Biden’s AI order didn’t go far enough to address fairness, but it’s a good first step, advocates say
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.
Brendan Smialowski | AFP | Getty Images
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.
Chip Somodevilla | Getty Images
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.”
WATCH: We have to try to engage China in AI safety conversation, UK tech minister says
Meta CEO Mark Zuckerberg looks on before the luncheon on the inauguration day of U.S. President Donald Trump’s second Presidential term in Washington, U.S., Jan. 20, 2025.
Evelyn Hockstein | Reuters
Mark Zuckerberg’s plan is to make Meta the market leader in artificial intelligence. Investors will want to know how President Donald Trump’s tariffs-heavy trade policies will impact that strategy.
Those answers could start to come as soon as this week as Meta’s AI strategy takes center stage when the company hosts its first Llama-branded conference for AI developers on Tuesday then reports its latest quarterly earnings the next day.
Already, tech companies are starting to talk about the potential impact they’re bracing for as a result of the Trump tariffs.
Intel Chief Financial Officer David Zinsner said Thursday during the chip giant’s first-quarter earnings call that U.S. trade policies “have increased the chance of an economic slowdown, with the probability of a recession growing.” Meanwhile, Google CFO Anat Ashkenazi said that day during a first-quarter earnings call that the tech giant remains committed to its $75 billion investment in capital expenditures, or capex, this year, but also acknowledged that the “timing of deliveries and construction schedules” could cause some quarter-to-quarter spending fluctuation.
For now, analysts expect Meta to follow Alphabet’s lead and remain firm in its plan to spend as much as $65 billion in capex for AI infrastructure this year when it reports earnings Wednesday. Some analysts believe Meta could even raise the figure because AI is a core priority for the company.
“We do not expect META to cut its CapX guidance of $60B-$65B in 2025, for its GenAI infrastructure, because they see this as an important 10-year investment, we believe,” Needham analysts wrote in a research note published Wednesday. “However, tariffs add risks of upward cost revisions.”
Investors will also be monitoring Meta’s LlamaCon event at its Menlo Park, California, headquarters for any signs that its AI investments are having an immediate business impact. This will be the first time Meta hosts a developer conference specifically for its Llama family of AI models.
“Investors want to see ROI on all these AI investments, and while Meta has shown clear benefits from leveraging AI to improve its products and drive faster revenue growth, it’s been hard to quantify those benefits,” Truist Securities analyst Youssef Squali told CNBC.
Meta in April released a couple of its new Llama 4 models, which Meta Chief Product Officer Chris Cox previously said can help power so-called AI agents that can perform tasks for users via web browsers and other online interfaces.
It’s critical that Meta keep improving Llama to create a major business involving AI agents that companies can use to interact with their customers within apps like Facebook and WhatsApp, William Blair research analyst Ralph Schackart said.
“Meta has an early mover advantage at scale in a multi-trillion dollar market,” Schackart said in an email. “We believe Meta is very well positioned to leverage its billions of global users across multiple platforms.”
Meta is unlikely to curb its Llama investment any time soon, but should eventually consider doing so if it fails to generates enough money to justify its costs, said Ken Gawrelski, a Wells Fargo managing director of equity research.
“We do believe that over time Meta needs to continue to evaluate whether Llama needs to be competitive with the leading-edge models,” Gawrelski said. “This is a very expensive proposition and thus far, unlike Google, Meta does not directly monetize its model in any material way.”
Chris Cox, Chief Product Officer at Meta Platforms, speaks during The Wall Street Journal’s WSJ Tech Live Conference in Laguna Beach, California on October 17, 2023.
Patrick T. Fallon | AFP | Getty Images
Meta AI and the consumer
Analysts are also following the Meta AI digital assistant. That’s because the ChatGPT rival represents the second pillar of Zuckerberg‘s AI strategy.
Zuckerberg in January said he believes 2025 “is going to be the year when a highly intelligent and personalized AI assistant reaches more than 1 billion people, and I expect Meta AI to be that leading AI assistant.”
In February, CNBC reported that Meta was planning to debut a standalone Meta AI app during the second quarter and test a paid subscription service, in which users could pay monthly fees to access more powerful versions like users can with ChatGPT.
Although Meta’s enormous user base across its family of apps gives Meta AI an advantage over rivals like ChatGPT in terms of reach, they may not interact with Meta AI in the same way they do with rival chat apps, said Cantor Fitzgerald analyst Deepak Mathivanan.
Gawrelski said that people may not want to use Meta AI within Facebook and Instagram if all they want to do is passively watch the short videos that Meta algorithmically recommends to their feeds.
“This is why a separate Meta AI, where Meta could clearly articulate its use case and value proposition, could be helpful,” Gawrelski said.
A standalone Meta AI app could help the company better market the digital assistant and distinguish it from rivals, said Debra Aho Williamson, founder and chief analyst for Sonata Insights.
“ChatGPT has such wide brand awareness, that it’s become a moat that is soon going to be very hard to overcome,” Williamson said.
The X logo appears on a phone, and the xAI logo is displayed on a laptop in Krakow, Poland, on April 1, 2025. (Photo by Klaudia Radecka/NurPhoto via Getty Images)
Nurphoto | Nurphoto | Getty Images
Elon Musk‘s xAI Holdings is in discussions with investors to raise about $20 billion, Bloomberg News reported Friday, citing people familiar with the matter.
The funding would value the company at over $120 billion, according to the report.
Musk was looking to assign “proper value” to xAI, sources told CNBC’s David Faber earlier this month. The remarks were made during a call with xAI investors, sources familiar with the matter told Faber. The Tesla CEO at that time didn’t explicitly mention any upcoming funding round, but the sources suggested xAI was preparing for a substantial capital raise in the near future.
The funding amount could be more than $20 billion as the exact figure had not been decided, the Bloomberg report added.
Artificial intelligence startup xAI didn’t immediately respond to a CNBC request for comment outside of U.S. business hours.
The AI firm last month acquired X in an all-stock deal that valued xAI at $80 billion and the social media platform at $33 billion.
“xAI and X’s futures are intertwined. Today, we officially take the step to combine the data, models, compute, distribution and talent,” Musk said on X, announcing the deal. “This combination will unlock immense potential by blending xAI’s advanced AI capability and expertise with X’s massive reach.”
Read the full Bloomberg story here.
— CNBC’s Samantha Subin contributed to this report.
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