Montana’s SB 212, known as the Right to Compute Act, is one of the most ambitious state‑level AI and digital‑rights laws in the United States. Enacted and signed on April 16–17, 2025, it establishes fundamental rights to access and use computational resources, while also imposing risk‑management obligations on AI systems that control critical infrastructure. It positions Montana as the first state to legislate both individual digital rights and AI‑infrastructure safety in a single statutory framework.
Core purpose and scope
SB 212 creates a statewide policy framework that does two things simultaneously:
- Guarantees a “right to compute”—the right of individuals and businesses to own, access, and use computational tools, including AI systems, without unnecessary government interference.
- Regulates AI‑controlled critical infrastructure, requiring risk‑management policies and emergency shutdown capabilities to prevent catastrophic failures.
This dual structure makes the Act both a digital civil‑liberties statute and a public‑safety regulation.
Key provisions
- Fundamental digital rights
The Act establishes legally protected rights to:
- Own and use computational resources
- Access AI tools
- Develop and deploy AI systems
- Protect intellectual property related to computing and AI
These rights may only be restricted when the government can show the limitation is necessary and narrowly tailored to a compelling public‑safety or health interest.
- AI risk‑management for critical infrastructure
SB 212 requires facilities controlled by AI systems to implement:
- Risk‑management policies
- Safety protocols
- Mandatory shutdown procedures if AI behavior threatens public safety
This applies to infrastructure such as energy, water, transportation, and other essential systems.
- Governance and oversight
The Act includes:
- Definitions for AI‑controlled systems
- Requirements for documentation and risk assessment
- Immediate effective date upon enactment
- State leadership in AI rights
Montana’s law is widely described as the first in the nation to secure comprehensive rights to use computational and AI tools, placing the state at the forefront of digital‑rights legislation.
Legislative background
- Introduced: January 24, 2025
- Passed Senate: March 1, 2025
- Passed House: March 28, 2025
- Signed by Governor: April 16, 2025
- Chapter number assigned: April 17, 2025
The bill was sponsored by Senator Daniel Zolnikov and framed as a response to both the rapid expansion of AI and concerns about government overreach in regulating computational tools.
Why SB 212 matters
Montana’s Right to Compute Act is significant because it:
- Establishes computational access as a civil right
- Creates one of the first AI‑infrastructure safety regimes in the U.S.
- Balances innovation freedom with public‑safety safeguards
- Signals a new legislative trend toward AI rights + AI risk regulation in a single statute
It is now a reference point for other states considering similar digital‑rights or AI‑safety legislation.
