American Scientists.
For example, it seeks to work within existing immigration law to make it easier to retain high-skilled AI workers in the U.S. But immigration law has not been updated in decades, said Kaushik, who was involved in collaborative efforts with the administration in crafting elements of the order.
It falls on Congress, he added, to increase the number of employment-based green cards awarded each year and avoid losing talent to other countries.
Industry worries about stifling innovation
On the other side, industry leaders expressed wariness or even stronger feelings that the order had gone too far and would stifle innovation in a nascent sector.
Andrew Ng, longtime AI leader and cofounder of Google Brain and Coursera, told CNBC he is “quite concerned about the reporting requirements for models over a certain size,” adding that he is “very worried about overhyped dangers of AI leading to reporting and licensing requirements that crush open source and stifle innovation.”
In Ng’s view, thoughtful AI regulation can help advance the field, but over-regulation of aspects of the technology, such as AI model size, could hurt the open-source community, which would in turn likely benefit tech giants.
Vice President Kamala Harris and US President Joe Biden depart after delivering remarks on advancing the safe, secure, and trustworthy development and use of artificial intelligence, in the East Room of the White House in Washington, DC, on October 30, 2023.
Chip Somodevilla | Getty Images
Nathan Benaich, founder and general partner of Air Street Capital, also had concerns about the reporting requirements for large AI models, telling CNBC that the compute threshold and stipulations mentioned in the order are a “flawed and potentially distorting measure.”
“It tells us little about safety and risks discouraging emerging players from building large models, while entrenching the power of incumbents,” Benaich told CNBC.
NetChoice’s Vice President and General Counsel Carl Szabo was even more blunt.
“Broad regulatory measures in Biden’s AI red tape wishlist will result in stifling new companies and competitors from entering the marketplace and significantly expanding the power of the federal government over American innovation,” said Szabo, whose group counts Amazon, Google, Meta and TikTok among its members. “Thus, this order puts any investment in AI at risk of being shut down at the whims of government bureaucrats.”
But Reggie Townsend, a member of the National Artificial Intelligence Advisory Committee (NAIAC), which advises President Biden, told CNBC that he feels the order doesn’t stifle innovation.
“If anything, I see it as an opportunity to create more innovation with a set of expectations in mind,” said Townsend.
David Polgar, founder of the nonprofit All Tech Is Human and a member of TikTok’s content advisory council, had similar takeaways: In part, he said, it’s about speeding up responsible AI work instead of slowing technology down.
“What a lot of the community is arguing for — and what I take away from this executive order — is that there’s a third option,” Polgar told CNBC. “It’s not about either slowing down innovation or letting it be unencumbered and potentially risky.”
The Texas-based space company said in an updated prospectus Monday that it’s planning to sell about 16.2 million shares. The offering could raise up to $631.8 million.
Earlier this month, Firefly filed its plans to go public on the Nasdaq under the ticker symbol “FLY.”
Its debut comes amid a renewed push in the space race, as billionaire-led companies such as Elon Musk‘s SpaceX funnel more money into space activities and startups try their luck at the public markets.
Space tech firm Voyager went public in June, while reusable rocket developer Innovative Rocket Technologies said it plans to debut through a $400 million special purpose acquisition company merger.
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Firefly’s public market launch also coincides with a revival in IPO activity as debilitating interest rates and an overhang from President Donald Trump‘s tariff plans begin to clear. Design software company Figma is slated to go public this week after raising its range.
Firefly makes rockets, space tugs and lunar landers, including satellite launching rockets known as Alpha. At the end of March, the company reported a sixfold jump in revenue from $8.3 million a year ago to $55.9 million.
The company also reported a net loss of about $60.1 million, up from a loss of $52.8 million a year ago, and said its backlog totaled about $1.1 billion.
Some of Firefly’s major backers include AE Industrial Partners, which led an early investing round in the company. Defense contractor Northrop Grumman invested $50 million in the startup this May, and Firefly says it has collaborated with Lockheed Martin, L3Harris and NASA.
Elena Nadolinski, founder and CEO at Iron Fish, and Dylan Field, CEO and co-founder of Figma, attend the annual Allen and Co. Sun Valley Media Conference in Sun Valley, Idaho, on July 7, 2022.
The company now expects shares to go for $30 to 32 each, up from the range of $25 to $28 that it disclosed on July 21.
The new range, announced in a regulatory filing, suggests Figma would be worth $17.6 billion to $18.8 billion on a fully diluted basis.
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That would still be below the $20 billion total that Adobe had offered when it announced plans to acquire Figma in 2022. The deal fell apart after regulators pushed back on competitive grounds.
Figma is among the most valuable privately held technology companies.
Financial technology companies Chime and Circle went public in June, and CoreWeave shares debuted in March. Circle and CoreWeave shares have since more than doubled in price.
The Huawei flagship store and the Apple flagship store at Nanjing Road Pedestrian Street in Shanghai, China, Sept. 2, 2024.
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Huawei reclaimed the top spot in China’s smartphone market in the second quarter of the year, while Apple returned to growth in the country — one of its most critical markets — data released by technology market analyst firm Canalys showed on Monday.
Huawei shipped 12.2 million smartphones in China in the three months ended June, a rise of 15% year on year — equating to 18% market share. It’s the first time Huawei has been the biggest player by market share in China since the first quarter of 2024, according to Canalys.
Apple, meanwhile, shipped 10.1 million smartphones in the quarter in China, up 4% year on year and ranking fifth. It is the first time Apple has recorded growth in China since the fourth quarter of 2023, Canalys said.
Shipments represent the number of devices sent to retailers. They do no equate directly to sales but are a gauge of demand.
The numbers come ahead of Apple’s quarterly earnings release this week, with investors watching the company’s performance in China, a market where the Cupertino giant has faced significant challenges, including intense competition from Huawei and other local players such as Xiaomi.
Huawei, which made a comeback at the end of 2023 after its smartphone business was crippled by U.S. sanctions, has eaten away at Apple’s share.
Apple’s return to growth in China will be a welcome sign for investors. The U.S. tech giant “strategically adjusted its pricing” for the iPhone 16 series in China, which helped it grow, Canalys said. Chinese e-commerce firms discounted Apple’s iPhone 16 models during the quarter. And Apple itself also increased trade-in prices for some iPhone models.
Meanwhile, competition in China has intensified. Huawei has aggressively launched various smartphones in the past year and has started to roll out HarmonyOS 5, its self-developed operating system, across various devices. It is a rival to Google’s Android and Apple’s iOS.
“This move is expected to accelerate the expansion of its independent ecosystem’s user base, while also placing greater demands on system compatibility and user experience,” Lucas Zhong, analyst at Canalys, said in a press release.