Montana Becomes First State to Enshrine 'Right to Compute' into Law
37 comments
·November 9, 2025dynm
BirAdam
I feel like this was a mistake: “must be limited to those demonstrably necessary and narrowly tailored to fulfill a compelling government interest in public health or safety”
So, public health or safety, in the hands of a tyrant how broad can that get? I imagine that by enshrining this in law, Montana has accidentally given a future leader the ability to confiscate all computing technology.
noir_lord
In the hands of a tyrant all laws can be arbitrary/ignored because that is a key part of what makes them a tyrant.
Almost every part of government is in isolation a single point of failure to someone with a tyrannical streak, it's why most democracies end up with multiple houses/bodies and courts - supposed to act as checks and balances.
So this law wouldn't alter the outcome in the slightest.
raw_anon_1111
How has that been working in the US where both the legislation branch and judicial branch have willingly given their authority to the executive branch?
SilverElfin
Agree - it feels a lot like emergency measures, which are broadly abused at every level of the government and by both major parties.
mpalmer
This is how laws are written. A court would determine whether the state is abusing or violating this public safety carve-out.
zbrozek
And this exact method is how we got minimum lot sizes, setbacks, FAR, and a burgeoning affordability and homelessness crisis. It's a blank check.
shortrounddev2
Seems like a lazy way to write a law. Basically just gives any governor whose party controls the supreme court a blank check. The law should qualify what public safety means
ralusek
It appears to be a law that is simply adding restrictions to what the state can do (like the first amendment, the best sorts of laws IMO). It’s not granting people limited rights. Any existing rights people had under the fourth or first example, for example, are still in place, this just sounds like further restrictions on the state.
montroser
I guess this is like the second amendment, except for computers and GPUs? I'm with it -- but is this actually addressing a real threat?
Maybe I'm naive, and I am definitely uncertain about how all this AI craziness is going to break -- whether empowering everyone or advancing ultra corporate dystopia. But do we think our government is gearing up to take our laptops away?
theoldgreybeard
The federalist wing of the drafters of the US Constitution didn't think a Bill of Rights was necessary because they believed that a government of only enumerated powers was enough.
So they didn't even think things like the First and Second Amendment were even necessary.
Fastfoward 250 years and now maybe the idea of a "right of the people to own and self host their own software, shall not be infringed" doesn't sound like such a bad idea.
montroser
True -- I like this take on it. I wonder where we will be 250 years from now.
FpUser
>"right of the people to own and self host their own software, shall not be infringed"
Count me in.
pessimizer
> they believed that a government of only enumerated powers was enough.
That's a perspective, but it seems to me that the Federalists didn't believe that government should be limited at all. The Constitution is a genie granting three wishes, and explaining beforehand that one of your wishes can be to wish for three more wishes.
Personally, it's always seemed obvious that the Federalists and their children have been the worst intellectual current in US government. They never had popular support at any time, and relied on the manipulation of power and position to accomplish personal goals (which is really their only ideology.) It began with a betrayal of the French Revolution, setting the US on a dirty path (and leaving the Revolution to be taken over by the insane.) The Bill of Rights is the only worthwhile part of the US Constitution; the rest of it is a bunch of slop meant to placate and protect local warlords and slaveholders. The Bill of Rights is the only part that acknowledges that individual people exist other than the preamble.
The Anti-Federalists were always right.
I agree with you that what we should be working on is specifying, codifying and expanding the Bill of Rights, rather than the courts continually trying to come up with new ways to subvert it. New ways that are never codified firmly, that always exist as vibes and penumbras. Rights shouldn't have anything to do with what a judge knows when he sees. If we want to abridge or expand the Bill of Rights, a new amendment should be written and passed; the Supreme Court is overloaded because 1) Congress has ceased to function and 2) the Senate is still an assembly of local warlords.
salawat
Ha. You reach for the 2nd but fail to realize that of all the Amendments, there is more legal precedent torture to sidestep that prohibition than any other amendment save maybe the 4th, 5th, and 10th.
lmeyerov
There is a big push to limit what kind of models can be OSS'd, which in turn means yes, a limit to what AI you are allowed to run.
The California laws the article references make OSS AI model makers liable for whatever developers & users do. That chills the enthusiasm for someone like Facebook or a university to release a better llama. So I'm curious if this law removes that liability..
bongodongobob
Maybe you've forgotten that the US at one time tried to ban encryption. They will try again too, I'm sure.
ranger_danger
Maybe they are trying to lure in more money.
lostmsu
It's not like second amendment due to "limited to those demonstrably necessary"
colingauvin
>Government actions that restrict the ability to privately own or make use of computational resources for lawful purposes, which infringes on citizens' fundamental rights to property and free expression, must be limited to those demonstrably necessary and narrowly tailored to fulfill a compelling government interest in public health or safety.
....what does this say about DRM enforcement?
nayuki
Exactly. I was hoping that this law would be the pushback to the overzealous prosecution of DeCSS, people who defeat DRM locks in order to lawfully back up the multimedia data that they already paid for, etc.
Somewhat related: https://www.gnu.org/philosophy/right-to-read.en.html , https://en.wikipedia.org/wiki/The_Right_to_Read
I also wonder what the impact of the law is on TPM chips on computers (restricting your ability to boot whatever OS you want), the locked-down iOS mobile app store, etc.
derbOac
I admit I'm not knowledgeable about this law but as it's written it seems fairly meaningless to me, as it could be interpreted in many different ways, and the exclusion is a hole you could drive a metaphorical truck through.
threecheese
Any idea how “citizen” is defined here? Does this apply, like speech (and campaign donations), to corporations?
sandworm101
Yes. In written laws "citizen" generally means any person and/or organization subject to the laws of the state. It doesnt mean just living people who can vote.
Many a young law student has pontificated that as non-citizens, visiting tourists have no rights. There is no more loaded a word in US politics, and none more malleable under the law, as "citizen". It means something different in every context.
sandworm101
Question nobody wants to talk about: will this prevent courts from issuing "no computer" restrictions on persons convicted or being investigated for crimes involving computers?
I have seen clients go for many years without cellphones because a judge cassually attached a "no computer" protective order. It is hard enough finding work as a convict or person under investigation, but 10x harder for those without cellphones and email.
zootboy
It does look to be a nudge in that direction, but it's not a slam-dunk. From my non-lawyer reading of the text, it seems like it would depend on how well you can argue that a total ban is not "narrowly tailored."
FpUser
These restrictions must be scrapped completely. Along with this barbaric "criminal record" they delegate big chunk of the population to an underclass, well, unless they are rich.
seneca
Here's the actual text of the law: https://legiscan.com/MT/text/SB212/id/3078731
superkuh
It's hilarious that the text of this law is blocked behind an impassible cloudflare computational paywall.
I think this is the main content of the law. (Everything below is quoted.)
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Section 3. Right to compute
Government actions that restrict the ability to privately own or make use of computational resources for lawful purposes, which infringes on citizens' fundamental rights to property and free expression, must be limited to those demonstrably necessary and narrowly tailored to fulfill a compelling government interest in public health or safety.
---
Section 4. Infrastructure controlled by artificial intelligence system -- shutdown.
(1) When critical infrastructure facilities are controlled in whole or in part by an artificial intelligence system, the deployer shall ensure the capability to disable the artificial intelligence system's control over the infrastructure and revert to human control within a reasonable amount of time.
(2) When enacting a full shutdown, the deployer shall consider, as appropriate, disruptions to critical infrastructure that may result from a shutdown.
(3) Deployers shall implement, annually review, and test a risk management policy that includes a fallback mechanism and a redundancy and mitigation plan to ensure the deployer can continue operations and maintain control of the critical infrastructure facility without the use of the artificial intelligence system.