Montana Leads the Way on Digital Liberty. Will South Carolina Follow?

In a bold step forward, Montana has become the first state to secure the “Right to Compute,” a law that could influence the future of technology, personal freedom, and economic innovation. Senate Bill 212, signed into law in April 2025 by Montana Governor Greg Gianforte (R), affirms that individuals and businesses have a constitutional right to use and develop digital tools, including artificial intelligence, software, and private servers. Our friends at The Frontier Institute had a hand in the drafting of the bill.  

The Right to Compute Act places clear limits on government interference and offers legal clarity to those businesses and individuals driving technological progress. As the first law of its kind in the United States, it sets a standard that other states should follow. South Carolina would benefit from adopting a similar measure to remain competitive in an increasingly digital economy. 

What does the Right to Compute do? 

“Right to Compute” laws outline and protect the rights to ownership, access, and use of computational resources and AI tools. These include hardware, software, data tools, and artificial intelligence. Crucially, the law confirms that such resources should not be reserved for major corporations. By protecting this ability to use computing power, Right to Compute laws effectively extend traditional property rights into the digital age.  

Key provisions of Montana’s law include: 

• Securing the right to ownership, access, and use of computational resources and AI tools 
• Limiting government restrictions related to computing. 
• Creating clear oversight requirements of critical AI-controlled infrastructure, such as in energy or water infrastructure. 
• Requiring override mechanisms that put humans back in control for critical AI-controlled infrastructure.  
• Establishing annual risk management procedure reviews, including fallback procedures and mitigation plans. 

Why the “Right to Compute” Matters 

The rise of AI and other emerging technologies has prompted debate about how best to regulate digital innovation. The Right to Compute offers a regulatory answer to the wild west of AI without threatening South Carolinians’ freedom. With this legislation, innovation and liberty go hand-in-hand. Unlike some states’ experimental heavy-handed regulation of digital tools, such as the recently vetoed Virginia legislation, Montana’s approach contains only strictly necessary safeguards.  

A driving force behind Right to Compute is the existential threat posed by government intervention in AI, either through regulation or attempts to pick winners (the bigs) and losers (the smalls). Adam Thierer, Senior Fellow with the R Street Institute, put it this way: “A right to compute essentially reverses the burden of proof on digital innovators. They are innocent until proven guilty.” 

A Model for Others 

Other states are already considering adopting similar Right to Compute legislation. New Hampshire introduced a constitutional amendment known as (CACR 6), which would incorporate the Right to Compute directly into the state’s constitution. Rep. Keith Ammon (R), one of the bill’s sponsors, said, “It’s like the freedom of the press or the Second Amendment,” emphasizing the importance of digital freedom in today’s world. 

The Case for South Carolina 

South Carolina is already home to a growing tech and advanced manufacturing sector. Palmetto Promise has written about the benefits of attracting data centers and embracing the booming business that is AI and fintech in the past. However, without a clear legal framework protecting digital freedoms, innovators will face uncertainty that could drive talent and investment elsewhere. A South Carolina Right to Compute statute would give our state a competitive edge by signaling that we are open for digital business. It is a free-market solution that guarantees economic opportunity while offering thoughtfully crafted guardrails to protect public infrastructure.  

The Bottom Line 

Protecting the Right to Compute is a product of the innovative digital world, but at its core, it just ensures that the rights we have always defended—the right to think, speak, build, and own—keep pace with the times. 

The Right to Compute is essential because a future shaped by free citizens, not centralized control, is the only future worth fighting for.