Elon Musk’s appointment by Donald Trump to co-lead a brand new division tasked with slashing authorities spending comes with a significant wrinkle: Potential conflicts of curiosity.
Musk’s deliberate function collides together with his day job working his enterprise empire that features electrical automaker Tesla, rocket firm SpaceX, social media platform X, and AI startup xAI. Many fear he’ll use his place in Trump’s inside circle, main the Division of Authorities Effectivity (DOGE), to supercharge his personal corporations or hurt opponents.
Richard Painter, former chief White Home ethics lawyer beneath former President George W. Bush and now a College of Minnesota legislation professor, informed Fortune that Trump’s choice to offer DOGE an advisory standing somewhat than a authorities one was possible strategic. In response to Painter, the setup lets Musk and his DOGE co-chief, Vivek Ramaswamy, keep away from divesting their monetary property beneath legal guidelines that bar federal workers from collaborating in regulation and contracting that might have an effect on their private monetary pursuits.
However, Painter added that advisory committees like DOGE should nonetheless comply with sure guidelines. They embody making data publicly accessible, holding public conferences, and permitting public participation. “All people is aware of these folks have conflicts of curiosity, but they’re giving recommendation to the federal government, and that’s okay, however it’s important to adjust to the transparency provisions,” he stated.
Musk’s conflicts span most something involving transportation and communication, and subsequently the very federal businesses in his crosshairs for finances cuts. His conflicts additionally embody the fast-moving world of AI, which more and more underpins important applied sciences, shapes international energy dynamics, and raises critical moral and societal questions.
As enterprise capitalist and Trump critic Reid Hoffman just lately wrote within the Monetary Occasions, Musk’s direct possession in xAI creates a “critical battle of curiosity when it comes to setting federal AI insurance policies for all US corporations,” elevating pink flags about Musk’s affect on all the pieces from authorities contracts, to regulating AI corporations, to proscribing expertise exports.
And that’s just the start. Right here’s are among the key AI-focused conflicts value taking note of:
AI insurance policies through the AI ‘czar’
Trump is contemplating appointing an AI czar to coordinate federal coverage and authorities use of the rising expertise, Axios reported. Musk is anticipated to work intently with any AI czar appointee, who could have marching orders “to maintain America within the AI forefront” and “work with DOGE to make use of AI to root out waste, fraud and abuse, together with entitlement fraud.”
May Musk steer authorities AI contracts to his personal firm, xAI? He might, stated Richard Schoenstein, vice chair of litigation follow at legislation agency Tarter Krinsky & Drogin. In concept, Schoenstein defined, Musk’s xAI may benefit from favorable contracts, however he might additionally push the federal government to crack down on its opponents like OpenAI and Anthropic. He known as Musk’s twin function as businessman and Trump advisor a “harmful mixture.
Musk, for instance, has lengthy complained about authorities forms hurting his companies. Now, he might use his new DOGE function to eradicate any governmental hurdles to xAI, AI usually, or his different enterprise pursuits, stated Schoenstein.
Nonetheless, Musk’s stance on AI isn’t at all times easy. For instance, he has supported sure laws of AI like California’s ultimately-doomed SB-1047 invoice, meant to ascertain security requirements for superior AI methods.
However Musk nonetheless has a stake in future authorities choices round AI, together with how AI corporations can entry information. Final month, for instance, X quietly up to date its privateness phrases for Grok, the AI chatbot developed by xAI, to make clear that it makes use of X information to coach xAI’s fashions. As head of DOGE, Musk might assist insurance policies that enable the broader use of information for AI growth, together with probably loosening consumer privateness restrictions.
Schoenstein additionally worries in regards to the big quantity of personal info Musk has collected about U.S. residents by means of his numerous companies. X, xAI, and his Starlink satellite tv for pc web service hoover up huge quantities of details about what customers take a look at on-line and who they’re. He fears that Musk, due to his alliance with Trump, might now be extra prone to share that info with the federal government. “Whereas among the social media corporations traditionally have taken a really protecting stance in regards to the privateness of their customers, having a man who owns X and owns xAI and owns a satellite tv for pc system, mainly in lockstep with the governing administration, is harmful,” Schoenstein stated.
AI-powered self-driving
Whether or not Musk will use DOGE to profit the long run deployment of Tesla’s AI-powered self-driving automobiles is one other query. For years, most just lately at an October demo, he’s promised to introduce robotaxis that may ferry passengers with out drivers.
Musk’s place with DOGE might let him extra powerfully advocate for lenient laws that profit Tesla. For instance, the Nationwide Freeway Visitors Security Administration (NHTSA), which oversees automobile security requirements, has a giant say in Tesla’s Autopilot and Full Self-Driving (FSD) options. In response to a Bloomberg report, Trump’s transition staff is now searching for NHTSA policymakers to steer efforts on self-driving regulation, possible aiming to chill out guidelines to speed up growth.
Such a change would come at a vital juncture for the self-driving trade, stated Schoenstein. And it wouldn’t require eliminating the company. “You would simply change the management” and set up “a business-friendly head, and that can reduce the enforcement chunk,” he stated.
Environmental insurance policies that promote electrical autos (EVs) are additionally essential for Tesla’s success. Musk’s DOGE function might assist him form these laws to favor Tesla, probably by pushing for stricter emissions requirements that profit EV producers or by influencing how subsidies and tax incentives are allotted. For clear transportation advocates, it is a good factor. However Musk has additionally supported slicing Biden’s $7,500 tax credit score for EVs, which might affect different automakers.
xAI’s Memphis supercomputer
One other potential battle of curiosity includes Colossus, xAI’s new supercomputer in Memphis. Musk has claimed will probably be the world’s quickest AI supercomputer, and final month stated he deliberate to double its computing energy.
That may require a lot of electrical energy. Earlier this yr the native utility agreed to produce xAI with 150 megawatts, topic to approval from the Tennessee Valley Authority, a federal utility. The TVA authorised the additional electrical energy earlier this month, regardless of residents rights teams and environmental campaigners elevating considerations in regards to the ensuing strains on town’s energy grid and the world’s already poor air high quality.
The authority is ruled by a board appointed by the president and confirmed by the Senate. Many of the present board member’s five-year phrases will expire throughout Trump’s upcoming administration, which opens the door to packing it with members who’re pleasant to Musk’s pursuits. “There’s actually concern about that relationship,” Amanda Garcia, a senior legal professional on the Southern Environmental Legislation Heart, informed Fortune.
Her group has complained about xAI already putting in pure gas-fired generators on the former manufacturing facility in Memphis the place the xAI’s supercomputer is positioned. The mills provide electrical energy on to the ability with out counting on the general public energy grid.
Memphis residents and environmental teams have raised considerations in regards to the air pollution generated by these gas-powered mills. Moreover, xAI might have put in and operated them with out securing the required permits, based on Garcia. The native company has referred the difficulty to the EPA, which is at the moment reviewing the matter. Notably, the EPA could be a key company beneath scrutiny in DOGE’s oversight.
Garcia identified that Trump’s decide for EPA commissioner, Lee Zeldin, has already talked about eager to make the U.S. a worldwide chief in synthetic intelligence. That assertion, Garcia stated, “looks as if an odd factor for an EPA administrator to say,” however possible music to the ears of Musk and fellow AI entrepreneurs.
Conflicts of curiosity aren’t new
Musk’s conflicts of curiosity by means of DOGE could seem unprecedented, nevertheless it’s been an issue earlier than in relation to exterior advisors. It has even prolonged to AI issues beneath each Trump’s first administration and President Biden, stated Marc Rotenberg, president and founding father of the Heart for AI and Digital Coverage.
Former Google CEO Eric Schmidt, for instance, whereas nonetheless a technical adviser to Google-parent Alphabet, turned the chair of the Nationwide Safety Fee on Synthetic Intelligence in 2018, advising on nationwide AI methods. Starting in 2016, he was additionally concerned within the Protection Innovation Advisory Board, which connects the tech corporations to the Pentagon. As well as, in the course of the Biden administration Schmidt co-chaired the Nationwide Safety Fee on Synthetic Intelligence.
In response to criticism about conflicts of curiosity in his function with the Protection Innovation Advisory Board, Schmidt stated emails and different communications had been screened. He subsequently wouldn’t see or be briefed about any enterprise between Google or Alphabet and the Protection Division, he stated in 2018.
As for Musk, Rotenberg stated, he “mustn’t personally profit from the federal government reform proposals he places ahead—I don’t assume there ought to be any doubt about that.” Then he added that the issue is way greater than one man. “This has been a protracted working theme, significantly within the tech sector, for a few years.”
