'Right-to-Compute' Laws May Be Coming to Your State This Year

Summary

Key TakeawaysMontana became the first state to pass a “right-to-compute” law shielding AI and computational systems from certain regulations.Backed by model legislation from ALEC, similar bills are advancing in multiple statehouses. Critics warn the broad definition of “compute” could make AI oversight, audits and safety rules vulnerable to legal challenge.Almost 40 states have passed or are considering laws limiting how businesses may use artificial intelligence (AI), according to the National Council of State Legislatures. This has led both the US Congress and President Donald Trump to attempt to forbid such laws. Number of AI legislation records by stateStateScape Now, some states are taking the opposite tack: Bills that block such regulations by protecting AI and computing, a movement dubbed “right-to-compute.” Table of ContentsWhat Is Right-to-Compute? Right-to-compute is modeled after property rights, as well the First Amendment’s right to free speech (and, according to some, the Second Amendment's right to bear arms). Using a printing press doesn’t invalidate one’s right to free speech, so a computer shouldn’t either, the argument goes. That doesn’t mean people could use computers to harass other people, create and post nude photos of women and children or similar activities. Similar to how free speech doesn't mean you can yell “Fire!” in a crowded theater, computer-based activities that harm other people wouldn’t be protected, proponents say.Common Questions on Right-to-ComputeWould right-to-compute create a new constitutional right?No. Most proposals are statutory, not constitutional amendments. However, they are designed to trigger heightened judicial scrutiny similar to how courts treat speech or property rights.Could existing AI regulations be challenged retroactively?Potentially. If enacted broadly, businesses could argue that previously passed rules violate their right to compute and seek judicial review.Could right-to-compute affect data center restri...